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Home My WebLink AboutRESO 4636. ' .• l RESOLUTION NO. 4 6 3 6 e ORIGINAL RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 4372 TO AMEND SECTIONS 407, 509, 603, 702, 706, 1207(f) AND TO ADD SECTION 408 AND SUBSECTION (g) TO SECTION 1102 TO THE MERIT SYSTEM RULES AND REGULATIONS AND TO GIVE NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT TO BE EFFECTIVE JULY 1, 1974 The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Resolution No. 4372, adopted August 17, 1970, and amended by Resolution No. 4497 on August 23, 1971, adopting and amending the Merit System Rules and Regulations are hereby amended by ame.r1din9 or adding the sections set forth below. SECTION 2. S~ction 407 of the Merit System Rules and Regulations is amended to read: "407. Retirement: Police police department employees Safety Members" by the California Public Employees' Retire- ment System shall be governed by the following retir'!ll\ent policy: · (a) Employees attaining the age of fifty-five years shall retire from the municipal service. (b} The city manager, when he deems it to be in the best interest of the municipal service, may retain a public safety member who has attained the age of fifty-five yeara1 however, such employee may not be retained after he has attained age sixty~five"~ SECTION 3. Section 408 is added to the Merit System Rules and Regulations to read: "408. Retirement: fire department emp oyees w o are c assi e as "Public Safety Members" by the California Public Employees' Retire- ment System shall be governed by the following retirement policy: . (a) _ Employees attaining_ the age of fifty years (fifty- five years for regular employees who entered the fire service prior to September 1, 1972) shall retire from the municipal service, (b) The city manager, when he deems it to be in the best interest of the municipal service, may retain a public safety member who has attained the age of fifty-five years: however, such employee may not be retained after he has attained age sixty-five." -l - • • I SECTION 4. Section 509 of the Merit System Rules and Regulations is amended to read: "509. Overtime polif¥: definition. It is the policy of the city that overtime wor~ is to be kept to the minimum, consistent with the protection of the lives and property of the Palo Alto citizens and the efficient operation of the several dep~rtments and activities of the city, and shall be authorized or.ly under such adminis- trative rules and procedures as the city manager may -prescribe. overtime work for all employees except as otherwise p~ovided shall be defined as any ti~e worked beyond an eight hour day or beyond five consecutive eight hour days. Where other standard working hours are established pursuant to Section 506, overtime work shall be defined as any time worked beyond the scheduled work day or beyond eighty (80) hours per bi-weekly pay period when averaged over a one year period. Time worked in excess of the standard work week because of a change in days off or shift shall not be considered as overtime. Overtime shall conunence at the time an employee reaches the place where he is directed to report and shall continue until he is released or the work is completed, whichever is the earlier." SECTION 5. Section 603 of the Merit System Rules and Regulations is amended to read: 11 603. Accrual. Sick leave shall be accrued bi-weekly provided the employee has been in a pay status for 50% or more of a bi-weekly pay period. Sick leave shall be ac- crued at the rate of 3.7 hours per bi-weekly pay period for those e.~ployees working a forty-hour duty s~hedule. Those assigned work schedules which are gr~ate~ or lesser than forty hours will accrue sick leave at the ratio of their work schedule to forty hours. Effective July 1, 1974 eligible fire suppression shift employees will accrue sick leave at the rate of six shifts per year." SECTION 6. Section 702 of the Merit System Rules and -- Regulations is amended to read: 11 702. Vacation accrual. Vacation will be accrued when an employee is in pay status and will be credited on a bi-weekly basis. Such accrual and credit may not exceed twice the annual-rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status: (a) Less than four years. For employees cOlnpleting less than four years continuous service; two calendar weeks vacation leave per year. {b) Four, but less than fourteen years. For employees completinq four, but not more than fourteen years con- tinuous service: three calendar weeks vacation leave per year. (c) Fourteen or more years. For employees completing fourteen or more years continuous service; four calendar weeks vacation leave per year. BEGINNING January 1, 1973: (a) Less than four years. For employees completing less than four years continuous service; two calendar weeks vacation leave per year. -2 - ,• I (b) Four, but less than nine *ears. For employees complet1ng four, but not more t an nine years con- tinuous service; three calendar weeks vacation leave per year. (c) Nine or more years. For employ.3es completing nine or more years continuous service; four calendar weeks vacation leave per year. All eligible fire suppression shift employees shall accrue vacation at the following rate for continuo~s service per- formed in pay status: (a} Less than four years. For employee~ completing less than fou:; ·ears continuous service: five duty shifts per year for \·-cation leave. (b) Four but less than fourteen years. For employees completing four but not more than fourteen years continuous service; seven and one-half duty shifts per year for vacation leave. (c) Fourteen or more years. For employees completing fourteen or more years continuous service: ten duty shifts per year for vacation leave. (amended !4497, August 23, 1971) EFFECTIVE BEGINNING JULY 1, 1973. All eligible fire suppression shift employees shall accrue vacation at the following rate for continuous service per- formed in pay status: (a) Less than four years. For employees completing less than four years continuous service: five duty shifts per year for vacation leave. (b) Four but less than nine years. For employees com- pleting four but not more than nine years continuous ser- vice: sev·en and one-half .duty shifts per year for vacation leave. (c) Nine or more years. For employees completing nine or more years continuous service: ten duty shifts per year for vacation leave. " SECTION 7. Section 706 of the Merit System Rules and Requ- .. lations is amended to read: "706. Vacation at termination. Employees leaving the municipal service with accrued vacation leave and who give at least 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 ¥taeks notice of ~ermination is not possible, the city manage·r may authorize: J?ayment pf acgn:ed vac~tion •. An employee whose service· is·· te.z."lrlin<).ted for '.ths ~-;onv1,mieri,ce: _ · of the city, other than as the result of disciplinar.1 actiori, .~ ~ shall also be paid for'°this accrued vacation. Payments for accrued vacation shall be at the employee's current ra~e of pay. Employees who terminate employment with the city and have less than six months' continuous service shall not be compensated for accrued vacation." -3 - •• f SECTION 8. Subsection (g) is added to Section 1102 (Conduct of grievance procedure) of the Merit System Rules and Regulations to readi "(g) If appropriate, the aggrieved employee(s) and the department head may mutu~lly agree to waive step I or step II of the grievance procedure.11 SECTION 9. Subsection (f) of Section 1207 (Rights, obliga- tions and limitations) of the Merit System Rules and Regulations is amended to read: "{f) Access of organizations to work locations. Conditions permitting, representatives of employee organizations are authorized access to city work locations for the purpose of conducting business within the scope of representation; pro- vided that no disruption of work is involved; the business at hand includes direct members of the particular em~loyee organization; the business transacted is other than the re- cruiting of members ot the collection of dues. Any business representative of a recognized employee organization may have access to city work locations for purposes as indicated above, provided that he receives prior clearance from the director of personnel services or his off ice before entering the work location. The director of personnel services or his representative may accompany the business represantative. Employee organizations shall hold all organizational meetings at times other than during working or duty hours of those present, and at locations other than on city work premises. Employee organizations may post notices on bulletin boards, provided that such notices are stamped by the personnel division before posting. The notices are restricted to recreational and ~ocial affairs, election or appointment of officers and representatives, and notices of meetings. Requests for the posting of other material shall be directed to the personnel division." SECTION 10. The changes provided for in this resolution shall n~t affect any right established or accrued or any offense or act committed, or any penalty or forfeiture incurred, or any prose- cution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 11. The City Council of the City of Palo Alto does hereby give notice of intention to approve an amendment to the contract between· said City CoUhci·i and the 2.:,ard of AQlt1inistration -4 - ,• . of the Public Employees' Retirement System to provide two per- cent (2\) at fifty(SO) benefits for Fire Department Safety members to be effective July l, 1974. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ATTEST: UNANIMOUS NONE BEAHRS APPROVED AS TO FORM: f I ,IA~rl\----- seniorxs=sstant city Attorney c.~ or o Personne APPROVED: August Z 1, 1972 APPROVED: O)~~~ Mayor -5 -