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HomeMy WebLinkAboutRESO 4206• RESOLUTION NO. 4206 • ORIGINAL RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO) AMENDING RESOLUTION 4136 BY ADOPTING REVISED CHAPTERS 7 AND 11 OF THE MERIT SYSTEM RULES AND REGULATIONS 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 Alto Municipal Code, the Council of the City of Palo Alto previously adopted Merit System Rules and Regulations on July 1, 1968 by Resolution No. 4136; and WHEREAS, the Council of the City of Palo Alto desires to continue equitable and uniform procedures for dealina with personnel matters, and continue to place 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. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: That Resolution 4136 adopted July 1, 1968, is amended to the extent that Chapters 7 and 11 of the Merit System Rules and Regulations, attached hereto as EXHIBITS A and B, respectively, and by reference made a part hereof, are hereby adopted; otherwise said Resolution 4136 shall remain in full force and effect. The City Manager and the City Controller are authorized to adjust accrued vacations for those persons employed as of July 1, 1968, in accordance herewith. INTRODUCED AND PASSED: February 3, 1969 AYES: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Gullixson, Pearson, Spaeth, Wheatley NOES: None ABSENT: Beahrs ATTE D AS TO FORM: v Attorney • • CHAPTER 7 -- VACATION LEAVE SEC. 701 ELIGIBILITY a. Regular Employees. Regular employees shall be eli- gible for vacation leave in conformance with the provisions of Section 702. b. Part-time Employees. Part-time employees shall be eligible for vacation leave in conformance with the provisions of Section 702, with compensation com- puted on the basis of part-time/full-time ratio. c. Casual and Special Employees. Casual and special employees shall not be eligible for vacation leave. SEC. 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 (4) Years. For employees completing less than tour 4 years continuous service: two (2) calendar weeks vacation leave per year. b. Four (4), But Less Than Fourteen (14) Years. For em- ployees completing four (4), but not more than fourteen (14) years continuous service: three (3) calendar weeks vacation leave per year. c. Fourteen (1.4) or More Years. For employees complet- ing fourteen (14) or more years continuous service: four (4) calendar weeks vacation leave per year. SEC. 703 CESSATION OF ACCRUAL In the event an employee fails to use his vacation as provided in these Rules, vacation accrual beyond the limits established in these Rules shall be prohibited and no other compensation or recognition of such prohibited accrual will be made except that the City Manager may extend accrual limits when vacation is not permitted for the convenience of the City. SEC. 704 HOLIDAYS FALLING DURING VACATION In the event a City holiday falls within an employee's vacation period which would have excused the employee from work and for which no othc compensation is made (see Section 522) an additional work day for each such holiday shall be added to the vacation leave. - 20 - EXHIBIT "A" • • SEC. 705 USE OF VACATION a. When to be Taken. The time at which an employee may use his accrued vacation leave and the amount to be taken at any one time shall be determined by his department head with particular regard for the needs of the City, but also insofar as possible, considering the wishes of the employee. b. Limitation on Use. Employees may not use more than their annual rate of accrual in any calendar year period, with- out prior approval of the Office of the City Manager. Normal use of vacation is three (3) calendar weeks vacation after five (5) continuous years of service and four (4) calendar weeks vacation after fifteen (15) years continuous service. c. Waiting Period. Employees shall complete six (6) months continuous service before using accrued vacation leave. d. Double C...ensation Prohibited. Employees shall not work for the City .uring their vacation. e. Vacation Splitting. It is the intention of the City that vacation be taken in units of one (1) week; however, with approval of his department head, an employee may use one (1) week of his accrued vacation in any calendar year in units of less than one (1) week, but in no instance in units less than one-half (1/2) day. (Four hours). Requests for exception to this procedure must be approved by the City Manager. SEC. 706 VACATION AT TERMINATION Employees leaving the municipal service with accrued vacation leave and who give at least two (2) weeks notice of their intention to terminate shall be paid the amounts of accrued vacation to the date of termination. An employee, whose service is terminated for the convenience of the City, other than as the result of disciplinary action, shall also be paid for his accrued vacation. Payments for accrued vacation shall be at the employee's current rate of pay. Employees who terminate employment with the City and have less than six (6) months' continuous service shall not be com- pensated for accrued vacation. SEC. 707 VACATION BENEFITS FOR DECEASED EMPLOYEES An employee who is eligible for vacation leave and who dies while In the municipal service shall have the amount of any accrued vacation paid to his estate within thirty (SC) days. This proration will be computed at his last basic rate of pay. SEC. 708 EFFECT OF EXTENDED MILITARY LEAVE An employee who interrupts his service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. - 21 - CHAPTER 11 -- GRIEVANCE PROCEDURES SEC. iicJa PURPOSE OF CHAPTER a. To promote improved employer -employee relations by es- tablishing grievance procedures on matters for which an appeal, hearing, or process is not provided by other regulations. b. To provide that grievances shall be heard and settled as informally as possible. c. To enable grievances to be settled as promptly and as nearly as possible to the point of origin. d. To afford employees individually or ~hrough qualified representation a systematic means of _btaining con- siderations of questions and disputes. SEC. 1102 DEFINITIONS a. Grievance - A complaint, question, or dispute regarding the application or interpretation of any provision of the Merit System Rules and Regulations, departmental rules and regulations, administrative policies, practices and procedures governing wages, hours, or working con- ditions. b. Immediate Supervisor - The most immediate person to whom an employee reports for work assignment and direc- tion. c. Immediate Management Supervisor - The most immediate supervisor designated and listed as a management employee and who is in the direct line of authority having jurisdiction over an employee. SEC. 1103 CONDUCT OF GRIEVANCE PROCEDURE a. An employee may request the assistance of another person of his own choosing in preparing and presenting his grievance at any level of review, or may be repre- sented by a recognized employee organization, or may represent himself. b. The employee and his representative, if any, may use a reasonable amount of work time, as determined by the appropriate management supervisor, in conferring about and presenting a grievance. c. Any retroactivity on monetary grievances shall be limited to the date the grievance was filed in writing - 29 - EXHIBIT "B" • except in cases where it was impossible for the em- ployee to have had prior knowledge of an accounting error. d. The time limits specified in this Chapter may be ex- tended to a definite date by mutual agreement of the employee and the reviewer concerned. e. Employees shall be free from reprisal for using the grievance procedure. SEC. 1104 MATTERS SUBJECT TO GRIEVANCE PROCEDURE Any City employee shall have the right to present a grievance regarding wages, salaries, hours and working condi- tions for which appeal is not otherwise provided or is not prohibited under the provisions of Chapter 10. A grievance must be initiated not later than ten (10) calendar days from the date of the action or incident claimed to be the basis for the grievance. If the grievance is not presented within the time limits prescribed herein, it shall be deemed not to exist. SEC. 1105 GRIEVANCE PROCEDURE Step One. An employee must attempt first to resolve a grievance through discussion with his immediate supervisor without undue delay on an informal basis. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he shall have the right and obligation to discuss it with his supervisor's immediate superior, if any, and his department head if necessary. Every effort shall be made to find an acceptable solution by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the department head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than twenty-one (21) calendar days elapse from the date of the alleged incident or action and the resolution of the grievance or completion of the informal process. Ste Two. If the grievance is not resolved through the informal process, the employee shall have the right within seven (7) calendar days from the decision or completion of the informal process to file the grievance in writing and present it through channels to his immediate management supervisor. The immediate management supervisor shall discuss the grievance with the employee and shall render a decision and comments in writing and return them to the employee within seven (7) calendar days after receiving the grievance. - 30 - Step Three. If the grievance is not resolved in Step Two, or if no answer has been received within seven (7) calendar days from the presentation of the written grievance, the employee may, within the next seven (7) calendar days, present the grievance in writing to his department head. Failure of the employee to take this action will constitute termination of the grievance. The departmenthead shall further review and discuss the griev- ance with the employee and shall render his decision and comments in writing and return them to the employee within seven (7) calendar days after receiving the grievance. Step Four. If the grievance is not resolved in Step Three, or if no answer has been received within the time limits established in Step Three, the employee may within seven (7) calendar days present the grievance in writing to the Personnel Officer for processing. Failure of the employee to take this action will constitute termination of the grievance. In the event the employee is not being represented by a recognized employee organization, the Personnel Officer shall forward the grievance to designated management representatives, who shall attempt to resolve the grievance with the employee. If the employee is being represented by a recognized employee organization, the Personnel Officer shall convene a joint meet- ing of organizational and management representatives who shall attempt to resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through discussion at this level, both parties shall advise each other in writing as to their respective positions. The employee or the representatives of a recognized employee organization may next submit their written case to the City Manager for review and settlement. Failure by the employee or in, representatives of a recognized employee organization to further submit the case to the City Manager within ten (10) calendar days following receipt of a written position from the management representatives will constitute a termination of the grievance. Step Five. If the grievance is submitted to the City Manager for review and settlement, the City Manager may elect the methods he considers appropriate for the study of the issues, and he shall render a written decision to the parties within thirty (30) calendar days. The decision of the City Manager shall be final. 30.1