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Home My WebLink AboutRESO 6451• ORIGINAL RESOLUTION NO. 6451 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING MERIT SYSTEM RULES AND REGULATIONS AND RESCINDING RESOLUTIONS 4372, 4497, 4636~ 4815, 5250, 5259, 5349, 5389, 5548, 5720, 5792, 5945, 5955, 6036, AND 5138 WHEREAS, pursuant to authority contained in Article III, Section 18 of the Charter of the City of Palo Alto, and Section 2.36.010 of the Palo Al to Municipal Code, the Council of the City of Palo Al to pre- viously adopted Merit System Rules and Regulations on August 24, 1970, by Resolution No. 4372 and amended said Merit System Rules and Regula- tions by Resolutions 4372, 4497, 4636, 4815. 5250, 5259, 5349, 5389, 5548, 5720, 5792, 5945, 5955, 6036, and 6138~ and WHEREAS, ~he Council of the City of Palo Alto desires to continue equitable and uniform procedures for dealing with personnel matters, and to continue municipal employment on a merit basis so that the most qualified available people may be brought into the municipal service, while adopting necessary changes and modifications to such Merit System Rules and Regulations; and WHEREAS, the Council has examined its policies on nepotism and wishes to revise these policies to be consistent with recent case law1 NOW, THEREFORE, the Council of the City of palo does RESOLVE as follows: SECTION 1. That the Merit System Rules and Regulations attached hereto as Exhibit •A" and by reference made a part hereof are hereby adopted. SECTION 2. The following resolutions adopted on the dates speci- fied hereafter are hereby rescinded: Resolution Noe 4372 4497 4636 4815 5250 5259 5349 5389 5548 5720 5792 5945 5955 6036 6138 Adoption Date 8/24/70 8/23/71 8/21/72 8/20/73 8/23/76 9/27/76 2/4/77 4/18/77 5/?2/78 8/6/79 5/ 12/80 7/27/81 9/14/81 6/7/82 6/27/83 Provided, however, that the changes provided for in this resolution shall not affect any right established or accrued or any offense or act committed, or any penalty or forfeiture incurred, or any prosecution. suit, or proceeding pending, or any judgment rendered prior to the effective date of this resolution. SECTION 3. The Council finds that this is not a project und:r the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED l-.ND PASSED: December 2, 1985 AYES: Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Woolley NOES: None ABSTENTIONS: None ABS E:NT: Bechte 1, Pat itucci APPROVE S T FORM: ~A~ CITY OF PALO ALTO tERIT RULES AND REGULATIONS Decellber 2. 1985 December 2, 1985 TO ALL EMPLOYEES: The attached reprint of the MERIT SYSTEM RULES AND REGULATIONS incorporates all changes to the Merit System Rules and Regulations emicted by the City Council up to and including December 2, 1985. If you have any questions, please call this office. DIRECTOR OF PERSONNEL SERVICES CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER 14 CHAPTER 15 CHAPTER 16 MERIT SYSTEM RULES ANO REGULATIONS CITY OF PALO AL TO GENERAL DEFINITIONS EMPLOYMENT TERMINATION OF EMPLOYMENT HOURS AND COMPENSATION SICK LEAVE VACATION LEAVE OTHER LEAVES OF ABSENCE PROBATIONARY STATUS DISCIPLINARY ACTIOH GRIEVANCE PROCEOllRf EMPLOYER AND EMPLOYEE RELATIONS AHO EMPLO'iEE REPRESENTATIVES MISCELLANEOUS HEMORANOUt1 OF #GREEMENT LOCAL 71 SA. SEIU MEMORANDUM OF UNDERSTANDIM; LOCAL 1319. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS MEMORAHDLt1 CF UNOERSTANDIN; PALO ALTO PEACE OFFICEPS' ASSOCIATIO~ TABLE OF CONTENTS MERIT SYSTEM RULES AND REGULATIONS CHAPTER 1 -GENERAL Section 101 102 103 104 105 106 107 108 Adoption of rules and regulations ••••• Powers of city manager .••••••••• Admfn;stration of the merit system •• Purpo~e and policy •••••••• Personnel policy •••••••••• Merit system application; exceptions ••• Employment constitutes acceptance of rules •••••••• • • • • • • • • • • Conflict with charter. • • • • • • • • • • CHAPTER 2 -DEFINITIONS 201 Defi ni t1ons general • . 202 Appointing authority 203 Classification plan. . 204 Continuous service . . 205 Discharge. . . . . . . 206 Disciplinary probation 207 Demotion • • . . . 208 Non-pay status . . . . 209 Pay status • • . . . • 210 Promotion. • • . . 211 Salary range . . • . 212 Salary schedule. • 213 Suspension • • . . . . 214 Sworn personnel. . . • 215 Tenni nation. • • CHAPTER 3 -EMPLOYMENT 301 302 303 304 305 306 307 308 State requirements Nepotism • . . . . . . Recruitment. . • • . Application. . . • Selection process. . . Classes of appointment Reappointments • • . . Continued employment . . . . • . . • . . . • . • . . . . . . . . . . • . • • • • • . . • . . . . • . . . . • • . • . . . . • . • . • . . . • • • . • • . . • • . . . • • . • • . . • . . . . . • . . • • • . . . • . . . . . . . . . . . • . . • • . • • . • • . • . . • • . . . • . . • . • • . . • . . . . • . • • . • • . . . • • • . . • • . MS Page 1 1 1 1 2 2 2 2 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 6 6 7 7 7 8 8 g .. MS i -Reprint 11/1/85 Table of Contents (continued) Section 309 Transfer. • • • • . . • • • . 310 Promotion • • • . . . . • • • . • • • • • 311 flemotion. . • • . . . . . • • • • . . 312 Suspension. • • • • • . . . . . 313 Reinstatement . • . • • • . • • • CHAPTER 4 -TERMINATION Cf" EMPLOYMENT 401 402 403 404 405 Resignation ••••••••••••• . . Reduction in force; lack of work or fun~s. • • • • • • • • • • • • • • • Termination; non-disciplinary action. Tennination; rlisciplinary action •• Retirement; applicable re9ulations •••• CHAPTER 5 -HOURS AND COMPENSATION 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 Compensaticn and classification plans Adninistration of classification and compensation plans • • • • • • • • • • • Merit advancement •••••••••••• Special penalty decrease •••••• Standard work periods •••••••••• Exceptions to normal working hours. Attendance •••••••••••••• Pay periods • • • • • • • • • • • • • Ov~rtime policy; definition ••••• Overtime compensation and computation • • Minilr1um call out pay ••••••••• Standby compensation. • • • • • • • • • • Overtime compensation not app1icab1e. Overtime compensation; police and fire services •••••••••••••••• Overtime; conditions of local peril or disaster •••••••••••••••• Deductions. • • • • • • • • • • • • • • • Paid holi~ays •••••••••••••• Compensation for work on paid holidays •• -MS ii - 9 9 9 9 10 11 11 11 13 13 14 14 15 15 15 16 16 16 16 17 17 17 17 18 lQ 19 19 20 Reprint 11/1/85 Tab1e of contents (continued) Sectiol" CHAPTER 6 -SICK LEAVE 601 Statement of policy. . . • . . . . . 602 El i g i bi 1 i ty . • • I • . • • 603 Accrual • . • . . . . • • . . . . 604 Accumulation • . . . . . . . . . . . 605 Use. . . . . • . • • . . . . . • . 606 Depletion of sfck leave benefits . . 607 Personal business leave chargeable to sick 1 eave. . . . . . . . . 608 Forfeiture upon tenninatfon. . . . • 609 Payment for accumulated sick leave • CHAPTER 7 -VACATION LEAVE 701 El igfbfl fty. . . . . . . • . . . 702 Vacation accrual • . . . . . . . . 703 Cessation of accrual • . • . . . 704 Holidays falling durfng vacation • 705 Use of vacation. . . . • . . . . . . 706 Vacatio" at tennination. . . . • . . . . . . . . . . . . . . . . . • • . . . • . . • . . MS Page 22 22 22 22 22 23 24 24 24 25 25 27 27 27 28 707 Vacation benefits for deceased employee •• 28 708 Effect of extended military 1eave. . . • . 28 CHAPTER 8 -OTHER LEAVES OF ABSENCE 801 Leave of absence without pay . . . . . . • 29 802 Absence without leave. • . . . . . . . 30 803 leave of absence; death in iimiediate fal'lil y. • • . . • . . . • • . . . . . 30 804 Leave of absence; death outside the immediate family. • . . . . . . . . • 30 805 Military leave of absence. • • • . . . • . 30 806 Employee's time off to vote. . . • . • . . 30 807 Jury duty; leave of absence. .. . . . . . . 31 808 leave of absence wf th pay. . . . . . . 31 809 Educational 1 eave of absence with pay. . . 31 810 Subpoenas; leave of absence. . • CHAPTER 9 -PROBATIONARY STATUS 901 902 Probat~onary period ••••••• Objective of probationary pedod -MS iii - . . . 31 . . . . . 32 32 Reprint 1 l /1/85 Table of Contents (eontfnued) Sectf on MS Page 903 904 Employee perfonnance reports. Rejection of probationer ••• . . . • • • • 32 . . . • • • • 32 CHAPTER 10 -DISCIPLINARY ACTION 1001 1002 1003 1004 Disciplinary action; definition • • • • 33 Causes for dhciplinary action. • • • • 33 Persons by whan disciplinary action may be taken; notice; service; contents. • • • 34 Right of appeal; fonn • • • • • • • • • 35 CHAPTER 11 -GRIEVANCE PROCEDURE 1101 1102 1103 Definition •••••••••••••• Conduct of grievance procedure. Grievance procedure • • • • • • • CHAPTER 12 -EMPLOYER AND EMPLOYEE RELAT!OHS ANO EMPLOYEE REPRESENTATIVES J.201 Right to join or abstain. • • . . • • 1202 Right to choose representation. . . . 1203 Definitions •• . . . . . . • . . . . • • • 36 36 . . . 37 • • . 39 . 39 . . . 39 1204 Registration of employee organizations. 41 1205 Representation of units •• • . . . 1206 Recognized employee organizations • 1207 Rights. obligations and limitations 1208 Impasse procedures. • . . . • . . . CHAPTER 13 -MISCELLANEOUS 1301 Gratuities. . . . . . . • . . • 1302 Outside employment. . • . • • . 1303 Uniform allowance • . • . . . . . 1304 Pol f tical activity. . • . . • . 1305 Con fl f cts of f nterest • • . . . -MS iv - . . . . . • . . . . . . . . . . • 42 • • 44 46 49 50 . . 50 50 • . 51 . • 51 Reprint 11/1/85 Table of Contents (continued) Section CHAPTER 14 -MEMORANDUM OF KlREEMENT LOCAL 715, SEIU 1401 Memora~dum of agreement incorporated by reference • • • • • • • • • • • • • • • 52 CHAPTER 15 -MEMORANDUM OF UNDERSTANDIM"i 1501 LOCAL 1319, INTERNATIONAL AS'.:iOCIATIOrJ OF FIRE FIGHTERS Memorandl.ITI of agreement incorporated by reference • • • • • • • • • • • • • • • 53 CHAPTER 16 -MEMORANDUM Cf" AGREEMENT 1601 PALO ALTO PEACE OFFICERS' ASSOCIATION Hemorand1.r.1 of agreement incorporated by reference • • • • • • • • • • • • • • • 54 -MS v - Reprint 11/1/85 Sections: 101 102 103 104 105 106 107 108 CHAPTER 1 GENERAL Adoption of rules and regulations Powers of th~ city manager Administration of the merit system Purpo\e and policy Perso~nel policy Merit system application; exceptions Employment constitutes acceptance of rules Conflict with charter 101. Adoption of rules and regulations. The following rules ind regulations have been appro~ed by the ~ity Council by reso- 1 ution pursuant to the authority granted fn Article III, Section 18 of the Charter of the City of Palo Alto and Section 2.36.010 of the Palo Alto Municipal Code in order to establish an equfta~le and unf form procedure for dealfng with personnel matters, and to place municipal employment on a merit basis so that the most qual iffed available people may be brought into the municipal service. 102. Powers of the citt manager. In accordance with the pro- visions of section 6{c of Artfcle IV of the Charter of the City of Palo Al to. and e)l.cept as provided in Chapter 2 .08 of the Palo Altn Municipal Code. the power to appoint all officers, heads of departments and employees of all city departments, and to remove the same for cause, LACK OF WORK OR LACK Of FUNDS, and the general control and supervision over the same is vested exclusively f n the city manager.. subject to these rules and regulations. The city manager may de1egate to department heads the authorit~ to a~of nt persons to the municipal services ABOVE DESIGNIEU PO RS AND AUTHORITIES To BE EXE~ClSEO WITHIN THEIR DEPARTMENTS. 1Cl3. Adminfstration of the merit system. The merit system established by the City Council under the provisions of Sect1on 2.36.010 of the Palo Al to Municipal Code and these rules and regulations shall be administered by the city manager. 104. Purpose and policy. The objective of these rules and regulatlons is to facilitate effectfve and economical services to the public and to provide for a fair and equitable system of personnel management f n the municipal service. These rules set forth in detail those procedures which fnsu~e similar treatment fo~ employees, and define the obligations, rights, privileges, benefits and prohfb1t1ons placed upon all employees in the servfce of thf s c1ty. -MS 1- 105. Personnel policy. It is hereby the declared personnel poTicy of the City of'Palo Alto that: (a) Employment and pranotion by the City of Palo Al to shal 1 be based on merit and fitness, free of personal and politic al consi dera•1ons 1 and in no wa.v shall NOT be affected or influenced by race, religious creed, color. national origfn, ancestry, AGE AND PHYSICAL HANDICAP AS PROTtCTEO BY LAI-'. or sex unless sex is a bona fide occupational qualification. (b) The California Fair Employment Practices AND HOUSING Act shall govern all city employment practice. (cl Tenure of eMployees covered by these rules shal 1 be sub.iect to good behavior, satisfactory wor~ ~rfomance, necessity for tne performa'lce of work anrt the availability of funds. 106. Merit system application; excettions. Ttie rrerit system iiid these rules and regulations shal apply to all offices, positions and employments fn the service of the city except: (a) (b) (c) ( d} elective offices; positi01ns on appointive boards. camr1issions, and comrni ttees; persons under contract to supply expert, professional or technical services; and volunteer personnel who receive no canpensa- tion from the city. NOTWITHSTANDING THE ABOVE, CHAPTERS 9, 10 and l 1 of THESE RULES ANO REGULATimts SliALL NOT APPLY TO COUNCIL-APPOINTED OFFICERS. 107. Emplo>":lent constitutes acceptance of ruleso In accepting employment W1 th the Chy of Palo Al to. each ernpl oyee agrees to be governed by and to comply with the l'lerH system rules and regulations, administrative rules and procedures established by the city mana~er pursuant thereto and rules, re~ulations ancf directives of the department in ~ich he OR SHE 1s employed. 108. Conflict with charter. None of the merit s_vstem rules 'iii'a' regulations, adPlinistrative rules and procedures estab- lf shed by the cf ty manager or departmental rules, regulations or directives shall conflict with nor supersecle any provisions of the charter of the City of Pa 1 o A 1 to, and in the event of any conflict it shall be resolved in favor of the charter. -MS 2- Sections: 201 202 203 204 ~05 206 207 208 209 210 211 212 213 214 215 CHAPTER 2 DEFINITIONS Definitfons generally Appointing authority Classification plan Continuous service Discharge Disciplinary probation Demotion Interrupted service Pay status Promotion Salary range Salary schedule Suspension Sworn personnel Termination 201. Definitions generally. for the purpose of these rules and regulations. unless it is plainly evident from the context that a different meanf ng is intended, certctin terms used herein shall have the definitions ascribed to them 1n this chapter. 202. ~ointing authority. The term "appointing authority" Sfiill mean the city manager. The cfty manager may delegate his ower to a oint ana remove em lo ees for cause to an or all eBartment ea s. lJ L ' L-~ u • CO NCIL-APPOINTED OFFICERS FOR EMPLOYEES UNDER THEIR DIRECTION ANO THE CITY MANAGER FOR ALL OTHER EMPLOYEES. TH£ CITY MANAGER MAY DELEGATE APPOINTING AUTHORITY TO OEPARTMENT HEADS RELATING TO TrlEIR RESPECTIVE DEPARTMENTS. . 2~3. Classification glan. The term •classification planN Sfii11 mean a list of t1 tl es of the cl asses of all regular Af~D HOURLY and part time positions fn the municipal service and a written specificatfon def;ning each class. The class specifi- cation shall include a su1m1ary statement of dut;es and respon- sibilities, and minimom or desirable qualifications for appointment and may include such other pertinent ;nformation as the direttor of personnel services •ay deem desirable. 204. Continuous service. The term •continuous service• shall iiin employment on a regular or part time basis which is not interrupted by (1) tennfnation, or (2) leaves of absence with- out pay for a per1 od 1 n excess of one year, other than FOR mil fary leave. -MS 3- 205. Oischarr· The term "discharge" shal 1 mean disciplinary tennination ,OT INCLUOI~ TERMINATION DUR I~ ORIGINAL APPO ttH- MENT PROBATIONARY ST~TUS. 206. Disciplinary probation. The tenn 11 dfsciplinary proba- tion" shall mean a fonn of di sci pl fnary actir.n, as di stil'l- gui shed from probation for new employees as set fortt't in Section 901, for a specified period of time not to exceed one year. Persons placed on disciplinary probation may be tenr.i- nated for failure to 111eet requirements. 207. Oenotio11. The term •demotion" shal 1 mean the movement of an-employee 'ror.i one class to another class having a lower maximum rate of pay. 208. Non-~l status. The term •non-pay status• shall mean the period in1ch an employee is not at work and has been grantee! a leave of absence without pay. 209. Pay status. The tenn "pay status" shall mean the period Tii""""which an employee fs at \llOrk, on vacation, sick leave, can- pensation leave as the result of an industrial accident~ leave with full pay in lieu of terriparary disabiiity benefits. c00tpen- satory tfme off, paid temporary military leave of absence, or on an approved leave of absence with pay. 210. Promotion. The term "promotion" shall mean the r.nvernent O'r"an emplcyee frOfr'I one class to another class havinq a higher maximum rate of pay. 211. Salary range. The term "sal~ry range• shall mean a series cf progressive salary steps havinq a ·minimlJTI and maxi- mum. 212. Salary schedule. The term •salary scheduleu shall 111ean a schedule of salaries SALARY STEPS assigned to speci fie posi- tions in the m1..-icipa1 service. !14. Shi ft personnel. The term us hi ft personnel w shall fl'lean ~rsonnel of the Fire Depar'brient whose duty assignment is Tor Wenty-four consecutive hours with the following twenty-four or more hours being sch~duled for off duty before another assignment is conmenced. -MS 4- 213. Suspension. The term "suspension• shall mean the tempo- rary removal of an employee from a pay status for reasons of pending disciplinary action, for d1sc;plfnary action, for dis- ciplinary reasons. or for other just cause. 214. Sworn rersonnel. The term •sworn µersonnel M shal 1 mean 'POTice Serv ce personnel authorized to carry out police powers. 215. Tenn1natf on. The term •termination" shall mean the sep- aration of an employee from municipal service. Terminatf on may be by death, discharge, lay off, resignation, retirement, work completion, lack of work or funds, or for non-disciplinary reasons as specified in Sectfon 403. -MS 5- Sections: 301 302 303 304 305 306 307 308 309 310 311 312 313 CHAPTER 3 DIPLOYMEllT State requirf!fl1ents Nepotism Recruitment Application Selection process Classes of appointment Reappointments Continued enployment Transfer Promotion Demotion Suspension Re 1 ns ta temen t 301. State re%uirements. fmployment is open t.o qualified fllen ana women PERS NS Wf\o meet requ1 rements for public emp1 oyrnent as provided by the laws of the State of California. 302. NEPOTISM. (a) NOTWITHSTANOIN:i SECTION 301, NO MEMBER 'OrlHE IMREDIATE FAMILY CF AN ACTIVE COUNCIL KMBER OR A DESIGNATED EMPLOYEE MAY BECOME A~ EMPLOYEE DURitli THE TERM CF THAT COUNCIL MEMBER OR THE PERIOD CF EMPLOYMENT CJ' THE DESIGNATED ~PLOYEE. THIS SECTION DOES NOT APPLY TO TWO MEMBERS <f' AN IMMEDIATE FNHLY WHO ARE AUTHORIZED TO SHARE A SIN'.iLE PCSITION. (b) NOTWITHSTAHDitG SECTION 301, THE SPOUSE OF A CITY EMPLOYEE MAY MOT RECOME AN EMPLOYEE WITHIN THE SAME 0 IV IS ION (OR THE SAME DEPARTMENT, IF THE DEPARTMENT DOES NOT CONTAIN DIVISIONS) AS THAT CITY EMPLOYEE. IF THE DIRECTOR Cf PERSONNEL DETERMINES THAT• FOR RllSINESS REASONS rF SUPERVISION, SAFETY, SECURITY OR MORALE, THE WOP.K Of SUCH EMPLOYEES INVOLVES POTENTIAL CONFLICTS CF INTEREST OR OTHER HAZARDS GREATER FO~ MARRIED COUPLES THAN FOR OTHER PERSONS. { c) NOTWITHSTA~Oit«2 SECTION 301, A PARENT, SIBLJN; OR CHILD (MOT INCLUDIN> IN-LAWS OR ·srEP" RELATIVES) OF A CITY EMPLOYEE MAY NOT BECOME AN EMPLOYEE WITHIN THE SN1E DIVISION (OR THE SAHE DEPARlMENT, IF THE DEPAR'TMENT DOES NOT CONTAIN DIVISIONS} AS THAT CITY D4PLOYEE. THIS SURSECTJON DOES NOT APPLY TO lWO SUCH RELATIVES WHO ARE Al.ITHORIZEO TO SHARE A SltGLE POSITION. {d) FOR PURPOSES Cf' THIS SECTION, THE FOLLOW!~ DEFINITIONS ARE IN EFFECT: -MS 6- {1 ) • IMMEDIATE F,,., IL r MEANS THE s>ous F:, PARENT, SIBLit'1 OR CHILD CF THE D1PLOYEE AND OOES NOT INCLUDE IN-LAWS OR "STEP" RELATIVES. (2) "EMPLOYEE" MEAJIS AN INDIVIDUAL HIRED FOR HOURLY, REGULAR FULL-TIME, REGULAR PART-TIME OR cnNTRACT EMPLOYMENT OR AN INDIVIDUAL SF.RYIMi AS A MEMBER (1:" A CITY BOARD OR COMMISSION. (3) "DESIGNATEn EMPLOYEE" MEANS AN EMPLOYEE WHO IS A COUUCIL-APPOINTEO CfFICER, ASSISTANT CITY MAI-JAGER, THE DIRECTOR lF A DEPARlMENT, OR AN EMPLOYEE ~ THE PEPSONNEL DEPAR'Tlt1ENT. IT IS HEREBY DETERMINF.O THAT, FOR BUSINESS REASONS OF SUPERVISION, SAFETY, SECURITY AND MO~ALE 1 A "4EMBER (J" THE IMMEDIATE F"'4ILY Cf SUC!-f A DESIGNATEO EMPLOYEE MAY NOT RE EMPLOYED WITHI~ THE CITY. (4) "DIVISION" MEANS A DIVISION SPECIFIED IN CHAPTER 2.08 OF THE PALO ALTO MUNICIPAL CODE. (5} "DEPARlMENT" MEANS A OEPARTMENT SPECIFIED IN CHAPTER 2.08 <F THE PALO ALTO MUNICIPAL CODE. 303. Recruitment. Recrui tmer.t for ~ual Hied applicants wf 11 ~a continuing ~rocess fn order that, where possible, the cit~ will have avai able awilfcatfons of interested, qualifie persons for possible em~ oyment CtiNOOcTED As NEEOEO. NOtfces of employment opportun ties may be placed fn newspapers, 111gazines. announcenients. or given t.o reputable a~encies offering those services -"ich ft is felt wf 11 bring response from qua 1 i fi ed persons. 304. Ap~licatfon. All candidates for employment shall file a ffiy of al o Al to app11cati on fonn wf th the personnel division DEPARlMENT. 305. Selection process. The selection process may consist of such recognized techniques as achievement tests. aptitude SKILL tests, evaluation of ability, personality and background through personal fntervfews, perfonnance tests, evaluation of work performance. wrk samples, physical agility PERFORMANCE tests, review and investigation of personal backqround an~ references., medical examinations, or any coinbfnation thereof, and fn no Nay shall be affected or influenced by race. religious creed. color. n1tfon11 oriqin, ancestr.v, or sex unless sex fs a bo"a fide occupational qualf fication. In the event w-1tten exninations are given. a candidate shal 1 have the right to inspect his OR HER own examination paper~ Written examfnatfons are only qualifying in n3ture triless otherwise specified. ·MS 7- Selection techniques will be impartial and shall relate to those areas which, in the O~infon Of the aerofnting authOY"f~ AS DETERMINED BY THE PERSONN l DEPAR'TMENT, 11 adequately a fafrly indfcate the relative abi1 ity and quality of candidates under consideration to execute the duties and responsibilities of the P')Sition to which they seek to be appointed. At cooipl et ion of the sel ectfon process, the aooointino autho- rity shall make appointments SELECTION(S) FOR APPOIN'flol!ENT fran those candidates Who are most qual Hied for the position under consideration and shall notify the personne1 division DEPARTMENT fml!'ledi a tel y of the appointment SUCH SELECTION. THE PERSONNEL DEPARTMENT SHALL"""'PREPARE All OFFERS OF EMPLOYMENT AND the appointment shall become effective when the selected applf- cant{S} has signed all official papers required by the city, and those papers bear the appropriate signatures confinning the appointment. 306. Classes of appointment. fmployment in the municipal service is divided into the fol lowing classes: -(a) R~u1ar. Appoint.J'lent on a full-tftne OR PART TIME basis in an aut rized position. Persons appointed to the 2osit;ons of citt attorney, cit~ clerk, cEy controller, and cit~ manager sha 1 be cons 1 dere as regular arwoin tmen ts an Cf s~a l be subject to al 1 of the provisions of t ese rules ana regulations exce~t chapters 9. 10 and 11. PART TIME MEANS 4o To 79 HOURS PER Av PERIOD. FU[[ TIME MEANS 80 OR K>RE HOURS PER PAY PERIOD. (b) Part-time. Appointment on a part-time basis in an authorized posit,on. (c) S(!eCf al. Appointment to position for a period not exceeOinQ one year. a -temoorary (b) Casual. HOURLY. Appointment on an "as needed" basis for 11«.lrk Which is anti cf pated to be of a tempo- rary or intennittent nature either on a ful1-ti~e or part-tirte LESS basis. The status AND TERM of those employees in this employment class shall be reviewed after six months to determine whether or not continuatfon of emplo,Yl'lent is d~sired "C'ONFORM WITH PROV IS IONS CJ' THE COHP£~JSATION PLAN FOR HOURLY EMPLOYEES. l.QZ_. Rea~pointments. Reappointment after termination wil 1 be consfdere as new employment. -HS 8- 308. Continued ;i,loyment. Continued emp1oyment of employees Wfth t~e Cfty o el o Al to COVERED BY THESE RULES sha11 be sUbJect to good behavior PEMOVAL FOR CAUSE, satisfactory ~rk perfonnance, necessity for the perfo"1ance of \rlOrlc and the ava11ab11fty of funds. 309. Transfer. Any employee may be transferred fror.1 one departntent or df vf sfon to another. 310. PrOfltOtion. Because it is the polic.v of the City of Palo "XTto to encourage the advancement of personnel wi thf n the organization, promotion sel ectfon for vacancies wfl 1 be con· ducted as the needs of the city require. Promotional oppor- tunities in whfch interdepartmental transfers ~re possible will be posted on bu11etfn boards selected by the personnel rlivfsion DEPARll1ENT at least five ti«>rking days before the selection is 11ade. Promotional examf nations ANO/OR INTERVIEWS may be con- ducted as the need arises. 311. Demotion. The appointing authority may demote an employee Jiose ability to per~onn his required duties falls below acceptable standards, wheu the need for a position which an employee fills no longer exists, or when an enployee requests such a demotion. No emp1 oyee shal 1 be demoted to t. cl assi ff cation for lllhic'h he/SHE does not possess the mi nfmUr.1 qua1ffications. When the action is inftiated by the appointing authority, written not1ce of demotion shall be give" an employee at least ffve da.vs before the effective date of the detrtotion. An empl cyee mc.1 appeal such actf on in the manner provided fn Section 1004, et seq. PROCEDURES FOR IMPOSIN; DEMOTION SHALL COMPLY WITH All LEGAL REQUIREMENTS. 312. Su~ensfon. (a) By city manager. The city manaaer WOIHTI AUTHORITY may susperid an enp1 oyee ..,Cler hi srrn control from hfs posi tfon at any time for reasons of pending disciplinary action, fOr dfsc1p1inary reasons set forth in Section 1002, or for other just cause, including but not limf ted to inefficiency, 1ncanpetency. physical dfsabili ty or mental incapacity. Written notice of suspension shall be given an TO THE employee within a reasonable ~riod of tfme after such nt1ce AUD SHALL COMPLY" WITH All LEGAL EOLIIREMENTS. (bl B de artment head. De artment heads may susJJ!nd an emp o~ee or reasons as s a e n a a ove or no 110re tfian threeays at any one time Without thi a~proval of the cfty inana~er. lJritten notfce of suspension sha1 be given en employee w thfo a reasonable period after such action. Ari employee may appeal such action fn the manner provided in Section 1004 et seq. ...MS 9- 313. Reinstatement. The city manager A SUSPENOEO EMPLOYEE may Ir reinstated any suspended employee for oood cause, and may upon such refnstitem!nt RE compensaterl, in whole or in part, such employee for the time lost. -MS 10- Sectf ons: 401 402 403 404 405 CHAPTER 4 TERMINATION Of EMPLOYMENT Res1 ~nation Reduction f n force; 1 ack of \«>rk or fun~s Tennfnation; non-disciplinary action Tennfnation; disciplinary action Retirement; applicable regulations 401. Resignation. An employee wishing to leave the service of tlle" city on TIJ good standing either by resiqnation or retire- ment sha 11 give the department concerned at lea st two "Eeks notice. Employees !"fving such notfce wfll be allowed to rernafn on pay status fur at least two ~elcs, prov'fcterl that merit system and department rules and regulations are observed. 402. Temination REDUCTION IN FORCE; lack of work or funds. Ailernployee may be tenninatet:I LAID OFF by the appainting autM- rfty because of changes in dUtfes or organization, abolition of position, shortage of wrk, or funds, or completion of ~rk, for which employment was Ntle. If the wrtc force is reduced in a department for any of these reasons, those employees retained must be fully qual i f'led, trained, anct capable to perfom remaining ~rk.. So lonp as this basic requirement is !!'et, early employment date wf?l be consf <fered f n retainin9 employees. In cases involving regular or oart-tfme appointments only, notice of termination LAYOFF W111 6e iriven to the employee at letst two ~eks prfor to the effective date of tennination THE LAY OFF.. ANY ACTION UNDER THIS SECTION SHALL NOT ft£ DEEMED TO BE DISCIPLINARY ACTION. 403. Temfnatfon; non-disciplinary action. Ca) An 8'1ployee may be terminated by tfie appofnt1n9 authOdty at any time, for cause or for the convenience of the city. Such cause shall be other tfian cause for disd~Hnary action, and shaTT fncTuae but not be limited to foef idencri' incofllifrtency' rhsical aisabi1i~ or mental incapacity INAR l11Y To ~FORM TAUT!ES OF THE P SITION. Regular and J)!rt time employees shall be given a written statement of t~e reasons for such temination and 11ay appeal such action fn the manner provided fn Chapter 11 SECTION 1004. -MS 11- (b) IF NlY EMPLOYEE AND A COUNCIL MEMBER OR A DESIGNATED EMPLOYEE BECOME MEMBERS Of THE SAME IMMEDIATE FAMILY (THROlGH MAP.RIAGE OR ADOPTION), OR IF A MEMBER CF AN EMPLOYEE'S IMMEDIATE FNo1Ii.Y IS ELECTED TO THE CITY COUNCIL OR BECOMES A DESIGNATED EMPLOYEE, ONE OF THE PERSOt-t'S MUST LEAVE CITY EMPLOYMENT OR ELECTIVE CFFICE. IF THE lWO PERSONS HAVE NOT MADE A CHOICE WITHIN 30 DAYS OF THE ESTABLI~lf4ENT OF THE FAMILY RELATIONSHIP, OR THE EU:CTION TO CfFlCE 1 OR THE ASSUMPTION CF THE NEW POSITION, THE CITY MANAGEFl SHALL HAVE SOLE DISCRETION TO CHOOSE WHICH FAMILY M~BER SHALL RE TERMINATED AND SHALL TERMINATE THAT PERSON. IF THE RELATIONSHIP IS BETWEEN A COUNCIL MEMBER AND A CITY EMPLOYEEt THE EMPLOYEE SHALL RE TERMINATED. (c} IF TWO EMPLOYEES, OTHER THAN OESIGNATEO CMPLOYEES, WITHIN THE SAME DI~ISION (OR THE SAME D£PAR'"'1ENT, IF THE OEPARTI4fNT DOES NOT CONTAIN DIV JS IONS} RECOME MEMBf~S CF THE S,,_,E IMMEDIATE FAMILY (THP.OlX:iH MARRIAGE' OR N>OPTIOJJ), THE EMPLOYEES SHALL NOTIFY THE DIRECTOR OF PERSON~El SERVICFS. THE PERSONNEL DEPARTMENT SHALL MAKE A REASONABLE EFFORT TO TRANSFER ONE FAMILY MEMBER TO A DIFFERENT DIVISION (OR DEPARlMENT). IF SUCH A TRANSFER IS NOT POSSI8LE WIT~IN SIX MONTHS CF THE ESTABLISHMENT OF THE FN1ILY RELATIONSHIP• THE PERSO~JNEL DEPARTMENT ~~LL NOTIFY THE J.1PLOY£ES IN WRITiti;. WITHIN 30 DAYS CF SUCH NOTif'ICATION. THE lWO PEP.SONS INVOLVED SHALL CHOOS£ WHICH PERSON SHALL LEAVE :nv EMPLOYMENT. IF A CHOICE IS NOT MADE WITHI~ THAT TIME, THE CITY MANAGER SHALL HAVE SOLE DISCRETION TO CHOOSE WHICH FA"IILY MEMBER SHALL BE TERMINATED AND SHALL TERMINATE THAT PERSON. IF THE nm EMPLOYEES BECOME SPOUSES, THE PERSONNEL DEPARTMENT SHALL NOT ATTEMPT TO TRAflSFER OR TERMINATE ONE CF THE 9"PLOYEES UNLESS IT DETERMINES THAT, FOR BUSINESS REASONS OF SUPERVISION, SAFETY, SECURITY OR MORALE, THE WORK OF SUCH EMPLOYEES INVOLVES POTENTIAL CONFLICTS OF INTEREST OR OTHER HAZAROS GREATER FOR MARRIEO COUPLES THAN FOR OTHER PERSONS. NOTWITHSTANDINi THIS SECTION, NO EMPLOYEES IN THE SAME IMMEDIATE F-.IL Y SHALL PE REOUIREO TO TRAflSF£R DIVISIONS (OR DEPARTMENTS) OR LEAVE CITY EMPLOYMENT FOR THE REASON OF THEIR RELATIONSHIP IF THEY WERE HIRED ~EFORr THE DATE THIS RESOLUTION WAS PASSED. ( d) REGULAR ANO PART-TIME EMPLOYEES SHALL BE GIVEN A WR ITT EN STATEMENT CF THE REASONS FOR SUCH TERM INA TI ON AHO MAY APPEAL SUCH ACTION IN THE MANNER PROVIDED IN CHAPTER 11. (e) FOR PURPOSES CJ" ~IBSECTIONS (b) ANO (c) OF THIS SECTION, THE DEFINITIONS CONTAINED IN SECTION 302(c) OF THESE MERIT SYSTEM RULES AND REGULATIONS ARE I~ EFFECT • .. MS 12- ~----------------------~-------------, 404. Termination; term1 na e a any me as Chapter 10 of these rules. 405. Retirement; a~p11cable regulations. Retirement from the iiinfcfpal service s all. eKcept as otherwfse provided in these regulations. be subject to the terms and conditf ons of the city's contract with the Public Employees' Retirement System. 406. Retirement; miscel 1 aneous emplafles. All empl o~ees who are classified as wMiscellaneous Me ers" by the Ca Hornia Public Employees' Retirement System shall be governed by the following retirement policy: (a) Employees attaining the age 1Jf sixty-fi..!! shall retire from the municipal service. (b) The city ~ana~er, when he deems it to be in the best interest of the mun1cf pa1 servicet ~ retain i iiifScellaneous employee who has attained the age 0 sixtr-ffve; however. such emp1oxee may not be retained after attain ng age sixty-seven. 407. Retfrementi ~olice public safetl emplo{ees. Al 1 JJiiiartment employe s who are classi jed a *Public. Members• by the California Public Employees• Retirement shall be governed by the following retirement policx: ~olice afety System (a) Employees attaining the age of fifty-five years shall retire from the municipal service. ( b) The cit;-manager, when he/SHE deems it to be 1n the best interest of the municipal service, may retain a ubllc safet member who has attained the a e of rift -fhe yearsj however. such emp oyee may not be retaine a ter H bas attained age sixty-ffve. 408. Retirement; fire 2ublic safett employees. All fire department employees who are classi 1ed~s 1'Ublic Safety Meni>ers• by the California Public Employees' Retirement System ~hall be governed by the following retirement policy: Sections: 501 502 CHAPTER 5 HOURS ANO COMPENSATION Compensation .Pl!!!_ and classification plans Admf nf stratioflOT classification~ and compensation plans Merit advancement Special penalty decrease Standard work periods Exceptions to normal working hours Attendance Pay periods Overtime pol icy; definition O~ertime compensation and computation Minimum call out pay Standby compensation Overtime compensation not applicable 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 Overtime compensation; POLICE AND FIRE SERVICES Overtime; conditions of local peril or disaster Deductions Paid holidays Compensation for work on paid holidays 501. Compensation ~lans and classification NilanS. Compensation plans sh~ 1 provide tor salary sche ules, rates. salary ranges and steps and tf me intervals for revf efl. The salary salary Each position within the munfcipal service sha11 be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each cl ass shal 1 be assigned a salary range. CONTROL POINT, or a rate established in the compensation phn. All persons entering the municipal service shall be compensated in accordance with the APPROPRIATE compensation plan then f n effect. 502. Administration of classificatioulan and compensation ¥lanS. The city council shall administer the compensation plan or the city attorney, city clerk, citt controller, CITY AUUITOR and city manager. THE COUNCIL-APPO NTED OFFICERS SHALL ADMINISTER THE COMPENSATION PLANS FOR EMPLOYEES UNDER THEIR DIRECTION AND the city manager shal 1 administer the compensa- tion plans for all other employees. -HS 14- All initial employment shall be at the first step of the salary range, UNLESS A HIGHER STEP IS APPROPRIATE IN ORD£R TO OOTAIN provided that the cit¥ manager may make an appointment to a ~osition at an appropr1ate higher salary when in his opinion it s neces.sary in obtaining qualified personnel or ~en it appears that the education or e~perfence of a proposed enlployee is substantiai ly superior to the minimum requirer1ents of the class and justifies a beginning salary in excess of the first step. 503. Merit advancement. An ernpl oyee may be considered for merit salary advancement in accordance wfth the time intervals PROCEDURES established 1n the APPROPRIATE cooipensation p~ Advancement to a higher salary within a sa1 ary range may be granted for continued improvement and efficient and effective service by the employee 1n tne performance of his duties. Advancements shall be made onll uhon recomendation of the department concerned, and wit t e approval of the city mar.ager. For purposes of determining step time requirements, time ltiiTl connence on the ffrst day of the month coinciding with or foll owing entrance onto a salary step. Merit salar~ fncreases will be effective on ttie first day of the payro1 period in which the time requfrement has been met. A promoted employee may, upon deparbiiental recof!lnendation and city manager approval, retain his previous merit salary review date. 504. Special penalty decrease. The salary of any emp1oyee may De decreased at any time to a lower salary within the salary range by the APPOINTIM'i AUTHORITY city manager upon the recoi'l- rqendation of the deeartment head that IF the quantity, quality or manner of perfcnnance of services do not justify the salary being received. 505. Standard work ~riods. UNLESS OTHERWISE AUTHOr.IZEO ~y iHt CITY MANAGER OR I APPftl>PRIATE MEMORANOIJ1 CF UNOEPSTANOiti;, the standard w:>rk day for regular anp1 oyees shal 1 be eight hours and the standard lllOrk lrlleek shal 1 be forty hours to be worked within five consecutive days. except that for emgloyees assi9ned to dutv in the fire service on a shift basis the star. ard on-duti' shift shall be twenty-four consecutive hours. The standard duty week for such fire service shift personnel shall be fift -six on-dut shift hours when avera ed over a one year per o • l spec a , eart-t me, an casua emp oyees shall be such ast 1s established arid directed by the appointing authority. 506. Exceptions to normal working hours. The city manager is hereby authOrized to designate other working hours for employees in emergency situations or when the best interests of the city may be served by such readjustment of standard ~rk hours. 507. Attendance. Employees shall be in atteridance at their work or assigned duties at the time and place prescribed by the department to which they are assigned. Each department shall keep attendance WORK T!ME records of all employees and make reports of the same to the city control 1 er FINANCE DIRECTOR in the fonn and on the date he/SHE shall prescribe. 508. Pay periods. The pay period for all enpl oyees sha11 be Di="weekly. salaries will nornially be paid on the first Friday follow'ing completion of a pay period. When a holiday falls on a pay day, the pay day will be transferred to the following work day unless the controller's office FINANCE OEPARTii1ENT is able to canp1 ete the payroll by the previous t«>rkday. There will be no pa~ent of salaries to emrloyees except on re9ular paf dWts. Emp oyees l~aving the municipal service shal 1 be pa d thin seventy-two hours of the date of termination and upon written clearance of the department concerned AND THE PERSON~lEL DEPAR11'1ENT that said emr·l oyee has returned all city-owned tools and eguip!'tent PROPERTY. The method of distributing payrol 1 warrants shall be estab- 1 ished by the city manager. 509. Overtime pol icy; definition. It is the pol icy of the c'lty that overtfrne \IJOrk is to be kept to a minimum, consistent with the protection of the lives and property of the Palo Al to ~itizens and the efficient operation of the several departments and activities of the city .. and shall be authorized only under such administrative rules and procedures as the city manager may prescribe. Overtime work for all employees except as otherwise provided shall be def;ned ~s any time t«)rked beyond an eight hour day or beyond five consecutive eight hour days. Where other standard working hours are established pursuant t.o Section 506 OP. VARIOUS MEMORANDA CF UNOERSTAti!Dit.6. overtime kC>rk shal 1 be defined as any time _,rked beyond the schedul '!d STANOARO \llOrk day or beyond eighty (80) THE SCH£01JlED STANDARD WORK hours per bf-weekly pay pedOd Jlen aver;1ged over a one yeor period. Tfme lllOrked in excess of the st ndard work week HOURS because of a change in days off or-shift shall notl>'e considered as overtime. Overtime shal 1 commence at the time an an pl oyee reaches the pl ace where he/SHE is directed to report and shall continue until he/SHE is rel eased or the lliOrk is canpl eted. ~nichever is the earlier. -HS 16- 510. Ov~rtime compensation and comvutation. Compensation to employees working overtime w111 be n the form of addi ti ona1 pay at the rate of one and one·half times the employee 1 s basic hourly salary unless otherwise prov1ded in these rules, with the exception that an employee may request and upon approval be granted compensatory time off equivalent to the nunt>er of hours worked, except as provided below: Effective July 1. 1973. Management and Confidential employees may re~uest and upon asproval be granted compensatory t1me oTf egu1va ent to one an one·half times the number of hours worked. In the event compensatory tf~ off f s used as the method of compensating for overtime, the time off will be taken within the quarter f o 11 owing the quarter of the year in which the overtime has been worked. In the event the employee is denied this prov1sfon. he/SHE will be compensated in pay for such time at the appropriate rate spec1ffed by these sections. Exceptions to th1s procedure may be made only upon '4r1tten authorization of the City Manager. SU. Minimum call out pay. REGULAR employees not otherwise ixcl uded from receiv1 ng overtime pay who are cal 1 ed out to perform unscheduled work shall be compensated for at least two hours• pay for each occurrence at the appropriate overtime rate. This provision does not apply to employees called out to work while earning pay for being in a standby status. 512. Standb~ comJJ.ensation. Compensation for regularly estab· Trshed on ca l ST NDBY status or special call up status shall be in an amount set forth in the compensatfon plan. 513. Overtime; elf gibilit~t" Employees who hold casual or part-time appointments wil not be e1i¥;b1e for overti~ £_omfensation, but will be compensated for a 1 work performed at the r established rate of P~· Under conditions which he may cons1 der appropriate, the c ~ manager may authorize overtime compensation for employees hol ing spec;a1 appointment. 513. Overtime compensation not atcp11cable. Overtime compensa- tion provisions shall not applyo council-appointed officers, department or division heads, nor certain other pos; ti ons designated in the adminfstratf~e POLICY AND PROCEDURES manual. Such personnel are compensated on the basis of responsibilities and characteristf cs of dutf es performed and are cons1 dered to work the minimum established STANDARD work week. ln the event department or division operations require extraordinary work assignments for an einpl oyee so designated, he/SHE may be -MS 17- authorized tfme off with pay _!?t_ THE department head. ACCORDING TO PROCEDURES SET FORTH IN TRr POLICY AND PROCEDURES MAIWAL. not exceeding two working days f n any one pa~ period. ~ompensatory tf me off in excess of two days un er these circumstances must 6e authorized and approvt!d in advance in wr1tinj by the citj manager. 514. Overtfme c[!tensatton exception; police ANO FIRE services. OVER11M Oi'tP£NSATldN PROVISIONS FOR POLICE AND-rl1ft REPRESENTATION UNITS ARE INCLUDED rn APPROPRIATE MEMORANDA OF UNDERSTANDING AND/OR COMPENSATION PLANS. An" sworn pol ice ~ersonnel appearing 1n court for the People uring off duty ours shall receive compensation at the rate set forth fn tne compensation plan. An' sworn police personnel subpoenaed to appear f n court ~hall e compensated in accordance with State law. 516. Overtfme c°itensation exception fire servfce. Overtime compensation for t e fire service shall be paid as follows. except as otherwise provided in these rules: (a) Shift ~ersonnel assigned to relief duty in addition t~ a regular sh ft schedule shall receive overtime compensation on the following basis: One and one-half times the employee's basic hourl~ salary for the first twelve hours worke • The remaining hours of the shift will be compensated at the emp 1 oyee' s basic hourly salary. (b) Shift personnel called and ordered to report for fire emergency duty durfng off duty time shall be com~ensated at the rate of one and one-half times the emp o~ee's basic hourly salary computed on a forty hour ~er weekasis. or compensotory time off equivalent to the overt me hours worked. (c) Shift personnel actively engaged in fire fighting oferations when a scheduled change in shift occurs s'ia11 rece ve a compensation for dUty performed in excess of ronnal duty schedule when such dut~ is fn excess of one 7~ontinuous hour after the nonnal ""u~ schedule has been c~'fllpleted. If such an occasion arisest a T cont1nuous overtime Cij·-·. after the one hour erfod shall be com ensated as rov;ded Y. paragrap -MS 18- 515. Overtime; conditions of local ril or disaster. In case ~disaster, sta o extreme emergency or oca peril, or in other special and abnormal situations, the overtime procedures herein established may be modified by the city manager and compensation procedures will be determined at that time for such conditions. 516. Deductions. Deductions from employee's pay shall be made Tri accordance with prevailing laws. contracts and administrative rules and procedures established by the city manager. 517. Paid holfda~s. (a) Re9ular holidays for eay eurposes. The following h01 i ays are recognized as munktpal hOhdays for pay purposes, and regular, _part-time and special 9'lployees shall have these days off with pay= except as otherwise provided in these rules: January 1 Third Monday in February La st ft>nday in May July 4th First Monday in September September 9 Second Monday in October Fourth Monda~ in October VETER~NS' DA • WOVEMBER 11 T~anks~ivin9 Day Day after Thanksgiving Day llecember 25 EITHER DECEMBER 24 OR DECEMBER 31 AS PROVIDED BELOW EMPLOYEES SHALL BE EXCUSED WITH PAY FOR THE FULL WORK SHIFT ON EITHER DECEMBER 24 OR DECEMBER 31, PROVIDED THAT CITY FACILITIES REMAIN OPEU WITH REDUCED STAFFI'I; LEVELS AS DETERMINED BY THE VARIOUS DEPARTMENTS. NEITHER DAY SHALL BE CONSIDERED A HOLIDAY FOR PURPOSES (F PREM I~ PAY. EMPLOYEES WHO ARE NOT EXCUSED PURSUANT TO THIS PROVISION SHALL HAVE ONE SHIFT Cf' VACATION CREDIT ADDED TO THEIR ACCRUAL. In the event that any of the aforementioned days. EXCEPT DECEMBER 24 OR DECEMBER 31 • fa 11 on a SUnday, the fo 11 owing Monday sh~ll be considered a holiday for pay ¥urposes. In the event that any of the aforementioned Tays fal s on a Saturday, the preceding Friday sha11 be considered a ,..,, iday for pay purposes~ IF DECEMBER 24 AND 31 FALL ON SUNDAY. THE PRECEDI~ FRIDAY WILL BE DESIGNATEO FOR PURPOSES CF EXCUSED TIME CFF. EXCEPTIONS TO THIS PROVISION MAY RE AUTHORIZEO BY THE CITY MANAGER TO CONFORM TO VARIOUS MEMORANOA CF UNDERSTANDit(;. -MS 19- (bl Other special days. Whenever the mayor suspends mun;cipal business pursuant to Section 2.08.lOO(b) of the Palo Alto fi\Jnicipal Code, the cfty manager shall be authorized to excuse perso:inel "'ose dutf es penni t them to be absent, with pay. The city manager may authorize personnel who cannot be excused during such periods of suspension to be excused for an equal period on other dates convenient to the department concerened. Such period of suspension shall not be deemed a hollday for pay purposes, unless the mayor's proclamation so states. (cl Christmas Eve and New Year's Eve. The city manager is authorized to excuse personnel whose duties permit them to be absent. wf th pa~, for one-half work day on the afternoon ot December 24 or f:?cem6er 31 of eacn year. (Airiendecl #4497, August 23, 1~71) 518. Compensation for work on paid holidays. (a) Empioyees not normally requirec! to work. on ~aid holidays~ A regular, ~art-time or special enpioyee Wiose uties do not nonnally require him to work WORl<It-G on paid hol foays enumerated fn Sectior. S17(al sF.a1 f be canpensated at the rate of one and oneMhalf times his/HER basic ~alary for the hours wrked ON A PAID HOLIOAY, or shal 1 receive cC111pensatory time off at the rate of one times the hours worked, fn addition to his/HER regular salary. (b) Employees whose work schedules normally r~uire holiday work. UNLESS OTAERwtsE PROVIDED IN A M ORANDUR tFJGREEMENT, a regular, part-time or special employee "'ose duties nomally require him to WOPKIR; on paid holidays enumerated in Section 517(a) shall be canpensated for all such holidays and shall receive addHfonal ccmpensatfon equal to an addit;onal day's salary, or equivalent compensatory time off. In the event such an Emp1 oyee 1 s excused from work f n observance of the holiday. no addi tfonal CC!Tlpensation shall be given. Eirtployees on c~nsation leave, or leave of absence •;n Heu• of compensation eave. or mitftary 1 eave shall not receive any additional c<1npensation for holidays occurring during such leave. Arly enployee on leave of absence without pay shal 1 not receive any canpensation fer hol fdays occurring during such leave. (c) Casual HOURLY employees required to J!!rform work on holidays. casual HOURLY employees required vto perform work on holidays shall be canpensated at their re,ular rate of ~~ for work rierfonned IN ACCORDANCE WITH PROVI IONS Cf TRE PENSATION P AN F'OJflfOURLY EMPLOYEES. (d) Regular, part-time and s~ecial employees PAY STATUS. Regular, part-time and special emp oyees must he in a pay status on the work day preceding a holiday to be eligible to be canpensated for the holiday under Se~tion 517. {e) E111ployees assicined dats off other than Saturday or Sundaa. Ari employee Wflose _,,. schedule requires that his regularays off be other than saturday an~/or Sunday sha11Te granted an additional day off, at the convenience of the department concerned, in the event a holiday falls during his/HER regularly scheduled day off. EVERY ATTEMPT WILL BE MADE TO SCHEDULE THE DAY ON A MUTUALLY f(;REEABLE BASIS. IF THE DAY CANNOT BE SO SCHEDULEO, THE Efi1PLOYEE SHALL BE PAID FOR THE DAY AT STRAIGHT TIME BASE RATE. -MS 21- • Sections: 601 602 603 604 605 606 607 608 609 CHAPTER 6 SICIC LEAVE Statement of policy Eligibility Accrual Accumul atfon Use Depletion of sick leave benefits Personal business leave chargeable to sick leave Forfeiture upon tennination Payment for accumulated sick leave 601. StateJ11ent of ~olfcy. Sick leave shall be allowed al"ld used oiily in case o actual personal sickness or dis.ability, medical or dental treatment. or as authorized in Section 607. Up to five days sick. leave pier year 1r.ay be used for illness in the immediate famny as defined in Chapter 8. Total sick leave accrual wf 11 not change. 602. Eligibility. Re~ular and eart·time REGULAR FULL-TIHt A.HO lfnT-TIME employees shal 1 be eh gi61e to accrue and use sick. leave. 603. Accrual. Sick leave shall be accrued bi-weekly provirled the employee nas been in a pay status for 50 perc~nt or l'IOre of a bi-tr1eekly pay periott. Sick leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period for those employees Kirking a forty-hour work DUTY schedule. Those assioned Wlrk schedules which are greater or lesser than forty hciurs will accrue sick leave at the ratio of their "°rk scheriule to forty hours. Effective July 1. 1974, eligible fire suppression shift em lo ees will accrue sick leave at the rate of six shifts per , ugust 604. AcclJJ'luhtion. Accrued sick leave may be accumulated Wf'thout limit, EXCEPT AS PROVIDED IN APPROPRIATE t-EMORAHDA Cf' AGREEMENT AND EXCEPT THAT FOR MANAGEMENT ANO CONFIOENTIAL EMPLOYEES HIRED AFTER DECEMBER 1, 1983, SICK LEAVE ACCRUAL ACCUMULATION SHALL BE LIMITED TO 1,000 HOURS. 605. Use. Sick leave may be used as needed and approved, to tne poTrit of depletion, at "1ich time the employee ~ 11 no 1 onger receive pay for sick 1 eave. A new employee may, ff necessary, use up to forty-eight hours or shift equivalent of sick leave at any time during the f1 rst six mnths of employment. -MS 22- Any negative balances generated by such utnization will be charged against future accrual or deducted from final paycheck. f n the event of termination. An employee -'to has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-te"" disability group insurance coverage and accrued sick leave benefits may, at his/HER option. choose eHher to receive the long-term disability benefits or to utilize the remainder of his/HER accrued sick 1 eave prior to applying for 1 ong-term disability benefits. Sick leave will not be granted for illness occurrinq durinQ any leave of absence other than sick leave, unless the employee can de111onstrate that it was necessary for him/HER to come under the care of a doctor "'ile on such other le~ve of ahsence. When an enpl oyee finds it necessary t.o be absent for any reason, he/SHE should cause the facts to reported to the department w1 thin one hour after his/HER regular starting time on the first 'lderking day of absence, and shall regularly report on. or account in advance for each "ork day thereafter un1 ess hospital i zed or otherwise indisposed. SUCH REPORTS MAY BE SUBJECT TO WRITTEN DOCUMENTATION. Sick leave shall not be granted unless such report or advance account1ng has been made. provided. ·however. that the department head may grant exception to this ~licy where t~ circumstances warrant. 606. Depletion of sick leave benefits. Upon depletion of sick leave or the begfnn1ng of the period to be covered by payments under the long-tenn disab111ty group insurance coverage. whichever comes first. an employee may be granted a medical DISABILITY 1 eave of absence without pay for a period not exceeding sixty days. If the ernpl oyee fs unable to return to work at the end of this period. he/SHE Rlust request further medical DISABILITY 1 eave which wi 11 be subject to the approval of the city manager. If further leave is granted, the employee must notify the city of his/HER intent to return to .,rk every thirty days. If further leave is not granted, the employee's service wfth the city shall be considered tenninated. -MS 23- 607. Personal business leave char~eable to sick leave. TlepartMent heads shall have the authOr ty to arant, at their discreti\>n, the use of sick leave for personal business. This privile9e is for needs of short duration an~ durino any ca1 endar period of one year shal i not exceed ei atiteen wnnY hours. per management or confidential employee and twelve hours for 711 other employees. 608. Forfeiture upon termination. Employees leaving the municipaT service shal1 fOrfeit all accumulate~ sick leave, except as otherwise provi~ed by law and by Section 609. In the event that notice of resignation is qiven, sick leave may be used only thrOu!Jh the day which was designated as the final clay of work by such notice. 609. ~ent for accumulated sick leave. Eligible enp1 o.vees Wfi'()leave the municipal service in good standinp, or "10 die while employed in 90od stanoi ng by the city, and "'10 have fifteen or more years of continuous service shal 1 receive compensation for unused sick leave hours in a sum equa 1 to two and one-half percent of their unused sick leave houl"s multip1ied by their years of continuous service and their basic hour1y rate of pay at termination. Full sick leave accrual wi 11 be paid in the event of tenni nation cile to di sabil; ty. ~~NAGEMENT 1 CONFIDENTIAL, AND CERTAIN OTHER EMPLOYEES INDICATEO IN APPROPRIATE t-'EMORANDA ~ AGREEMENT WHO WERF. tfIRED AFTEP. OECEHBER 1, 1983. ARE NOT ELIGIBLE UNDER THIS s1:::cnm1. 610. Sick 1eave procedure. The city mana!]er shall establish controls and procedures for the administration of sfck leave use. - Sections: 701 702 703 704 705 706 707 708 CHAPTER 7 VACATION LEAVE Eligibility Vacation accrual Cessat;on of accrual Holidays falling during vacation llse of vacation Vacation at tennination Vacation benefits for deceased er.iployees Effect of extended military leave 701. Eligibility. (a) FULL-TIME REGULAR EMPLOYEES. FLILL-TIME Regular emp1oyees shal 1 be eligible for vacation leave ir. confonnance with the provisions of Section 702; {b} PART-TIME REGULAR EMPLOYEES. Part-time Regular employees shall be eligible for vacation leave in confonnance with the ·provisions of Section 702, with canpensation computed on the basis of part-time/full time ratio. (c) CASUAL AtJO SPECIAL HOURLY EMPLOYEES. Casual and Special HOURLY employees s~all not be eligible for vacation leave. 702. Vacation accrual. Vacation will be accrued Wien an employee is 1n pay status and will be credited on a bi-weekly basis. Such accrual and credit may not exceed twice THREE TIMES the annual rate of accrual. Each eligible emP1 oyee shal 1 accrue vacation at the fol lowing rate for continuous service performed in pay status: For el'lp1oyees service; two ( b} FOUR, BUT LESS THAN FOURTEEN YEA~S; For !f!IP1 oyees compl etf ng four, but not mor·e than fourteen years continuous service; three ca1enaer weeks vacation leave per year. -MS 25- (c) FOURTEEN OR MORE YEARS. calendar weeks vacation 1~ per year. M§..!NN!tl) January 1, 1973: For, emp1~ees serv1ce; our (a) Less than four years. For employees completing less than four years continuous service: two calendar weeks vacation leave per year. (b) Four, but less than nine years. For f!fllp1 oyees completing fOur, but not ioore than nine years continous service: three calendar weeks vac~tion per year. (c) Nine or rnore years. For employees completing nine or more years continuous service: four calendar weeks vacation leave per year. All eligible ffre suepression shift employees shall accrue vacation at the f1Jllowmg rate for continuous sel"vice performeCl Tn pay status: - (a) Less than four years. For employees completing less~han four years continuous service: five duty Sfiifts per year-Tor vacation leave. {b) Four, but less than fifteen years. For employees comjj'retin9 four but not more than fourteen yeas continuous service; seven and one-half duty shifts per year for Y"Ca i1 on 1 eave. {cl , Four teen or more years. For emp l oyee s com¥leting fourteen or more ~ears continuous servtce; ten duty shi ts per xear for vacation eave. EFFECTIVE BEGINNIN:l JULY 1, 1973. All eligible fire suepression shift employees shall accrue vacation at the follow1ng rate for co"tinuous service performea fn pay status: - (a) Less than four years. For employee~ comlleting les"Sthan four years continuous service! five ~uty shf ts per year for vacation leave. (b) Four but less than nine years. For employees completing four but not more than nine year~ continuous service: seven and' one-nal f dut shifts per year or vacat or. eave. -MS 26- (c) Nine or lftOre com 1 et in nineor mor~ ears conti,,uous 1972; amended #4636, August ~it }g?z).:, 703. Cessation of accrual. In the event an employee fails to Use" his/HER vacation as provided in these rules, vacation accrual beyond the 1 imi ts establ fshed in these rules shal 1 be prohibited. and no other compensation or recol]n1tion of such prohibited accrual will be made, except that the city manager may extend accrual limits "'1er. vacatfon 1s not penni tted for the convenience of the city. 704. Holidays falling during vacation. Jn the event a city hoTTday falls Within an employee's vacation period ~ich would have excused the employee from "°rk and for "'11th no other compensation is made (see Section 518), an additional "9\'.>rk day for each such holiday shall be added to tne vacation leave. 705. Use of vacation. (a) When to be taken. The time at which an employee may use his/RER accrued vacation leave and the amount to be taken at any one time shall be detennined by hf s/HER department head with partfcu1 ar regard for the needs of the cit.>·. but also insofar as possible, considering the wishes of the empl oyee. {b) Limitation on use. Employees may not use more than their annual rate of accr"ual 1n any ca1endar year period, provided 1 however, that a department head may grant exceptfons to this limitation. (c) Waiting period. Employees shall cariplete six months continuous servke before using accrued vacation leave. (d) Double compensation prohibited. Er.iployees shall not writ for the cf ty during their vacation. (e) Vacation splitting. It fs the intention of the city that vacatfon be taken in units of one ~ek; howeve·r. with approval of his/HER department head, an employee inay use one week of his/HER accrued vacation in any calendar year in units of less than one work \leek. but in no instance rn units 1 ess than one-half of the norm~! workda or shift. Re uests or e:i<cept on to th s proce ure must e approve y t e c ty manager. -'4$ 27- 706. Vacati\>n at terminatfon. Employees leaving the municipa1 service with accrued vacation leave and who give ~t 1 e!St two weeks notice of their intention to terminate shall be paid the amounts of accrued vacation to the date of termination. In special cases where two weeks notice of termination 1s n~ possible. the city manager may author he payment of accrued vacation. An employee whose service is terminated for the convenience of the city. other than as the resu1 t of disciflinary action, shall al~v be paid for this accruea vacat on. Payments for acc. uecr-vacation shal 1 be at the employee's current rate of D~J. Employees ""o terminate employment with the city and have less than six months' continuous service :.hal 1 not be caripensated for accrued vacation. 707. Vacation benefits f~r deceased e'"ployees. An enployee Who"""" is eligible for Yacation leave and Wfio di es 'illtlil e in the municipal service shal 1 have the amount of any accrued vacation paid to his/HER estate within thirty days. This £roration ACCRUED VACATION will be computed at his/HER last basic rate of pay. 708. Effect of extended military leave. An employee wtio fnterrupts h;s service because of extended military l~ave shall be compensated for accrued vacation at the time the 1 eave becomes effective. 709. Modified work week. Effective February 1974, a11 employees classed as Management and Confidential employees will received scheduled paid days off in oraer to yield a minimum of one three-cay weekend per month when integrated with recognized holidays which wfll produce three-day weekends. In the event such da s cannot be scheduled, the dty mana er may authorize equ1va ent a t1ons to vacat on accrua or eu sa ary J!!yment. Thfs section is subject to administrative rules issued by the c;ty manager. (Amended #48.iS, 8-20-730 -MS 28- Sections: 801 802 803 804 BOS 806 807 808 809 810 CHAPTER 8 OTHER LEAVES Of ABSENCE Leave of ab5er.ce without p.:::.y Absence without leave Leave of absence; death in immediate family Leave of absence; death outside the irmiediate family Military leave of absence Employee's time off to vote Jury duty; leave of absence Leave of absence with pay Educatiol'lal 1 eave of absence with pay Subpoenas; leave of absence 801. Leave of absence without pay. Leave of absence without ~may be granted in cases of emergency or where such absence would not be contrary to the best interests of the cit~. Such leave is not a right but a privilege. Employees on au fiorizea leave of absence without pay may not extend such leave w~hout express C!QProval of the city manafer. No vacation or sick leave benefits shall be used for 11 ness occurring during such leave. (a} DISARILITY. LEAVES CF ABSENCE WITHOUT PAY MAY BE GRANTED IN CASES Cf DISABILITY NOT COVERED ~y SIClc'. LEAVE. PREGNANCY WILL BE CONSIDERED AS ANY ClT~ER DISABIL !TY. LEAVES CF ABSENCE FOR DISABILITY ARE SUBJECT TO PHYSICIANS' VERIFICATION, INCLUOitli DIAGNOSIS AND MEDICAL WORK RES TR ICTI ON. (b) OTHER LEAVES. LEAVES OF ABSENCE WITHOUT PAY HAY BE GRANTED IN CASES Cf' PERSONAL EMEll1ENCY OR WHEN SUCH ABSENCES WOULD NOT BE CONTRARY TO THE BEST INTEREST Cf THE CITY. NON-DISABILITY PRENATAL ANO/OR POSTPARTUM LEAVE IS AVAILABLE UNDER THIS PROVISION, BUT SUCH LEAVE SHALL NOT BEGIN MORE THAN SIX MONTHS PRENATAL NOR EXTEND MORE THAN SIX KJNTHS POSTPARTUM. DURitli UNPAID LEAVES CF ABSENCE FOR DISABILITY OR OTHER REASO~S. THE EMPLOYEE MAY ELECT TO USE ACCRUED VACATION CREDITS. REQUESTS FOR LEAVES WITHOUT PAY SHALL NOT BE UNREASOtlABLY DENIED. IN ORDER TO AVOID MISUNDERSTANOIM;S, ALL LEAVES WITHOUT PAY MUST BE IN WRITil«l TO BE EFFECTIVE. -MS 29- Leave of absence without pay for one ~ek or less rnay be granted by the department head, depending on the merit of the individual case. Leave of absence without pay in excess of one week's du1'ation may be granted by the city manaber A COUNCTL-APPOINTED OFFICER FOR EMPLOYEES LIFJDER HIS/HER e NTROL on the merit of the case, but-such leave shal 1 not exceed twe1ve months' duration. 802. Absence wit;1out leave. Unauthorized leave of absence shall be considered to he without pay, and reductions fn the emp1 oyee' s pay shal 1 be made accordingly. Unauthorized leave of absence may resu1t in tennination of employment. 803. Leave of absence; death in iimiediate family. Leave of absence with pay of three days may be granted an ernpl oyee by the head of his/HER departrnent in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, SON-IN-LA~, dau9hter, OAlliHTER-I N-LAW, mother, mother-in-law, father, father-in-1 aw, brother, BROTHER-IN-LAW, sister. SISTER-IN-LAW, GRMIDMOTHER, GRANOMOTHER-IN-LAW, GRANDFATHER, GRANDFATHER-IN~LAW, or a clo~e relative residing in the household of the employee. Such leave sha11 be at ful 1 pay and shall not be charged against the er.iployee's accrued vacation or sick leave. Requests for leave in excess of three days shal 1 be subject to the approva1 of the cf~ mana~A COU~CIL-APPCINTED OFFICER FOR EJ'tPLOYF.ES UNDER HI /RrR CUNT'R"OL. 804. Leave of absence; death outside the illlTlediate family. leave wi thOut pay rnay be granted a FOLL-TIME regular, special p or part-time REGULAR employee by hisiHER department head in the event of death to family members other than one of the immediate family, such leave t:o be granted in accordance with Sec ti on 801. 805. Military leave of absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. 806. Employee's time off to vote. Time off with pay to vote atany general or direct primary election shall be granted as provided in the State of California Elections Code. and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. -MS 30- 807. Jury duty; leave of absence. Employees required to report for jury duty shall be granted a 1 eave of absence with pay from their assigned duties until rel eased by the court, provided the employee remits to the city all fees received for such duties other than milea~e or subsistence allowances within thirty days from the tenni nation of his/Hf.R jury service. 808. leave of absence with pay. The city manager A !OONCIL-APPOINTED CJ=FICER may grant a regular or part-time erripl oyee under his/HER control a 1 eave of absef\ce with pay for a period not exceeding thirty calendar days for reasons he/SHE deems adequate and in the best interest of the city. The city council may grant a regular or part-time employee a 1 eave of absence with pay for a period not to exceed one year for reasons the council considers adequate and in the best fnterest of the city. 809. Educational 1eave of absence with oay. Leave of absence with pay for educational ;mprovement 11\aY be qranted by the city manager in confonnance with appropriate admfnistratfve directives. August 2 , 1971) -MS 31- Sections: 901 902 903 904 CHAPTER 9 PROBATIONARY STATUS Probationary period Objective of probationary period Employee perfonnance reports Rejection of probationer 902. Objective of probationary period. The probi'ltionary perfod shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's \IKlrk, for securing the effective adjustment of a new e-npl oyee to his/HER position, and for rejecting any probationary employee whose perfonnance does not meet the acceptable standards of work. 903. EmSloiee performance reports. A report of perfonnance of each pro ationary employee shal 1 be made by the department head and shown to the probationary employee on or before ex pi ration of the probationary J)E'rfod. 904. Rejection of probationer. Durfng the probationary period 'iriiw employee my be suspended, demoted or tenninated at any time by the appointing authority without c-3use and without right of appeal or to submft a grievance. -HS 32- Sections: 1001 1002 1003 1004 CHAPTER 10 DISCIPLINARY ACTION Disciplinary action; definition Causes for disciplinary action Persons by whom disciplinary action ~ay be taken; notice; service; contents kight of appeal; fonn 1001. Disciplinary action; definition. As used in this chapter, *di sci pl inary actiona sflal 1 mean discharge. reduction fn salary, reprimand, disciplinary probation or suspension. 1002. Causes for disciplinary action. Causes for disciplinary action against any employee may fncl ude. b:.it shall not be limited to. the fo 11 owing : {a) Fraud in securing apooin1'1ent (b) Inexcusable neglect of duty (c} Violation of safety rules { d) Tardiness {e) Possession, or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during work hours. (fl Refusa1 or failure to perfonn work assiqned (g) Unauthorized soliciting on city property OR DURit«J WORKlNl HOURS (h} UnaLthorized absence {i} Conviction of a felony or convicetion of a misdemeanor involving moral turpitude (j) overstaying lunch period or relief (k} Offensive treatment of the public or other employee (1) Falsifying tfmecard (m) visobedience to proper authority {n) Misuse of city property (o) Violation of any of the provisions of these .orking ru1es and regulations or departJnenta1 rules and regul atfons (p) Falsification of city records -MS 33- (q} Refusal to take or subscribe to any oath or affirmation which fs required by law fn connectio:i with his empl oyrnent (r) Assault ~ ( s) Fighting ( t) Theft Cul Slee~ing on the Job (V) COh'FLICT CF INTEREST 1003. Perso11S by whom disciplinary actfon m~y be taken; notice; service; contents. Ariy authOrized management an pl oyee may take di scip1 inary action for cause against an anpl oyee under his/HER control. by notifying the employee of the action, Rending the service upon him of a written notice. Disciplinary action is valid on1~ if a written notice is ~erved on the employee and filed with t e personnel division not later than fifteen calendar days after the date of such action. The notice shall be served upon the employee. either personally or by mail and shall include: NOTICE CF DISCIPLINARY ACTION MUST BE IN WRITI~ AND SERVED ON THE EMPLOYEF. IN PERSON OR BY REGISTERED MAIL PRIOR TO THE DISCIPLINARY ACTim' RECOHINi EFFECTIVE. HOWEVER, IN EXTR91E SITUATIONS WHERE THERE IS REASONABLE CAUSE, THE EMPLOYEE MAY BE REMOVED FROM PAY STATUS IMMEDIATELY PEND I~ SUCH DISCIPLINARY ACTION. THE 'NOTICE MUST BE FILED ON A TlMEl Y BASIS WITH THE PERSmlNEL DEPARTMENT ANO INCLUDED rn THE EM!lLOYEE'S PE'lSQNNEL FILE. THE NOTICE OF DISCIPLINARY ACTION SHALL INCLUDE: (a) A stateMent of The SPECIFIC nature of the disciplinary action. (b) The effective date of the action. (c) A statement of the causes therefore. THE SPECIFIC REASONS FOR THE DISCIPLINARY ACTION. (d) A statement in ordinary and concise language of the act or omi ssfons upon which the causes are based. A COPY Of' ALL INFORMATION, CHARGES AND MATERIALS UPON WHICH THE ACTION IS BASED. ( e) A statement advisino the employee of his/HER right to appeal from such action. 1004. Right of a~peal ~ form. Any emp1 oyee shal 1 have the right of appealrom any d'f sc f pl f nary action taken 1mder Section 1003. Such appeal must be ffl ed and processed through the APPROPRIATE grievance procedure. specified in Chapter 11. -MS 35- Sections: 1101 1102 1103 CHAPTER 11 GRIEVANCE PROCEDURE Definition Conduct of grievance procedure Grievance procedure 1101. Definition. A grievance is an unresolved CCJTlpl a int or dispute regarding the application or interpretation of rules, regulations, policies, or procedures relating to tenns or conditions of employment, wages or fringe benefits. 1102. Conduct of grievance procedure. {a} An agqrieved employee may be represented by his/HER recognized enployee organizaiton or may represent himself/HERSELF in preparing and presenting his A grievance at any level of review. (b) The employee and his/HER representative. if any, may use a reasonai-.le amount of "9'0rk. time, as detennined by the appropriate management supervisor, in conferring about and presenting a grievance. ( c) Any retroactivi ty on monetary grievances shall be limited to the date the grievance was filed in writing except in cases where it was fmpossi6le for the employee to have had prior knowled~: of an accountin~ error OF tx:CURRENC£, EXCEPT IN NO CASE wrlL RETROACTIVITY BERANTED PRIOR TO THREE MONTHS BEFORE THE GRIEVANCE WAS FILED rn WRITitll. ( d) The time 1imi ts specified in this chapte1" may be extended by mutual agreement of the aggrf eved an pl oyee and the reviewer concerned. ( e) Should a decision not be r-endered within a stipulated time lil!lit, the a.ggrieved employee may fmmediately appeal to the next step. ( f) The grievance may be considered settled if the decision of any step is not appealed within the specified time 1imit. ( g) If appropriate. the aggrieved employee{ s) and the department head may mutually agree to waive Step I and/or Step II of the grievance procedure. 1103. Grievance prccedure. Step I. The aggrieved employee wil 1 first attempt to resolve the grievance through infonna1 discussions with his/HER immediate superv~ sor by the end of the third TENTH calendar day following the incident upon Wiich tfie grievance is based. Every attempt will be made to settle the issue at this level. Step II. If the grievance is not resolved through the informal 'discussions, the employee· wil 1 reduce the grievance to writing and submit copies t.o his/HER division head or equivalent level management employee and the director of personnel services within three TEN calendar days of the discussion with his/HER immediate supervisor. The division head shall have five TEN calendar days from the receipt of a written grievance'""fOT-eview the matter and prepar~ a written statement RESPONSE. Step II I. If the grievance is not resolved at Step II, the aggrieved employee !11(1v appeal to his/HER department head in writing within three TEN calendar days of the receipt of the division head's response. The department head shall have five TEN calendar days frOf'l the receipt of a written grievance ~view the matter and prepare a written statement. Step IV. If the grievance is not resolved in Step III, the aggrievea employee fl'lay appeal the decision of his/HER department head to the city manager in writing within three TEN calenda~ days of the receipt of the department head's response. If the employee wishes to have the grievance reviewed by a fact-finder, he/SHE must so indicate in his/HER appeal to the city manager. If the aggrieved employee elects to submit the grievance to fact-finding. the parties MAY ~REE ON A FACT-FINDER OR MAY shall mutually request a panel of five fact-finders from the American Arbitration Association STATE MEDIATION ANO ~ONCIL!ATION S!'.RVICE before the end of the fifth TENTH calendar day following the receipt of employee's appeal. Parties shall, upon the receipt of such panel from the American Arbitration Association, alternately strike "the nailles of the fact-finaers sUbmitted. The last rer1aining name not struck from the list shall be named ttte fact-finder. The fact-finder ~ha.11 determine the facts of the grievance and sli>mit TO THE CITY MANAGER AND THE IGGRIEVED EMPLOYEE a report of his/HER -MS 37,. findings along with the recommendation for settlement. within ten calendar days from his appointment to the case. Copies o""f tne fact-finding report and recol'lllendations shall be submitted to the clt,r manager and the aggrieved e~loyee. All direct costs emanating from the fact-finding proc ure sha11 be shared equally by the city and the aggrieved enployee. Upon the receipt of the employee's appeal and, if applicable. the fact-finders' conclusions and recommendations, the city manaser may elect the methods he/SHE considers appropriate to review and settle the grfevance. He/SHE shall render a Wr'itten decision to all parties directly invo'ived within fifteen calendar days after recef vi ng the employee's appeal , or if the fact-finding procedure was utilized, after receipt of the fact-finder's report. If the grievance results from disiplinary action taken against the aggrieved employee, and Steps I throu~h III of the grievance procedure have been exhausted AND THE FACT FINDING PROCEDURE HAS NOT BEEN ELECTED, the city manager shall conduct a hearing within thirty days of the receipt of the employee's appeal. or fact-finder's report if fact-finding has been requested. The city manager may continue the hearing either for the convenience of the city or upon written application of the employee for a period not to exceed an addf tional thirty days. Written notice of the time and place of the hearing, and any continuance thereof. shal 1 be given to the employee. Such hearfngs sha1l be conc!ucted in accordance with the provisions of Section 11513 of the GovernMent Code of the State of Ca 1 i forn i a, except that the employee and other persons may be examined as provided in Section 19580 of said Gover11nent Code, the P.mployee may be represented by an attorney, and the parties may submit all proper and competent evidence against or in support of the causes. The city manager shall render a written decision within fifteen days after concluding the hearing. -MS 38- Sectf ons: 1201 1202 1203 1204 1205 1206 1207 1208 CHAPTER 12 EMPLOYER AND EMPLOYEE RELATIONS ANO EMPLOYEE REPRESENTATIVES Right to join or abstain Right to choose representation Oefini tions Registration of employee organizations Representation units Recognized employee organizations Rights, obligations and limitations Impasse p~ocedures 1021. Right to jo;n or abstain. In the interest of improving the efficiency of city services and the promotion of sound personnel management, it is the purpose of this chapter to establish uni fonn procedures for employees, whether individually or in organization, to participate in the process of communication toward establishing wages, hour and other terms 19nd conditions of employment, and t.o provide the means for 511fcable discussion and adjustment of matters of mutual interest, with the intent of fostering harmonious employer-emplyee relations. 1202. Right to choose representation. Emp1 oyees of the City of Palo J;1 to, except as may be otfierwi se provided herein or by law, shall have the right to fonn, join and participate in the actfvi ties of employee organizations of their own choosing as provided in Sections 3500-3510 of the Goverment Code of the State of Cali fnrnia. Employees of the City of Palo Al to shall have the right to refuse t.o join or participate in the activities of any t'!ll'lployee organization and slia11 have the rfght to represent themselves indivfdually in their employment relations with the city. 1203. Definitions. (a) Em£1oyee. The tenn •employee" shall mean any regu1 ar ri.JLL-orPart-time employee, as defined in these ru1es and regulations. (b) Employee organization. The tem "employee organization• shal i mean any organization Wiich 1 nc1 udes employees and "1ich has as one of 1 ts primary purposes representing such employee in hfs/HER e111pl oyment relations wf th the city and ~ich has regf stered wf th the director of personnel services as provided for fn Sectfo" 1204. -MS 39- (c) Recoanfzed emtloiee organization. The tel"T'I •recognized employee organizat on shall mean an employee organization that has been regf stered pursuant to Section 1204, and has been certified pursuant to Section 1206. ( d) Scope of representation. The tem 11 scope of representation" shal 1 pertain to matters relating to "9ges, hours and other tenns and conditions of employment. (e) Management; management emfloyee. The tenns •management• or 11mana;ement en pl oyee" shal mean any city councilman MEMBER, or any enpl oyee having the authority to exercise-lndependent judgment in the interests of the city to hire. transfer, suspend, promote, discharge, assign, reward or discipline other employees, or effectively to recanmend such action. { f} Management representative. The tenn •management representative" shall mean the city manager or his/HER designated representative{s). For purposes of Section 1962 of the Labor Code of the State of California, the city ~anaqer is desi~nated as the "governing body" to whom employees of the flre departnwnt or any other department or division of the city or et'l'lployee organizations may address grievances and recommendatfons regard'lng wages, 1alaries. hours and w:>rking conditions. For the purposes of Sections 3500-3510 of the Government Code of the State of California, the city manager or hfs/HER designated representative{ s} will act to represent the city to meet and confer in good faith with representatives of employee organizations. (g} Confidential employee. The tenn •confidential e?lployeeir-sh~11 mean an employee who is privy to decisions of city management affecting employee relations. (h} Proof of emplotee approval. "Proof of employee approval" of a petitions demonstrated under this chapter by either of the fo 11 ow'f ng: (1) Signed and dated signatures on the petition. f2) Signed and dated employee organization authorization cards. -MS 40- Only signatures of employees currently employed wf th sfgnatures havirig been executed w1 thin six months prfor to the de. te of fil 'fng of the peti tfon or authorfzation card presentation. shal 1 be accepted as proof of employee approval • The total number of employees fn a proposed representation unit shall be detenn1ned by using the council-approved city budget, adjusted to reflect the positions actually occupied as of the date of the petition and excluding such classifications or individuals as may be limited from membership in the unit by the provisions of this chapter. ( f) Days. The term 11days 11 shall mean calendar days. (j) Mediation. The term •mediation• shall rwean the process by which an impartial third party assists the parties in reconciling a dispute regarding wages, hours, and other tems and conditions of employment between representatives of management and the recognized employee organization. 1204. Registration of employee organizations. (a) Application for reqistratfon. An organf zation that desires to be registered as an employee organization shall file with the director of personnel services the following documents. signed by its presidin~ officer, showing: (1) Name arid mailing address of the organization. (2) Names and titles of officers and representatives. {3} A copy of its constitution and/or by-laws which sha1 l contain a statement that the organization has as one of f ts primary purposes representing employees in their employment relations. (4) Verification of emp1oyee membership 1n the organization -mfch may be shown by signed and dated signatures on a petition or on authorization cards. (5) A statement that the organization has no restriction on membership bas~d on race, col or, creed, national origin or sex. -MS 41- (6) A designation of those persons, not exceeding three in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the organization for all purpor.es. (b) Registration. Upon receipt and verificatfon of all the infonnation requl"red by Section 1204(a)1 the director of personnel services shall, in writing, notify the organization that ft has been registered as an employee organization. A copy of ti1is notice sha1l be filed with the city mana9er 1 s office. {c) Organizational chanqes. A registered employee organization Shal 1 notify the director of personnel services of any change the organization makes in those items required by Section 1204(a}(l)1 (2) and (6) 1n writing within ten days of any such change. 1205. Representation units. (a} Appropriateness of unit. Tlie appropriateness of a representation unit shall be governed by the following factors: That it is the broadest feasible grouping based upon internal and occupational community of interest; that the history of representation is used in the detennination; that the unit does not contain classifications or individuals restricted or limited by this chapter; and that no city classification shall be in more than one representation unit. (b) Estab1 ishment. A representation unit fs established by pet~:ion of eligible etl'lployees within the proposed unit. A oetition must be accompanied by proof of employee approval equal to at least thirty percent of the eligible employees within the proposed unit. The pet1tfon shall be filed with the director of personnel services, who w111 review the appropriateness of the representation unit. He/SHE shall also give notice of the filing to the employees in the proposed unit and to any recognized employee organization that has filed a written request for such notice. A petition for the establ;shment of a representation unit may be combined with a petition that seeks to certify an employee ~rganization as a recognized employee organization. Petition for establishment of a representation unit which \ll10uld involve reconstitution KIDIFICATION of an existing unit Ny be made only during the thirty-day period between ninety and sixty days prior to the expiration date of a memorandum of understanding to which the existing unit is a party. -MS 42- {c) Challenge bto em~lotee or~anization. If an employee organization desires c al enge ne appropriateness of the proposed representation unf t and seeks to es tab 1f sh a different .:mit, it shall, within thirty days of the filing of the petf tior. it seeks to challenge, file a petition with the director of personnel services requestf ng a unit detenni nation through f~rther action. (d) Challenge by director of personnel services. If the director of personnel services decides to cha11enge the appropriateness of the proposed representation unit, he/SHE shall within thirty days of filing the original petition give notice to the petitioner concerned of such challenge. (e) Certification of unchallenged unit. If there has been no petition or notice fll ed challenging a petition to establish a representation unit wi thf n thirt.v days. the director of personnel services shall certify to the petitioner that the representation unit has been established. (f) Amendment of petitions. If a cha11enqe is 1 odged, the director of personnel services shall notify the orfgi nal petitioner in writing. If an amended petition 1s not filed within seven days of such notice, the netition ar1 challenge shall be transmitted to the State MEDIATION AND Conciliation Service as provided be1ow. Upon the filing of an emended petition, the original petition shall be deemed revoked and the amended petition shal 1 be processed as an original petition as set forth above. {g) Determination of dispute. If a challenging petition has been duly ffled, and the cha1'enge has not been resolved by amendment or withdrawal, the director of perscnnel ser~ices shall f1rst transmit the petition and challenge with a request for determination to the State MEDIATION AND Conciliation Service, which sha11 utn 1 ze its procedures to ~etenni ne the apppropri ate representation unf t or uni ts. Cin suggestion of the State fEDIATION Af.10 Conciliation Service, an alternate agency may be used. In resolving representation unit df sputes, ft f s rec!)ll'",.,T.~~ded that the St!te tEDIATION ""D Concn iatfon Service, or alternate agency, shall in each case detennine the broadest feasible grouping based upon such fact~rs as internal and occupational community of interest and the history of representation. No city cl ass1 ffcatfon shal 1 he fncl uded in more than one representation unit. The State Jol:OIATIOH AND Conc1 liatfon Service, or alternate agency,. may adopt rules governing fts process of detenninatfon and may consolidate petitions for hearing. The decision of the State MEDIATION ANO Conciliation Service, or those of an alternate agency ff used, sh!ll be transmitted to the director of personnel services and petitioner. The decision of the State MEDIATION AHO Conc1l~ation Service, or alternate agency, shall be final. ·MS 43- ( h} Profess1onal employee's ri2ht to separate unit. Professional employees shall not be denied the right to be represented separately from non-profess f on al employees by a professional employees• organization consisting of such professional employees. The tenn "professional employees11 for th purposes of thf s section shall -mean anpl oyees engaged in work requiring specialized knowledge and skills attafned through completion of a recognized course of instruction, fncl udf ng but not limited to physicians, reqi stered nurses, engineers, architects, teachers, librarians and various types of physical , chemical and biological scientists. Jn further definition, all of the following requirements are necessary in meeting the definition of professional employees; {l} His Primary duty consist of \IWOrk: (a} requiring advanced kn owl edge in a field of science or learning customarily acquired hy a prolonged course of specialized intellectual instruction and study, or {b) original and creative in character in a recognized field or artistic endeavor, and the results of which depend primarily on the invention, imagination, or talent of the employee. (2} His Work requires the consistent exercise of discretion and""'JUdgment. (3) His Work is precominantly intellectual and varied in character-;-and the output or result cannot be standardized. {4) He/SHE does not devote more than twenty percent of his/HER hours worked in a work wee" to activities not an essential part of and necessarily incident to such professional duties. 1206. Recognized employee organizations. (a) Petition. .~n employee organization that seefs certification as a recognized employee organization shall file a petition with the <iirector of personnel services. The petition shall identify the representation unit requested or established pursuant to Section 1205, tor which petitioner seeks recognition, and shall include a statement of reasons for the COf'tposftion of the unit. f ncl uding the cornmunity of interest. The petition shal 1 be accompanied by all of the documents required by Section 1204(a), fn request for r~gistratfon. -MS 44- (b) Majority and minority petitions. The dfrector of personnel services shai 1 determine the percent of proof an employee approval greater than fifty percent of the employe·es within the representation unit which shall be certified as a majority petition. A petition accompanied by proof of employee approval of between thirty and fifty percent of the employees within the representation unit sha11 be certified as a minority petition. (c} Challenqe. The director of personnel services shall give written notfce of his/HER certification of a majority or minority petition to the petitioner, to the employees involved, and to any employee organization that has filed a written request for the receipt of such notice. Another employee organizatiori may file a challenging petition seeking to become the recogn 1 zed emp 1 oyee organization wi thin the representation unit. {d) Certification without electfon. If no challenging petition is f~led against a majority petition, the director of personnel services shall certify the petitioner as the recognized employee organization of the representation unit. (e) Election -challen ed majorit petition. If a ~inority petition s 1 e aga ns a ma or1ty pet on and is accompanied by proof of enpl oyee approval equal to at least thirty percent of the employees within the representation unit, the director of personnel services shall refer the matter fn request for an election to the State MEDIATION AND Conciliation Service or their su~gested alternate. who shall call and conduct a secret ballot election pursuant to Section 1206(9}. (f) Election -minority petition. If a minority petition is filed, the di rector of personnel services shall. whether or not a challenging petition is filed. request the State K:DIATION AND Conciliation Service. or their su99ested alternate, to conduct a secret ballot election pursuant to Section 1206(g). If a challenging petition is filed against a minority petition and is accompanied by proof of mployee approval equal to at least ten ~rcent of the emp1 oyees within the representation unit, the election agency shall include the challenging employee organization on the ballot. {g) Election procedure. Whenever an election agency calls an electlon pursuant to this chapter, it shall include the choice of no organization on the ballot. Employees ent1t1 ed to vote fn a representation election shall be those employees within the representation unit whose names appeared -MS 45- on the payrol 1 immediately prior to the date of election. An employee organization shall be certified by the director of personnel services as the recognized employee organization within the representation unit if the majority of those casting valid ballots at the election chooses said organization. If an election where none of the choices receives a majority of the valid ballots cast, a runoff election shall be conducted between the two choices receiving the largest number of ballots cast. There shall be no more than one representation election 1n a twelve-month period within the same representatfon unit. (h) Decertification procedure. A decertification petition may be filed "'1th the director of personnel services by employees or an ernpl oyee organization to detenni ne wnether or not a recognized employee organization continues to reprsent a majority of the employees within the representation unit. Such petition must be accanpanied by proof of employee approval equal to at least thirty percent of the employees within the representation unit. Such a petition may be received by the di rector of personnel services only d~ring the thirty-day period between ninety and sixty days prior to the expfration date of an existing memorandum of understanding. When such a valid petition has been filed, the State MEDIATION AND Concf1ation Service, or fts suggested alternate. sha11 conduct an election to detenlli ne whether or not the fl"lcumbent recognf zed employee organization shal 1 be decertified ff a majority of those casting valid ballots vote for decertification, or in appropriate cases, if a majority vote for the petitionfog organization. In the absence of decertification, the certification of the recognized emp1 oyee organization shall continue on a year-to-year basis. 1207. Rights, cblf~atfons and limitations. (al Employee organfzatior1s. Employee organi zatfons may represent their members in emplo,Yl'lent relations only in the matters and to the extent provided by the Government Code of the State of California. · (b) Unit representatives. Upcn prior agreement with the appropriate representat;ves of manaqement, a reasonable number of employees may be designated by an employee organization to act as unit representatives. With advance permission, and conditions pennitting, unit representatives nay be given reasonable time away from their duties to act in representing an employee on matters within the scope of representatf on. Each employee organization shall provide the personnel division DIRECTOR with the namefs) of the person(s} currently autFIOrized to represent such organization. -MS 46- ( c) lim1 tat ion; management and conf1dent1 al employees. No management or confidential enpl oyee may be represented in their employment relations with the city by an employee organization which represents other types of employees. However, nothing in this chapter should be interpreted as prohibiting management and confidential employees from joining and holding office in an employee organization. (d) Rules no abrosation of rights. By the adoption of the provisions of tfns chapter, city Mana~ement shall not be deemed to abrogate its right to establf sh policy and procedure and make whatever changes it considers necessary for the good and efficient services of the cfty. The exclusive rights of city management include, b1.1t are not limited to: detennine the missions of its constituent departments, sections, groups and individuals; set standards of services; detennf ne the standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reaons; maintain the efficiency of governmental operations; determine the methods. means, time an1 personnel by which government operations are to be conducted; detennine the content of job classifications; take all necessary actions to carry out ;ts missions and exercise complete control and discretion over its organization and technology of performing its work. (e) Meet and confer in good faith. Recognized amployee organizations, only, shall have access tO the meet and confer process. Upon request. representatives of a recognized employee organization shal 1 have the right to meet and confer f n good faith with the appropriate representatives of management regarding wages, hours. and other tenns and conditions of employment. Representatives of recognized employee organizations may participate in such meetings without loss of compensation or other benefits. •Meet and confer in good faith" shall mean the mutual obligation personally to meet and confer in order to freely exchan9e infomation, op1nions and proposals and to endeavor to reach agreement on matters withfn the scope of representation. If agreement is reached by management and a recognized employee organization, or recognized 8'p1 oyee organizations, they shall jointly prepare a written meAorandum to such understanding, which sha11 not be binding. and present it to the city manager's office. -MS 47- If a memorandum of understandih~ contains an expiration date, either party to the memorandum may declare its intention to initiate meet and confer sessions with regard to revision of the 111emorandum only during a thirty-day period between ninety and sf~ty caleodar days prior to the expiration date of the memorandum of understanding. Notice of intention must be in writing and be accompanied by a written statement setting forth the revisions desired by the party serving notice. Meeting and conferring in good faith on proposed r-evisions shall begin between parties withiri a reasonable time following the filing of notice. In the event neither party declares its intention to revise the l"emorandum of understanding wf thin the specified period of time, the memorandum will be automatically renewed for one year. (f) Access of organizations to work locations. Conditions permitting. representatives of employee organizations are authorized access to cfty work locations for the purpose of conduct1 ng business wf thin the scope of representation. provided that no disrupton of work is involved; the business at hand include: direct members of the particular employee organization; the business transacterl is other than the recruiting of members or the collection of dues. Any business representative of a recognized employee organf zation may have access to cf ty t«>rk locations for purposes as indicated above, provided that he/SHE receives prior clearance from the director of personnel services or ~is/HER office before entering the work location. The director of personnel services or his/HER r!!presentatfve ma.v accompany the bu sf ness representative. Employee organizations shal 1 hold all organizational meetings at times other than during l«>rking or duty hours of those present, an~ at locations other than on city work premises. Employee organizations inay post notices on bu1 le tin boards, provided that such notices are stamped by the personnel dfvfsion DEPARTMENT before posting. The notices are restr-icted to recreatfonal and social affairs. election or appointment of officers and representatives. and notices of meetings. Requests for the posting of other material sh:.~ 1 be directed to the personnel division DIRECTOR. (g) Prohibition; recognizin2 pick~t lines. Employees shall not have the right to recogn1 ze a picket line of a labor or employee organization while in the perfonnance of their official duties. -MS 48- (h) AdoStion of rules and re~ulat1ons. Any rules and regulations a opted to further Uie a ministration of employer~emp1oyee relations and for the implementation or clarification of t~e provisions of this chapter, shall be consistent with the charter of the City of Palo Alto. the Palo Alto ttlnic1pa1 r.nriP, and with the city's merit system rules and regulations 1s established in these rules and as may be further defined by administrative directives. 1208. Impasse procedures. (a} Mutual agree11K?nt. If, after a reasonable pedoa of time. the appropriate representatfves of management and re,."'gnized employee organizatfons fail to reach agreement. UNLESS uTHERWISE PROVIDED IN THE CITY CHARTEQ, the parties together may mutually agree upon a method of resolving the dispute including, but not limited to, mediation. (b) Mediation procedure. If the parties agree upon mediation but are unable to agree on the mediator, the parties shal 1 request the services of the State MEDIATIO~ N!O Conciliation Service, or suitable alternate, to provide a mediator. Costs of mediation shall be divided one-half to the city and one-half t.o the recognized employee organization or recognized emp1 oyee organizations. The media tor or media ting agency shall ma(e no public recommendations n~r take any public position concerning the issues, but shall wrk directly with the parties involved. sections: 1301 1302 1303 1304 1305 Gratuities CHAPTER 13 ~ISCELlANEOUS Outside employment Uniform allowance Political activity Conflicts of interest 1301. Reports of change of status. All actions involvinq employment anu change in status of employment shall be reported £y the apgointin authorit tO the ersonne1 division on forms rsescrfbe or t at purpose. op es 0 sue reports s a e urnished to the employee involved. 1301. Gratuities. No offker or employee of the City shall solicit or accept any gratuity for services rendered. 1302. Outside employment. -11 regular FULL-TIME and part-til'le emp1oyees wishing to engag~ in outside ert1ployment shall obtain approval to engage in outside employment each year from their department hea1 in the manner and at the times set by the city manager in administrative rules and pr·ocedures. Such approval may be denied by the department head ff such outside E.4!1p1oyment is incompatible with the proper dischar~e of the enployee's official duties or would tend to impair his/HER independence of judgment or action in the performance of his/HER official duties. All such approvals shal 1 be subject to review by the city manager. 1303. Uni form allowance. Employees receivf ng uniform allowances are to use such allowances to acquire and maintain the specific departmental unifonn in a neat and proper manner. The city manager shall establish adl'lini strative rules and procedures for the administration of the tmffonn allowance program. -MS 50- 1304. Pol itfcal activity. The po11tical activity of city employees shdll comply With pertinent provisions of state law. 1305. Conflicts of interest. (al No employee, "lhetner paid or u~paid; shall engage in any business transaction or shall have a financial interest. direct or indirect, which is incoP1patfble with the proper discharge of hh/HER official duties in the pub1;·; interest or would tend to impair his/HER indenendence of judgment or action in the perfonnance of h1s/HER official duties. (b) NO EMPLOYEE 'SHALL FAIL TO COMPLY WITH THE PROVISIONS CF CHAPTER 2.09 Cf" THE PALO AL TO MUNICIPAL CODE RELATHG TO THE FILI~ \J" STATEMENTS OF ECONOMIC INTEREST ANO DISQUALIFICATION FROM MAKI~ OR PARTICIPATI~ IN DECISIONS AFFECTitll THE EMPLOYEE'S FINANCIAL INTEREST. 1308. Notification of pregnancy. It is the respon~fbilitx of ech female employee to notify her supervisor as soon as pregnancy Fias been confirmed. A written statement by the attending physician certifyin~ the expected delivery date and ap~rovina the duration of emp oyment during pregnancy must bi su mhte to the emplo~ee's supervisor within ten days after sregnancy Fias been conf1rmed. Duration of employment shall be etennined b~ the departmer.t head based upon the nature of the position hel by the el"ltoyee, b1Jt in no event mat emplo}'IT!ent continue 1 anger than t e end of the duration o e1'11ployment certified by the attending physician. -MS 51- Sections: 1401 reference. CHAPTER 14 MEMORANDUM OF IG REEMENl' LOCAL 715A, SEIU Memorandum of Agreement incorporated by 1401. Memorandum of Agreer.lent incorporated by reference. That certaf n Memorandum of Agreement. dated May 7, 1985, by and between the City of Palo Alto and Loca1 715A, SEIU, AFL-C!O, CLC, consisting of a Preamble and Articles I through XXVI wf th sh appendices attached thereto and incorporated therein for a tenn commencing May 1, 1985, and expiring April 30, 1987, is hereby incorporated into these Mer;t System Rules and Regulations by reference as though fully set forth herein. Said Memorandu~ shall apply to all employees in classifications represented by said Local 715A, SEIU, AFL-CIO, CLC. except where specifically provided otherwise herein. In cases of confiict between this chapter and any other provisoins of the Merit System Rules and Regulations, this chapter will prevail over such other orovisions as to employees represented by said Local 715A, SEIU, AFL-CIO, CLC. -MS 52P' Sections: 1501 reference. CHAPTER 15 MEMORANDUM OF IGREEMENT LOCAL 1319. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS Memorandum of Agreement incorporated by 1501. Memorandum of A reement incor orated b reference. That certain Memoran um o greement y an etween t e ty of Palo Alto and Local 1319, International Association of Fire Fighters, consisting of Articles I through XXXXI and numbered pages one through nineteen for a tenn commencing July 1, 1985, and expi rf ng June 30. 1987, hereby fs incorporated into these Merit System Rules and Regulations by referenc~ as though fully set forth herein. Said 111emorandum shall apply to a11 employees in classifications represented by said local 1319, International Association of Fire Fighters, excert wtiere specifically provided otherwise herein. In the case of conflict between this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will pr"'.'vail over such other pr1Jvi sions as to employees represente<1 by said Local 1319. International Association of Fire Fighters. -MS 53- Sectfons: 1601 referente. CHAPTER 16 MEMORANDUM OF IS REEMENT PALO ALTO PEACE OFFICERS' ASSOCIATION Memorandum of Agreement incorporated by 1601. Memorandum of Atr~ement_incor%orated by reference. That certain Memorandum of nderstanding y and between the t·ity of Palo Alto and Palo Alto Peace Officers' Association, consfstin9 of Sections I through 44 and nullt>cred pages one through nineteen for a term conwnencing July l, 1984, and expiring June 30, 1986, hereby is incorporated into these Merit System Ru1 es and Regulations by reference as though fully set forth herein. Said !'lemorandum shall apply to all employees in classifications of Police Officer, Police Agent and Police Sergeant, except where specifically provided otherwise herein. In the case of confl f ct with this chapter and any other provf sions of the Merit System Ru1 es and Regulations, this chapter will prev a i 1 over sue h other prov is fans as to employees represented by said Palo Alto Peace Officers' Association. -MS 54-.