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Home My WebLink AboutRESO 4268• * ORIGINAL RESOLUTION NO. 4268 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING MERIT SYSTEM RULES AND REGULATIONS AND RES J.) - CINDING RESOLUTIONS 4136, 4193 AND 4206 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 amended said Merit System Rules and Regulations by Resolution No. 4193 on December 16, 1968 and Resolution No. 4206 on February 3, 19691 and WHEREAS, the Council of the City of Palo Alto desires to continue equitable and uniform procedures for dealing with per- sonnel 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: SECTION 1. That the Merit System Rules and Regulations attached hereto as EXHIBIT A ane by reference made a part hereof are hereby adopted. SECTION 2. Resolutions No. 4136, 4193 and 4206, adopted July 1, 1968, December 16, 1968 and February 3, 1969, respectively, are hereby rescinded; provided, however, that the changes provided for in this resolution shall not affect any right established or accrued or any offense or act committed, or any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 for- feiture incurred, or any prosecution, suit, or proceeding pending 1 eC .wti, t.A 3 • • or any judgment rendered prior to the effective date of this resolution. SECTION 3. This resolution shall become effective June 30, 1969. INTRODUCED AND PASSED: June 23, 1969 AYES: NOES: ABSENT: EST: L Arnold, Beahrs, Berwald, Clark, Comstock, Gallagher, Guilixson, Pearson, Spaeth Norte Dias, Wheatley APPROVED; erk 'r Mayor D AS TO FORM: Vavgrientri./ Assistant City Attorney APPRO D: City M • MERIT SYSTEM RULES AND REGULATIONS CITY OF PALO ALTO CHAPTER 1 GENERAL CHAPTER 2 DEFINITIONS CHAPTER 3 EMPLOYMENT CHAPTER 4 TERMINATION OF EMPLOYMENT CHAPTER 5 HOURS AND COMPENSATION CHAPTER 6 SICK 'LEAVE CHAPTER 7 VACATION LEAVE CHAPTER 8 OTHER LEAVES OF ABSENCE CHAPTER 9 PROBATIONARY STATUS CHAPTER 10 DISCIPLINARY PROCEEDINGS CHAPTER 11 GRIEVANCE PROCEDURES CHAPTER 12 EMPLOYER AND EMPLOYEE RELATIONS AND EMPLOYEE REPRESENTATIVES CHAPTER 13 MISCELLANEOUS OFFICE OF THE CITY ATTORNEY'. TABLE OF CONTENTS MERIT SYSTEM RULES AND REGULATIONS CHAPTER 1 -- GENERAL Page Section 101 Adoption of Rules and Regulations 1 102 Powers of the City Manager 1 103 Administration of the Merit System 1 104 Purpose and Policy 1, 105 Personnel Policy 1 - 106 Merit System Application; Exceptions 2 107 Employment Constitutes Acceptance of Rules 2 108 Conflict with Charter 2 CHAPTER 2 -- DEFINITIONS Section 201 Definition of Terms 3 CHAPTER 3 -- EMPLOYMENT Section 301 Citizenship 5 302 Recruitment 5 303 Application 5 304 Selection Process 5 305 Ineligibility or Disqualification 6. 306 Classes of Appointment 7 307 Reappointments 7 308 Continued Employment 7 309 Transfer 310 Promotion 7 311 Demotion 8 31 3 Reths tatement 8 CHAPTER 4 -- TERMINATION OF EMPLOYMENT Section 401 Resignation; Unauthorized Leave 9 402 Termination; Lack of Work or Funds 9 403 Termination; Non -disciplinary Action 9 404 Termination; Disciplinary Action 9 405 Retirement; Applicable Regulations 9 406 Retirement; Miscellaneous Employees 9 407 Retirement; Public SafetyEmployees 10 CHAPTER 5 -- HOURS AND COMPENSATION Section 501 Compensation Plan and Classification Plan 11 502 Administration of Classification Plan and Compensation Plan - li 503 Merit Advancement 11 i Table of Contents (Continued) Page Section 504 Special Penalty Decrease 12 505 Salary Decreases.... 12 506 Standard Work Periods 12 507 Exceptions to Normal Working Hours 12 508 Attendance 12 509 Pay Periods 12 510 Computation of Salary 13 511 Overtime Policy; Definition 13 512 Overtime Compensation and Computation 13 513 Standby Compensation 14 514 Overtime; Eligibility 14 515 Overtime Not Applicable 14 516 Overtime Compensation Exceptions; Selected Supervisory Positions 14 517 Overtime Compensation Exception; Police Service 14 518 Overtime Compensation Exception; Fire Service 15 519 Overtime; Conditions of Local Peril or Disaster 16 520 Deductions 16 521 Paid Holidays 16 522 Compensation for Work on Paid Holidays, 16 CHAPTER 6 -- SICK LEAVE Section 601 Statement of Policy 18 602 Eligibility 18 603 Accrual .. 18 604 Accumulation 18 605 Use 18 606 Depletion of Sick Leave Benefits 18 607 Personal Business Leave Chargeable To Sick Leave 18 608 Forfeiture Upon Termination 19 609 Payment For Accumulated Sick Leave 19 610 Sick Leave Procedures - 19 CHAPTER 7 -- VACATION LEAVE Section 701 Eligibility 20 702 Vacation Accrual 20 703 Cessation of Accrual 20 704 Holidays Falling During Vacation 20 705 Use of Vacation 21 706 Vacation at Termination 21 707 Vacation Benefits for Deceased Employees.21 708 Effect of Extended Military Leave 21 CHAPTER 8 -- OTHER LEAVES OF ABSENCE Section C Leave of Absence Without Pay 22 Absence Without Leave 22 ii Table of Contents (Continued) Page Section 803 Leave of Absence; Death in Immediate Family 22 804 Leave of Absence; Death Outside the Immediate Family 22 805 Military Leave of Absence 22 806 Employees Time Off to Vote . 23 807 Jury Duty; Leave of Absence 23 808 Leave of Absence With Pay- 23 809 Subpoenas; Leave of Absence 23 CHAPTER 9 -- PROBATIONARY STATUS Section -901 Probationary Period 24 902 Objective of Probationary Period 24 903 Employee Performance Reports 24 904 Rejection of Probationer 24 CHAPTER 10 -- DISCIPLINARY PROCEEDINGS Section 1001 Disciplinary Action; Definition 25 1002 Causes for Disciplinary Action 25 1003 Persons By Whom Disciplinary Action May Be Taken; Notice; Service; Contents 26 1004 Right of Appeal; Form 26 1005 Hearing 27 1006 Representation. 27 1007 Notices to Witnesses; Cost 27 1008 Failure of Employee to,Appear at Hearing 27 1009 Decisions 27 1010 Effect of Certain Disciplinary Actions 27 CHAPTER 11 - - GRIEVANCE PROCEDURES Section 1101 Purpose of Chapter 29 1102 Definitions - 29 1103 Conduct of Grievance Procedure 29 1104 Matters Subject to Grievance Procedure • 30 1105 Grievance Procedure 30 CHAPTER 12 - - EMPLOYER AND EMPLOYEE RELATIONS AND EMPLOYEE REPRESENTATIVES 1201 Right to Join or Abstain 32 1202 Right to Choose Representation 32 1203 Definitions 32 iii • i Table of Contents (Continued) Section 1204 Registration of Employee Organizations 34 1205 Representation Units 35 1206 Recognized Employee. Organizations 37 1207 Rights, Obligations and Limitations 39 1208 Impasse Procedures 43 CHAPTER 13 - - MISCELLANEOUS Section 1301 Reports of Change of Status..44 1302 Damage Claims 44 1303 Gratuities 44 1304 Outside Employment 44 1305 Uniform Allowance 44 1306 Political Activity 44 1307 Conflicts of Interest 45 iv MERIT SYSTEM RULES AND REGULATIONS CHAPTER 1 -- GENERAL SEC. 101 ADOPTION OF RULES AND REGULATIONS The following Rules and Regulations have been approved by the City Council by resolution pursuant to the authority granted 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 in order to establish an equitable and uniform procedure for dealing with personnel matters, and to place municipal employment on a merit basis so that the most quali- fied available people may be brought into the municipal service. SEC. 102 POWERS OF THE CITY MANAGER In accordance with the provisions of Section 6(c) of Article IV of the Charter of the City of Palo Alto, and except as provided in Chapter 2.08 of the Palo Alto Municipal Code, the power to appoint all officers, heads of departments, and the employees of all City departments, and to remove the same for cause, the general control and supervision over the same is vested exclusively in the City Manager, subject to these Rules and Regulations. The City Manager may delegate to de- partment heads the authority to appoint persons to the municipal service. SEC. 103 ADMINISTRATION OF THE MERIT SYSTEM The Merit System established by the City Council under the provisions of Section 2.36.010 of the Palo Alto Municipal Code and these Rules and Regulations shall be administered by the City Manager. SEC. 104 PURPOSE AND POLICY The objective of these Rules and Regulations is to facilitate effective and economical services to the public and to provide for a fair and equitable system of personnel manage- ment in the municipal service. These rules set forth in detail those procedures which insure similar treatment for employees, and define the obligations, rights, privileges, benefits and prohibitions placed upon all employees in the service of this City. SEC. 105 PERSONNEL POLICY It is hereby the declared personnel policy of the City of Palo Alto that: -1- a. Employment and promotion by the City of Palo Alto shall be based on merit and fitness, free of per- sonal and political considerations, and in no way shall be affected or influenced by race, religious creed, color, national origin or ancestry. b. The California Fair Employment Practice Act shall govern all City employment and employment practices. c. Tenure of employees covered by these rules shall be subject to good behavior, satisfactory work perform- ance, necessity for the performance of work and the availability of funds. SEC. 106 MERIT SYSTEM APPLICATION; EXCEPTIONS The Merit System and these Rules and Regulations shall apply to all offices, positions and employments in the service of the City except: a. elective offices; b. positions on appointive boards, commissions and committees; c. persons under contract to supply expert, professional or technical services; and d. volunteer personnel who receive no regular compensa- tion from the City.. SEC. 107 EMPLOYMENT CONSTITUTES ACCEPTANCE OF RULES In accepting employment with the City of Palo Alto, each employee agrees to be governed by and to comply with the Merit System Rules and Regulations, administrative rules and pro- cedures established by the City Manager pursuant thereto and rules, regulations and directives of the department in which he is employed. SEC. 108 CONFLICT WITH CHARTER • None of the Merit System Rules and Regulations, adminis- trative rules and procedures established by the City Manager :or departmental rules, regulations or directives shall con- flict with nor supersede any provisions of the Charter of the City of Palo Alto, and in the event of any conflict it shall be resolved in favor of the Charter. CHAPTER 2 -- DEFINITIONS SEC. 201 The shall be DEFINITION OF TERMS following terms, whenever used in these Rules, defined as follows: Appointing Authority shall mean the City Manager. The City Manager may delegate his power to appoint and remove employees for cause to any or all department heads. Classification Plan shall mean a list of titles of the classes of all regular and part-time positions in the municipal service and a written specification defin- ing each class. The class specification shall include the class title and general description of the work, a summary statement of duties and responsibilities, and minimum or desirable qualifications for appoint- ment, and may include such other pertinent information as the Personnel Officer may deem desirable. Continuous Service shall mean employment on a regular or part-time basis which is not interrupted by termina- tion, or leaves of absence without pay for a period in excess of one year, other than military leave. Discharge shall mean disciplinary termination. Disciplinary Probation shall mean a form of disciplinary action, as distinguished from probation for new em- ployees as set forth in Section 901, for a. specified period of time not to exceed one year. Persons placed on disciplinary probation may be terminated for failure to meet requirements. Rights, benefits and privileges shall be reduced in conformance. with Section 1010. Demotion shall mean the movement of an employee from one sass to another class having a lower maximum rate of pay. Interrupted Service shall mean regular or part-time em- ploymtnt in a non -pay status which is greater than thirty (30) continuous calendar days but less than one (1) year in duration. Non -Pay Status shall mean the period in which an employee is not at work and has been granted a leave of absence without pay. Pay Status shall mean the period in which an employee is at work, on vacation, sick leave, compensation leave as the result of an industrial accident, leave with • • • full pay in lieu of temporary disability benefits, compensatory time off, paid temporary military leave of absence, or on an approved leave of absence with pay. Promotion shall mean the movement of an employee from one class to another class having a higher maximum rate of pay. Salary Range shall mean a series of progressive salary steps having a minimum and a maximum. Salary Schedule shall mean a schedule of salaries assigned to specific positions in the municipal service. Shift Personnel shall mean personnel of the Fire Depart- ment whose duty assignment is for twenty-four (24) consecutive hours with the following twenty-four (24) or more hours being scheduled for off -duty before another assignment is commenced. Suspension shall mean the temporary removal of an employee from a pay status for reasons of pending disciplinary action, for disciplinary action, for disciplinary reasons, or for other just cause. Sworn Personnel shall mean Police Service personnel authorized to carry out police powers. Termination shall mean the separation of an employee from municipal service. Termination may be by death, dis- charge, lay off, resignation, retirement, work com- pletion, lack of work or funds, or for non -disciplinary reasons as specified in Section 403. -4 CHAPTER 3 - - EMPLOYMENT SEC. 301 CITIZENSHIP Employment is open to qualified men and women who meet citizenship requirements for public employment as provided by laws of the State of California. SEC. 302 RECRUITMENT Recruitment for qualified applicants will be a continuing process in order that, where possible, the City will have available applications of interested, qualified persons for possible employment. Notices of employment opportunities may be placed in newspapers, magazines, announcements, or given to reputable agencies offering those services which it is felt will bring response from qualified persons. SEC. 303 APPLICATION All candidates for employment shall file a City of Palo Alto Application Form with the Personnel Division. SEC. 304 SELECTION PROCESS The selection process may consist of such recognized techniques as achievement tests, aptitude tests, evaluation of ability, personality and background through personal inter- views, performance tests, evaluation of work performance, work samples, physical agility tests, review and investigation of personal background and references, medical examinations, or any combination thereof, and in no way shallbe affected or influenced by race, religious creed, color, national origin or ancestry. In the event written examinations are given, a candidate shall have the right to inspect his own examination paper. Written examinations are only qualifying in nature unless otherwise specified. Selection techniques will be impartial and shall relate to those areas which, in the opinion of the appointing authority, will adequately and fairly indicate the relative ability and quality of candidates under consideration to execute the duties and responsibilities of the position to which they seek to be appointed. At completion of the selection process, the appointing authority shall make appointments from those candidates who 5 appear most qualified for the position under consideration and notify the Personnel Division immediately of the appoint- ment. The appointment shall become effective when the selected applicant has signed all official papers required by the City, and those papers bear the appropriate signatures confirming the appointment. SEC. 305 INELIGIBILITY OR DISQUALIFICATION The appointing authority or the Personnel Division may withdraw anyone from consideration whose appointment will be deemed contrary to the best interests of the City. Reasons for disqualification may include but shall not be limited to the following deficiencies: a. Lack of any of the requirements established for the examination or position for which applied. b. Physical or mental disability such as to render the applicant unfit to perform the duties of the position to which appointment is sought. c. Addiction to the use of intoxicating beverages to excess. d. Addiction to the use of habit-forming drugs. e. Conviction of a felony, or conviction of a misde- meanor involving moral turpitude. f. Infamous or notoriously disgraceful conduct. g. Dismissal from any position for any cause which would be cause for dismissal by the City. h. Resignation from any position to avoid dis- missal. i. Deception or fraud in making the application. j. Request by applicant that his name be withdrawn from consideration. k.. Failure to reply within a reasonable time, as speci- fied by the Personnel Division, to communications concerning availability for employment. 1. Disqualification or unsuitability for employment as. specified in any City or pertinent department rule or regulation. • SEC. 306 CLASSES OF APPOINTMENT 'Employment in the municipal service is divided into the following classes: a. Regular: Appointment on a full-time basis in an authorized position. Persons appointed to the posi- • tions of City Attorney, City Clerk, City Controller and City Manager shall be considered as regular appointments and shall be subject to all of the (provisions of these Rules and Regulations except Chapters 9, 10 and 11. b. Part-time. Appointment on a part-time basis in an authorized position. c. Special. Appointment to a temporary position for a period not exceeding one (1) year. d. Casual. Appointment on an "as needed" basis for work wfiich is anticipated to be of a temporary or inter- mittent nature either on a full-time or part-time basis. The status of those employees in this employ- ment class shall be reviewed after six months to determine whether or not continuation of employment is desired. SEC. 307 REAPPOINTMENTS Reappointment after termination will be considered as new employment. SEC. 308 CONTINUED EMPLOYMENT Continued employment of employees with the City of Palo Alto shall be subject to good behavior, satisfactory work per- formance, necessity for the performance of work and the availability of funds, SEC. 309 TRANSFER Any employee may be transferred from one department or division to another. SEC. 310 PROMOTION Because it is the policy of the City of Palo Alto to encourage the advancement of personnel within the organiza- tion, promotion selection for vacancies will be conducted as .the needs of the City require. Promotional opportunities in which interdepartmental transfers are possible will be posted on bulletin boards selected by the Personnel Division at least five (5) working days before the selection is made. Pro- motional examinations may be conducted as the need arises. - 7 .. SEC. 311 DEMOTION The appointing authority may demote an employee whose ability to perform his required duties falls below acceptable standards, for disciplinary reasons set forth in Section 1002, when the need for a position which an employee fills no .longer exists, or when an employee requests such demotion. No employee shall be demoted to a classification for which he does not possess the minimum qualifications. When the action is initiated by the appointing authority, written notice of demotion shall be given an employee at least five (5) days before the effective date of the demotion. An employee may appeal such action in the manner provided in Section 1004, et seq. SEC. 312 = SUSPENSION a. By City Manager. The City Manager may suspend an employee under his control from his position at any time for reasons of pending disciplinary action, for disciplinary reasons set forth in Section 1002, or for other just cause, including but not limited to inefficiency, incompetency, physical disability or mental incapacity. b. B De artment Head. Department heads may suspend an emp oyee for not more than three (3) days at any one time without the approval of the City Manager. Written notice of suspension shall be given an em- ployee within seventy-two (72) hours after such action. An employee may appeal such action in the manner pro- vided in Section 1004, et seq. SEC. 313 REINSTATEMENT The City Manager may reinstate any suspended employee for good cause, and may upon such -reinstatement compensate, in whole or in part, such employee for the time lost. CHAPTER 4 -- TERMINATION OF EMPLOYMENT SEC. 401 RESIGNATION; UNAUTHORIZED LEAVE An employee wishing to leave the service of the City in good standing either by resignation or retirement shall give the department concerned at least two (2) weeks notice. Un- authorized leave of absence for more than three (3) consecutive days shall be deemed to be a resignation and shall result in automatic termination of employment. SEC. 402 TERMINATION LACK OF WORK OR FUNDS An employee may be terminated by the appointing authority because of changes in duties or organization, abolition of position, shortage of work or funds, or completion of work for which employment was made. In cases involving regular or part- time appointments only, notice of such termination will be given to the employee at least two (2) weeks prior to the effective date of termination. Such terminations shall not be subject to appeal. SEC. 403 TERMINATION; NON -DISCIPLINARY ACTION An employee may be terminated by the appointing authority at any time, with or without notice, for cause or for the con- venience of the City. Such cause shall be other than cause for disciplinary action, set forth in Section 1002, et seq., and shall include but not be limited to inefficiency, incompetency, physical disability or mental incapacity. Regular and part- time employees shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in Section 1004 et seq. SEC. 404 TERMINATION; DISCIPLINARY ACTION An employee may be terminated at any time as disciplinary action as provided in Chapter 10 of these Rules. SEC. 405 RETIREMENT; APPLICABLE REGULATIONS Retirement from the municipal service shall, except as otherwise provided in these Regulations, be subject to the terms and conditions of the City's contract with the Public Employees' Retirement System. SEC. 406 RETIREMENT; MISCELLANEOUS EMPLOYEES All employees who are classified as "Miscellaneous Members" by the California Public Employees' Retirement System shall be governed by the following retirement policy: - 9 - a. Employees attaining the age of sixty-five (65) 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 mis- cellaneous employee who has attained the age of sixty- five (65); however, such employee may not be retained after attaining age seventy (70). c. Officers appointed by the City Council may, by specific' authorization of that body, be permitted to serve be- yond age sixty-five (65), but under no circumstances beyond age seventy (70). `SEC. 407 RETIREMENT; PUBLIC SAFETY EMPLOYEES Allemployees who are classified as "Public Safety Members" by the California Public Employees' Retirement System shall be governed by the following retirement policy: a. Employees attaining the age of fifty-five (55) years shall retire from the municipal service. b. The City Manager, when he deems it to be in the best interests of the municipal service, may retain a public safety member who has attained the age of fifty-five (55) years; however, such employee may not be retained after he has attained age sixty-five (65). - 10 -- •. i CHAPTER 5 -- HOURS AND COMPENSATION SEC. 501 COMPENSATION PLAN AND CLASSIFICATION PLAN The Compensation Plan shall provide for salary schedules, salary rates, salary ranges and steps and time intervals for salary review. Each position within the municipal service shall be al- located to its appropriate class in the Classification Plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the Compen- sation Plan. All persons entering the municipal service shall be compensated in accordance with the Compensation Plan then in effect. SEC. 502 ADMINISTRATION OF CLASSIFICATION PLAN AND COMPENSATION PLAN The City Council shall administer the Compensation Plan for the City Attorney, City Clerk, City Controller and City Manager. The City Manager shall administer the Compensation --Plan for all other employees. All initial employment shall be at the first step of the salary range, provided that the City Manager may make. an appointment to a position at an appropriate higher salary when in his opinion it is necessary in obtaining qualified person- nel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. SEC. 503 MERIT ADVANCEMENT An employee may be considered for merit salary advance- ment in accordance with the time intervals established in the Compensation Plan. Advancement to a higher salary within.a salary range may be granted for continued, improvement and efficient and effective service by the employee in the per- formance of his duties. Advancements shall be made only upon recommendation of the department concerned, and with the approval of the City Manager. For purposes of determining time requirements, time will commence on the first day of the month coinciding with or following entrance into a classification or onto a salary step. The salary increase, however, will be effective on the first day of the payroll period in which the time re- quirement has been met. • • SEC. 504 SPECIAL PENALTY DECREASE The salary of any employee may be decreased at any time to a lower salary within the salary range by the City Manager upon the recommendation of the department head that the quantity, quality or manner of performance of services do not justify the salary being received. SEC. 505 SALARY DECREASES In the event an employee is reclassified to a lower paying classification or is reduced in salary because of in- ability to meet the standards for a current salary step, the same time intervals as indicated in the Compensation Plan shall apply unless special review considerations are established. SEC. 506 STANDARD WORK PERIODS The standard work day for regular employees shall be eight (8) hours and the standard work week shall be forty (40) hours to be worked within five (5) consecutive days, except that for employees assigned to duty in the Fire service on a shift basis the standard on -duty shift shall be twenty -four --(24) consecutive hours. The standard duty week for such Fire service shift personnel shall be sixty-three (63) on -duty shift hours when averaged over a one (1) year period. After December 31, 1969, the standard duty week for such fire shift personnel shall be fifty-eight (58) on -duty shift hours when averaged over a one (1) year period. The work day for special, part-time, and casual employees shall be such as is established and directed by the appointing authority. SEC. 507 EXCEPTIONS TO NORMAL WORKING HOURS The City Manager is hereby authorized to designate other working hours for employees when, in his opinion, the best interests of the City may be served by such readjustment of standard work hours. SEC. 508 ATTENDANCE Employees shall be in attendance at their work or assigned duties at the time and place prescribed by the depart- ment to which they are assigned. Each department shall keep attendance records of all em- ployees, and make reports of the same to the City Controller in the form and on the dates he shall prescribe. SEC. 509 PAY PERIODS The pay period for all employees shall be bi-weekly and shall be based on three hundred sixty-four (364) days per year. Salaries will normally be paid on the first Friday following 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 is able to complete the pay- -12 - o • 'roll by the. previous workday. There will be no payment of salaries to employees except on regular pay days. Employees leaving the municipal service shall be paid within seventy-two (72) hours of the date of termination and upon written clear- ance of the department concerned that said employee has returned all city -owned tools and equipment. The method of distributing payroll warrants shall be established by the City Manager. SEC. 510 COMPUTATION OF SALARY When not specified in the compensation plan, the basic bi-weekly salary shall be computed by multiplying the monthly salary stated in the Compensation Plan by twelve (12) and dividing the resulting product by twenty-six (26) for a sixty- three hour duty schedule and one hundred -sixteen (116) for a fifty-eight (58) hour duty schedule. The basic hourly rate for each bi-weekly salary shall be computed by dividing the bi-weekly salary by eighty (80), except for personnel assigned to shift duty in the Fire service where the basic hourly salary rate shall be computed by divid- ing the bi-weekly salary by one hundred twenty-six (126). SEC. 511 OVERTIME POLICY; DEFINITION It is the policy of the City that overtime work is to be kept to the minimum, consistent with protection of the lives and property of the Palo Alto citizens and the efficient opera- tion 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 pro- vided shall be defined as any time worked beyond an eight (8) hour day or beyond five (5) consecutive eight (8) hour days. Time worked in excess of five (5) consecutive eight (8) hour days because of a change in days off or shift shall not be considered as overtime. Overtime shall commence 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 com- pleted, whichever is the earlier. SEC. 512 OVERTIME COMPENSATION AND COMPUTATION Compensation to employees working overtime will be in the form of additional pay at the rate of one and one-half times the employee's basic hourly salary unless otherwise provided in these rules, with the exception that an employee may request and upon approval be granted compensatory time off equivalent to the number of hours worked. In the event compensatory time off is used as the method - 13 - • of compensating for overtime, the time off will be taken within the quarter following the quarter of the year in which the overtime has been worked. In the event the employee is denied this provision, he will be compensated in pay for such time at the appropriate rate specified by these sections. Exceptions to this procedure will be made only upon Written authorization of the City Manager. SEC. 513 STANDBY COMPENSATION Compensation for regularly established emergency standby service shall be in an amount set forth in the Compensation Plan. SEC. 514 OVERTIME; ELIGIBILITY Employees who hold casual or part-time appointments will not be eligible for overtime compensation, but will be compen- sated for all work performed at their established rate of pay. Under conditionswhich he may consider appropriate, the City Manager may authorize overtime compensation for employees holding special appointments. SEC. 515 OVERTIME NOT APPLICABLE Overtime compensation provisions shall not apply to Council - appointed officers, department or divisions heads, nor certain other positions designated by the City Manager. Such personnel are compensated on the basis of responsibilities and characteris- tics of duties performed and are considered to work the minimum established work week. In the event department or division operations require extraordinary work assignments for an employee so designated, he may be authorized time off with pay by his department head, not exceeding two (2) working days in any one(l) pay period. Compensatory tine off in excess of two (2) days under these circumstances must be authorized and approved in advance in writing by the City Manager. SEC. 516 OVERTIME COMPENSATION EXCEPTIONS; SELECTED SUPERVISORY POSITIONS Certain supervisory positions as designated by the City Manager shall be compensated for overtime either by equivalent time off or by payment at the rate of one (1) times the employee's basic hourly salary. SEC. 517 . OVERTIME COMPENSATION EXCEPTION; POLICE SERVICE Any police officer appearing in court for the People dur- ing off -duty hours shall recaive additional compensation at the rate set forth in the Compensation Plan. Any police officer - 14 -• • subpoenaed to appear in court whall be compensated in accord- ance with State law. SEC. 518 OVERTIME COMPENSATION EXCEPTION; FIRE SERVICE Overtime compensation for the Fire service shall be paid as follows,- except as otherwise provided in these rules: a. Shift personnel assigned to relief duty in addition to a regular shift schedule shall receive overtime compensation on the following basis: (1) For all duty hours between 8:00 a.m. and 8:00 p.m., as provided in Section 512. For all duty hours between 8:00 p.m. and 8:00 a.m. of the following day or until the next duty schedule begins, when overtime will cease, at the rate of one (1) times the em- ployee's basic hourly salary, or equivalent compensatory time off. (2) b. Shift personnel called and fire emergency duty during compensated at the rate of times the employee's basic a forty (40) hour per week time off equivalent to the ordered to report for off -duty time shall be one and one-half (1-1/2) hourly salary computed on basis, or compensatory overtime hours worked. c. Shift personnel actively engaged in fire fighting operations when a scheduled change in shift occurs shall receive a compensation for duty performed in excess of normal duty schedule when such duty is in excess of one (1) continuous hour after the normal duty schedule has been completed. If such an occasion arises, all continuous overtime duty after the one (1) hour period shall be compensated as pro- vided in paragraph "a" above. SEC. 519 OVERTIME: CONDITIONS OF LOCAL PERIL OR DISASTER In case of disaster, state of extreme emergency or local peril, or in other special and abnormal situations, the over- time procedures herein established may be modified by the City Manager and compensation procedures will be determined at that time for such conditions. SEC. 520 DEDUCTIONS Deductions from employee's pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager. - 15 - SEC. 521 • PAID HOLIDAYS a. Regular Holidays for Pay Purposes. The following holidays are recognized as municipal holidays for pay purposes, and regular, part-time, and special employees shall have these days off with pay, except as otherwise provided in these Rules: January 1st February 22nd May 30th July 4th Labor Day September 9th October 12th November 11th Thanksgiving Day and the Day Following December 25th In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be con- sidered a holidayfor pay purposes. 14. Other Special Days. Whenever the Mayor suspends municipal business pur- suant to Section 2.08.100(b) of the Palo Alto Municipal Code, the City Manager shall be authorized to excuse personnel whose duties permit 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 concerned. Such period of suspension shall not be deemed a holiday for pay purposes, unless the Mayor's proclamation so states. c. Christmas Eve and New Year's Eve. The City Manager is authorized to excuse personnel whose duties per- mit them to be absent, with pay, for one-half work day on the afternoon of December 24 or December 31 of each year. SEC. 522 COMPENSATION FOR WORK ON PAID HOLIDAYS a. Employees Not Normally Required to Work on Paid 'Holidays. A regular, part-time or special employee whose duties do not normally require him to work on. paid holidays enumerated in Section 521(a) shall be compensated at the rate of one and one-half times his basic salary for the hours worked, or shall receive compensatory time off at the rate of one times the hours worked, in addition to his regular salary. b. Employees Whose Work Schedules Normally Require !oiiiday Work. A regular, part-time or special employee whose duties normally require him to work on paid holi-• days enumerated in Section 521 shall be compensated for all such holidays and shall receive additional corn-. - 16 - • pensation equal to an additional day's salary, or equivalent compensatory time off. In the event such an employee is excused from work in observance of the holiday, no additional compensation shall be given. Employees on compensation leave, or leave of absence "in lieu" of compensation leave, or military leave shall not receive any additional compensation for holidays occurring during such leave. Any employee on leave of absence without pay shall not receive any compensation for holidays occurring during such leave. c. Casual Employees Re4wired to Perform Work on Holidays. Casual employees required to perform work on holidays shall be compensated at their regular rate of pay for work performed. d. Regular, Part-time and Special Emloyees. Regular, part-time and special employees must be in a pay status on the work day preceding a holiday to be eligible to be compensated for the holiday under Section 521. e._ Employees Assigned Days Off Other Than Saturday and Sunday. An employee whose work schedule requires that his regular days off be other than Saturday and/or Sunday shall be granted an additional day off, at the convenience of the department concerned, in the event a holiday falls during his regularly scheduled day off. • pensaticn equal to an additional day's salary, or equivalent compensatory time off. In the event such an employee is excused from work in observance of the holiday, no additional compensation shall be given. Employees on compensation leave, or leave of absence "in lieu" of compensation. leave, or military leave shall not receive any additional compensation for holidays occurring during such leave. Any employee on leave of absence without pay shall not receive any compensation for holidays occurring during such leave. c. Casual Eayloyees Required to Perform Work on Holidays. Casual employees required to perform work on holidays shall be compensated at their regular rate of pay for work performed. d. Regular: Part-time and Special Tmmployees. Regular, part-time and special employees must be in a pay status on the work day preceding a holiday to be eligible to be compensated- for the holiday under Section 521. e. Employees Ass Wined Days Off Other Than Saturday and Sunday. An employee whose work schedule requires that his regular days off be other than Saturday and/or Sunday shall be granted an additional day off, at the convenience of the department concerned, in the event a holiday falls during his regularly scheduled day off. • CHAPTER 6 -- SICK LEAVE SEC. 601 STATEMENT OF POLICY Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 607. SEC. 602 ELIC.BILITY Regular and part-time employees shall be eligible to accrue and use sick leave. SEC. 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 secured at the rate of 3.7 hours per bi-weekly pay period for those employees working a forty (40) hour duty schedule. Those assigned work schedules which are greater or lesser than forty (40) hours will accrue sick leave at the ratio of their work schedule to forty (40) hours. SEC. 604 ACCUMULATION Accrued sick leave may be accumulated without limit. SEC. 505 USE Sick leave may be used as needed and approved, point of depletion, at which time the employee will receive pay for sick leave. Sick leave will not be illness occurring during any leave of absence other leave. _ to the no longer granted for than sick SEC. 606 DEPLETION OF SICK LEAVE BENEFITS Upon depletion of accumulated sick leave an employee will be deemed to be on medical leave of absence without pay for a period not exceeding sixty (60) days. if the employee is un- able to return to work at the end of this period, he must re- quest further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of his intent to return to work every thirty (30) days. If further leave is not granted, the em- ployee's service with the City shall be considered terminated. SEC. 607 PERSONAL BUSINESS LEAVE CHARGEABLE TO SICK LEAVE Department heads shall have authority to grant, at their discretion, the use of sick leave for personal business. This privilege is for needs of short duration and during any cal- endar period of one year shall not exceed twelve (12) hours per employee. - 18 - SEC. 608 FORFEITURE UPON TERMINATION Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and by Section 609. In the event that notice of resigna- tion is given, sick leave may be used only through the day which was designated as the final day of work by such notice. SEC. 609 PAYMENT FOR ACCUMULATED SICK LEAVE Eligible employees who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen (15) or more years of contin- uous service shall receive compensation for unused sick leave hours in a sum equal to two and one half percent (2-1/2%) of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. SEC. 610 SICK LEAVE PROCEDURES The City Manager shall establish controls and procedures for the administration of sick leave use. OW 10 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 four 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 (14) or More Years. For employees complet- ing Iourteen (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 other compensation is made (see Section 522) an additional work day for each such holiday shall be added to the vacation leave. -20- • 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 Compensation Prohibited. Employees shall not work for the City during 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 (l) 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 (30) 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 nilitary leave shall be compensated for accrued vacation at the time the leave becomes effective. 21 - o • CHAPTER 8 -- OTHER LEAVES OF ABSENCE SEC. 801 LEAVE OF ABSENCE WITHOUT PAY Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary to the best interests of the City. Such leave is not a right but a privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the City Manager. No vacation or sick leave benefits shall be used for illness occuring during such leave. a. Approval of Department Head. Leave of absence without pay for one (1) week or less may be granted by the department head, depending on the merit of the individual case. b. Approval by City Manager. Leave of absence without pay in excess of one (1) week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve (12) month's duration. ---SEC. 802 - - - - --ABSENCE WITHOUT LEAVE Unauthorized le:'ve of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence for more than three (3) consecutive days shall result in automatic termination of employment. Such termination shall not be subject to appeal. SEC. 803 LEAVE OF ABSENCE: DEATH IN IMMEDIATE FAMILY Leave of absence with pay -of (1) day may be granted an employee by the head of his department in the event of death in the employee's immediate family, which is defined for pur- poses of this section as wife, husband, son, daughter, father, mother, brother, sister, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of one (1) day shall be subject to the approval of the City Manager. SEC. 804 LEAVE OF ABSENCE: DEATH OUTSIDE THE ATE- FAMILY Leave without pay may be granted a regular, special, or part-time employee by his department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 801. SEC. 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. - 22 - SEC. 806 EMPLOYEE'S TIME OFF TO VOTE Time off with pay to vote at any general, direct primary, or presidential 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. SEC. 807 JURY DUTY; LEAVE OF ABSENCE Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsis- tence allowances within thirty (30) days from the termination of his jury service. SEC. 808 LEAVE OF ABSENCE WITH PAY The City Manager may grant a regular or part-time employee under his control a leave of absence with pay for a period not exceeding thirty (30) calendar days for reasons he deems ade- quate and in the best interests of the City. The City Council may grant a regular or part-time employee a leave of absence with pay for a period not to exceed one (1) year for reasons the Council considers adequate and in the best interests of the City. SEC. 809 SUBPOENAS; LEAVE OF ABSENCE Regular, special, or part-time employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigued duties until released. The employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of his services. Compen- sation for mileage or subsistence allowance shall not be con- sidered as a fee and shall be retained by the employee. • � CHAPTER 9 -- PROBATIONARY STATUS • • SEC. 901 PROBATIONARY PERIOD All original appointments to regular or part-time municipal service positions shall be tentative and subject to a probationary period fixed by the appointing authority at the time of appointment of not less than six (6) months nor more than.. eighteen (18) months. The probationary period may be extended with the approval of the City Manager for a period not to exceed six (6) additional months where the City Manager finds that extraordinary conditions justify such extension. SEC. 902 OBJECTIVE OF PROBATIONARY PERIOD The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probation- ary employee whose performance does not meet the acceptable standards of work. SEC. 903 EMPLOYEE PERFORMANCE REPORTS A report of performance of each probationary employee shall be made by the department head at the time and in the manner provided in the City Manager's rules and procedures. SEC. 904 REJECTION OF PROBATIONER During the probationary period an employee may be suspended, demoted or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. - 24 - CHAPTER 10 - - DISCIPLINARY PROCEEDINGS SEC. 1001 DISCIPLINARY ACTION; DEFINITION As used in this Chapter, "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation or suspension. SEC. 1002 CAUSES FOR DISCIPLINARY ACTION Causes for disciplinary action against any employee may include, but shall not be limited to, the following: a. Fraud in securing appointment. b. Inexcusable neglect of duty. c. Insubordination. d. Dishonesty. e. Drunkenness on duty. f. Intemperance. g. Addiction to -the use of narcotics or habit forming drugs. h. Unauthorized absence without leave. i. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. j. - Immorality. k. Discourteous treatment of the public or other employees. 1. Improper political activity. m. Willful disobedience. n. Misuse of City property.. o. Violation of any of the provisions of these Working Rules and Regulations or departmental rules and regulations. p. Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the City or his employment. q. Refusal to take or subscribe to -any oath or affirmation which is required by law in connection with his . -employ ment. - 25 - SEC. 1003 PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN; NOTICE; SERVICE; CONTENTS The City Manager, any department head authorized by him or any Council -appointed officer may take disciplinary action against an employee under his control for one or more of the causes for discipline specified in this Chapter by notifying the employee of the action, pending the service upon him of a written notice. Disciplinary action is valid only if a written notice is served on the employee and filed with the Personnel Division not later than fifteen (15) calendar days after the date of such action. The notice shall be served upon the employee, either personally or by mail and shall include: a. A statement of the nature of the disciplinary. action. b. The effective date of the action. c. A statement of the causes therefor. d. A statement in ordinary and concise language of the actlor omissions upon which the causes are based. e. A statement advising the employee of his right to appeal from such action. SEC. 1004 RIGHT OF APPEAL; FORM Any employee shall have the right of appeal to the City Manager from any disciplinary action taken by his department head under Section 1003. Such appeal must be filed with the City Manager within ten (10) working days after receipt of written notice of such disciplinary action; failure to file an appeal within such period constitutes a waiver of right of appeal. The appeal must be in writing, must be verified before a notary public, or made under penalty of perjury, and must state specifically the facts upon which it is based. The City Manager shall cause such appeal to be investigated and shall conduct a hearing as provided in this Chapter. Neither the provisions of this Section or this Chapter shall apply to layoffs or reductions in pay which are a part of a general plan to reduce or adjust salaries and.wages. - -26- SEC. 1005 HEARING The City Manager shall conduct a hearing on an appeal filed in accordance with Section 1004 within thirty (30) days after receipt thereof. The City Manager may continue the hearing either for the convenience of the City or upon written applica- tion of the appellant, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing, and any continuance thereof, shall be given to the appellant. Such hearings shall be conducted in accordance with the provisions of Section 11513 of the Govern- ment Code of the State of California, except that the appellant and other persons may be examined as provided in Section 19580 of said Government Code and the parties may submit all proper and competent evidence against or in support of the causes, but it shall be a presumption that the statement of causes is true. SEC. 1006 REPRESENTATION Any City employee shall be permitted to represent another City employee or group of City employees at the hearing of the appeal. The appellant may appear in person or be represented by counsel. SEC. 1007 NOTICES TO WITNESSES; COST The City Manager shall issue notices for the appearance of the appellant upon his written request and at his cost. The City Manager may require such cost to be prepaid. SEC. 1008 FAILURE OF EMPLOYEE TO APPEAR AT HEARING Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his appeal and the action of the appointing power shall be final. SEC. 1009 DECISIONS The City Manager shall render a written decision within fifteen (15) days after concluding the hearing. The City Manager's decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the City Manager, the employee may be compensated, in whole or in part, for the time lost as determined by the City Manager. SEC. 1010 EFFECT OF CERTAIN DISCIPLINARY ACTIONS a. Disciplinary Probation. Employees placed on dis- ciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation, -.27 - b. Suspension. Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension. c. Discharge. Employees terminated pursuant to section 404 of these Rules shall be paid salary accumulated to the effective date of termination only and shall not be paid for accumulated vacation or sick leave. • • 'CHAPTER 11 -- GRIEVANCE PROCEDURES SEC. 1101 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 inforially 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 through qualified. representation a systematic means of obtaining 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 - 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. lays 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 tfirough 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 effoLt 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 o=der 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. Step Two. If the grievance is not resolved through the inforuii 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 department head 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 by 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. - 31. - • CHAPTER 12 - - EMPLOYER AND EMPLOYEE RELATIONS AND EMPLOYEE REPRESENTATIVES SEC. 1201 RIGHT TO JOIN OR ABSTAIN In the interest of improving the efficiency of City ser- vices and the promotion of sound personnel management, ;t is the purpose of this chapter to establish uniform procedures for employees, whether individually or in organization, to participate in the process of communication toward establish- ing wages, hours and other terms and conditions of employment, and to provide the means for amicable discussion and adjustment of matters of mutual interest, with the intent of fostering harmonious employer -employee relations. SEC. 1202 RIGHT TO CHOOSE REPRESENTATION Employees of the City of Palo Alto, except as may be otherwise provided herein or by law, shall have the right to form, join and participate in the activities of employee organizations of their own choosing as provided in Sections 3500-3509 of the Government Code of the State of California. Employees of the City of Palo Alto shall have the right to refuse to join or participate in the activities of any employee organization and shall have the right to represent themselves individually in their employment relations with the City. SEC. 1203 DEFINITIONS. a. Employee. "Employee" means any regular or part-time employee, as defined in these Rules and Regulations. b. Employee Organization. "Employee Organization" means _ any organization whfch includes employees and which has as one of its primary purposes representing such employee in his employment relations with the City and which has registered with the Personnel Officer as provided for in Section 1204. .c. Recognized Employee Organization. "Recognized oyee organ zat on means an employee organization that has been registered pursuant to Section 1204, and has been certified pursuant to Section 1206. Scope of Representation. "Scope of Representation" pertains -to matters relating to wages, hours, and other terms and conditions of employment. d. w 32... e. Management; Management Employee. "Management" or "Management Employee" means any City Councilman, or any employee having the authority to exercise independent judgment in the interests of the City, to hire, transfer, suspend, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them, or to ad- just their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of authority is not of a merely routine or clerical nature, but requires the use of inde- pendent judgment. f. Management Representative. "Management Represents- tive'r means the City Manager or his designated representative(s). For the purposes of Section 1962 of the Labor Code of the State of California, the City Manager is designated as the "governing body" to lehom em- ployees of the Fire Department or any other depart- ment or division of the City or employee organize- - tions may address grievances and recommendations regarding wages, salaries, hours and working condi- tions. For the purposes of Sections 3500-3509 of the Government Code of the. State of California, the City Manager or his designated representative(s) will act to represent the City to meet and confer in good faith with representatives of employee organizations upon request. g. Confidential Employee. "Confidential Employee" means an employee who is privy to decisions of City Management affecting employee relations. h. Proof of Employee Approval. Proof of employee approval of a petition is demonstrated under this chapter by either of the following: (1) Signed and dated signatures on the petition. (2) Signed and dated employee organization authori- zation cards. Only signatures of employees currently employed, which signatures have been executed within six months prior to the date of filing of the petition or auth- orization card presentation, shall be accepted as proof of employee approval. The total number of employees in a proposed representation unit shall be determined by using the Council approved City 33 • (�) 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. i. pays. "Days" shall mean calendar days. j. Mediation. "Mediation" means the process by which an impartial third party assists the parties in recon- ciling a dispute regarding wages, hours, and other terms and conditions of employment between representa- tives of management and the recognized employee organi- zation. SEC. 1204 REGISTRATION OF EMPLOYEE ORGANIZATIONS a. Application for Registration. An organization that desires to be regIsterea as an- employee organization, shall file with the Personnel Officer the following documents, signed by its presiding officer, showing: (1) Name and mailing address of the organization. (2) Names and titles of officers and representatives. (3) A copy of its constitution and/or by-laws which shall contain a statement that the organization has as one of its primary purposes representing employees in their employment relations. (4) Verification of employee membership in the or- ganization which may be shown by signed and dated signatures on a petition or on authoriza- tion cards. (5) An acknowledgment in writing, signed by a duly authorized officer or representative of the organization, that the organization agrees to all of the provisions of this Chapter. (6) A statement that the organization has no restriction on membership. based on race, color, creed, national origin or sex. 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 any purpose. 34- • • b. Registration. Upon receipt and verification of all the information required by Section 1204a, the Personnel Officer shall, in writing, notify the organization that it has been registered as an em- ployee organization. A copy of this notice shall be • filed with the City Manager's Office. The initial term of registration shall expire on the second September 1 following the original date of registration. c. Annual Registration. A registered employee organization shall thereafter annually, between August 1 and August 31 file with the Personnel Officer's statement re- quired by Section 1204a and the Personnel Officer shall annually issue thenotice of registration re- quired by Section 1204b. SEC. 1205 REPRESENTATION UNITS a. Appropriateness of Unit. The 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 in- terest; that the history of representation is used in the determination; 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. Establishment. A representation unit is established by petition of eligible employees within the proposed unit. The petition must be accompanied by proof of employee approval equal to at least 30 percent of the eligible employees within the proposed unit. The pe- tition shall be filed with the Personnel Officer, who will review the appropriateness of the representation unit. He 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 establishment of a representation unit may be combined with a petition that seeks to certify an employee organization as a recognized employee organization. ;c. Challenge by Employee Organization. If an employee organization desires to Challenge the appropriateness of the proposed representation unit and seeks to es- tablish a different unit, it shall, within 30 days of the filing of the petition it seeks to challenge, file a petitioN with the Personnel Officer requesting a unit determination through further action. .. 35 d. Challenge by Personnel Officer. If the Personnel Officer decides to challenge the appropriateness of the proposed representation unit, he shall within 30 days of filing the original petition give notice to the petitioner concerned of such challenge. e. Certification of Unchallen ed Unit. If there has been no pet t on or not ce e c enging a petition to establish a representation unit within 30 days, the Personnel Officer shall certify to thepetitioner that the representation unit has been established. f. Amendment of Petitions. If a challenge is lodged, the Personnel Officer shall notify the original petitioner in writing. If an amended petition is not filed within 7 days of such notice the petition and challenge shall be transmitted to the State Conciliation Service as pro- vided below. Upon the filing of an amended petition the original petition shall be deemed revoked and the amended petition shall be processed as an original petition as set forth above. g. Determination of Dispute. If a challenging petition has been duly filed, and the challenge has not been resolved by amendment or withdrawal, the Personnel Officer shall first transmit the petition and challenge with a request for determination to the State Concili- ation Service which shall utilize its procedures to determine the appropriate representation unit or units. On suggestion of the State Conciliation Service, an alternate agency may be used. In resolving representation unit disputes it is recommended that the State Conciliation Service or al- ternate agency shall in each case determine the broad- est feasible grouping based upon such factors as in- ternal and occupational community of interest and the history of representation. No city classification shall be included in more than one representation unit. The State Conciliation Service or alternate agency may adopt rules governing its process of de- termination and may consolidate petitions for hearing. The decisions of the State Conciliation Service, or those of an alternate agency if used shall be trans- mitted to the Personnel Officer and petitioners. The decisions of the State Conciliation Service or al- ternate agenm?.shall be final. h. Professional Employee's Right to Separate Unit. -?"roesienal"employees shall not be denied the right to be represented separately from non-professional -36- employees by a professional employees organization consisting of such rofessional employees. "Pro- fessional employees", for the purposes of this sec- tion, means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to physicians, registered nurses, engineers, architects, teachers, librarians, and various types of physical, chemical and biological scientists. In further definition, all of the follow- ing requirements are necessary in meeting the definition of professional employees: (1) His primary duty consists of work (a) requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, or (b) original and creative in character in a recognized field of artistic en- deavor, and the results of which depend primarily on the invention, imagination, or talent of the employee. 1_(2) His work requires the consistent exercise of discretion and judgment. (3) His work is predominantly intellectual and varied in character and the output or result cannot be standardized. (4) He does not devote more than 20 percent of his hours worked in a work week to activities not an essential paft of and necessarily incident to such professional duties. SEC. 1206 RECOGNIZED EMPLOYEE ORGANIZATIONS a. Petition. An employee organization that seeks certification as a recognized employee organization shall file a petition with the Personnel Officer. The petition shall identify the representation unit requested or established pursuant to Section 1205, for which petitioner seeks recognition, and shall in- clude a statement of reasons for the composition of the unit, including the community of interest. The petition shall be accompanied by all of the documents required'by Section 1204a, in request for registration. b. MJajority and Minority Petitions. The Personnel !'f icer shall determine the percent of proof of em- ployee approval greater than 50 percent of the - 37 - e. • employees within the representation unit shall be certified as a majority petition. A petition accom- panied by proof of employee approval of between 30 and 50 percent of the employees within the representa- tion unit shall be certified as a minority petition. c. Challenge, The Personnel Officer shall give written notice of his 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 with him. Within 30 days of the date of such notice, another employee organization may file a challenging petition seeking to become the recognized employee organization within the representation unit. d. Certification Without Election. If no challenging petition is filed -against a majority petition, the Personnel Officer shall certify the petitioner as the recognized employee organization of the representation unit. e. Election - Challenged Majority Petition. If a challeng- ing pet Lion is filed -against a majority petition and is accompanied by proof of employee approval equal to at least 30 percent of the employees within the repre- sentation unit, the Personnel Officer shall refer the matter in request for an election to the State Con- ciliation Service or their suggested alternate, who shall call and conduct a secret ballot election pur- suant to Section 1206g. f. Election - Minority Petition. If a minority petition is filed, the Personnel Officer shall, whether or not a challenging petition is filed, request the State Conciliation Service or their suggested alternate to conduct a secret ballot election pursuant to Section 1206g. If a challenging petition is filed against a minority petition and is accompanied by proof of employee approval equal to at least 10 percent of the employees within the representation unit, the election agency shall include the challenging employee organi- zation on the ballot. g. Election Procedure. Whenever an election agency calls an election pursuant to this Chapter, it shall include the choice of no organization on the ballot. Employees entitled to vote in a representation election shall be those employees within the representation unit whose names appeared on the payroll immediately prior to the date of election. An employee organization shall be -3.8- certified by the Personnel Officer as the recognized .employee organization within the representation unit if the majority of those casting valid ballots at the election chooses said organization. In an election where none of the choices receives a majority of the valid ballots cast, a run-off election shall be con- ducted between the two choices receiving the largest number of ballots cast. There shall be no more than one representation election in a 12 -month period within the same representation unit. h. Term of Certification. The initial term of certifica- tion for a recognized employee organization shall expire on the second September 1 following the date of initial certification. In the absence of decertification, the certification of the recognized employee organization shall continue from September 1 to September 1 there- after. . i. Decertification Procedure. A decertification petition may be filed with the Personnel Officer by employees or an employee organization to determine whether or not a recognized employee organization continues to represent a majority of the employees within the representation unit. Such petition must be accompanied by proof of employee approval equal to at least 30 percent of the employees within the representation unit. Such a pe- tition may be received by the Personnel Officer, only within the 90 day period immediately preceding an annual anniversary date of recognition. When such a valid petition has been filed, the State Conciliation Service or its suggested alternate, shall conduct an election to determine whether or not the incumbent recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification, or in appropriate cases if a majority vote for the petitioning organization. In the absence of decertification, the certification of the recognized employee organization shall continue on a year-to-year basis. SEC. 1207 RIGHTS, OBLIGATIONS AND LIMITATIONS a. Employee Organizations. Employee organizations may 'represent heir members in employment relations only in the matters and to -the extent provided by the Government Code of the State of California, - 39 - b. Unit Rek)resentatives. Upon prior agreement with the appropriate representatives of management, a reason- able number of employees may be designated by an employee organization to act as unit representatives. With advance permission, and conditions permitting, unit representatives may be given reasonable time away from their duties to act in representing an employee on matters within the scope of representation. Each employee organization shall provide the Personnel Officer with the name(s) of the person(s) currently authorized to represent such organization. c. Limitation: Management and Confidential Employees. No management or confidential -employee may be a member of an employee organization which represents other types of employees. d. Rules No Abrogation of Rights. By the adoption of t`Tie provisions of this Chapter, City Management shall not be deemed to abrogate its right to establish policy and procedure and make whatever changes it considers necessary for the good and efficient ser- vices of the City. The exclusive rights of City tanagement include, but are not limited to: determine the missions of its constituent departments, sections, groups, and individuals; set standards of services; determine the standards df'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 reasons; maintain the efficiency of governmental operations; determine the methods, means, time, and personnel by :rhich govern- ment operations are to be conducted; determine the con- tent of job classifications; take all necessary actions to carry out its missions and exercise complete con- trol and discretion over its organization and tech- nology of performing its work. e. Meet and Confer in Good Faith. Recognized employee organizations, only, shall have access to the meet and confer process. Upon request, representatives of a recognized employee organization shall have the right to meet and confer in good faith with the appropriate representatives of management regarding wages, hours,and other terms and conditions of employment. Repre- sentatives of recognized employee organizations may participate in such meetings without loss of compen- sation or other benefits. "Meet and confer in good faith" means the mutual obligation personally to meet - 46 - and confer in order to freely exchange information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representa- tion. If agreement is reached by management and a recognized employee organization, or recognized employee organi- zations, on matters subject to determination by the City Council, they shall jointly prepare a written memorandum of such understanding, which shall not be binding, and present it to the City Manager's Office. If agreement is reached on matters not subject to de- termination by the City Council, the appropriate re- presentatives of management and recognized employee organization, or recognized employee organizations shall jointly prepare a written memorandum of such agreement. f. Meet and Consult in Good Faith; Advance Notice. The City, through- its representatives, will consult in good faith with representatives of recognized em- ployee organizations. The City, through its repre- sentatives, may meet and consult in good faith with representatives of any registered employee organiza- tion, as may be deemed necessary or appropriate. All matters affecting employer -employee relations, :Including those not subject to the meet and confer process, are subject tc consultation. Each recognized employee organization affected shall be given reasonable advance written notice of any ordinance, resolution,. rule, or regulation or pro- posal directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet with the appropriate representatives of management prior to adoption. In cases of emergency when .the City Council or designated governing body determines that an ordin- ance, rule, resolution, or regulation relating to the scope of representation must be adopted immediately without prior notice or meeting with a recognized employee organization, management representatives shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution, or regulation. "Meet and consult in good faith," means to communi- cate verbally or in writing for the purpose of pre- senting and obtaining views or advising of intended actions or recommendations. - 41 g. l?►udgetar and Annual Items; Appro_pri Rte Subjects; Bu get Su mission Date. Those items wit'hin the scope of representation, relating but not limited to, the Compensation Plan, general fringe benefit items, and general items of hours and working conditions, any of which would usually affect broad categories of em- ployees, are appropriate subjects for either consul- tation in good faith or meeting and conferring in good faith only during the period between 150 and 60 days prior to budget submission date. If agreement on such issues between representatives of recognized employee organizations and representatives of manage- ment is not reached by 60 days prior to budget sub- mission date, the parties may mutually agree to resolve their differences under the manner provided for in Section 1208, For the purposes of this sec- tion, April 1 of each year shall be considered the budget submission date. h. Joint Meetings. In the interests of expediency, or for other reasons, management representatives may elect or require that the conduct of meeting and consulting or meeting and conferring be accomplished on a joint basis with any or ail of the several em- ployee organizations or recognized employee organi- zations that may exist. . Access of Organizations to Work Locations. Conditions permitting, representatives of am oyce nrganizaticrs are authorized access to City work locations for the purpose of conducting business within the scope of representation, with the provisions that: no dis- ruption of work is involved; the business at hand includes direct members of the particular employee organization; the business transacted is other than the recruiting of members or the collection of dues. 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, providing, such notices are stamped by the Personnel Division before posting. The notices are restricted to recreational and social affairs; election or appointment of officers and representatives, and notices of -meet- ings. Requests for the posting of other material shall be directed to the Personnel Division. -42- Prohibition: Recognizing Picket Line. Employees shall not have the right to recognize a picket line of a labor or employee organization while in the per- formance of their official duties. k. Adoption of Rules and Regulations. Any rules and regulations adopted to further the administration of employer -employee relations and for the implementation or clarification of the provisions of this Chapter shall be consistent with the Charter of the City of Palo Alto, the Palo Alto Municipal Code, and with the City's Merit System Rules and Regulations as es- tablished in these Rules and as may be further defined by administrative directives. SEC. 1208 IMPASSE PROCEDURES a. Mutual Agreement. If after a reasonable period of time the appropriate representatives of management and recognized employee organizations fail to reach agree- ment, 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 media- tion but are unable to agree on the mediator, the parties shall request the services of the State Conciliation Service or suitable alternate to provide a mediator. Costs of mediation shall be divided one- half to the City, and one-half to the recognized em- ployee organization or recognized employee organizations. The mediator or mediating agency shall make no public recommendations nor rake any public position concerning the issues, but shall work directly with .the parties involved. CHAPTER 13 -- MISCELLANEOUS SEC. 1301 REPORTS OF CHANGE OF STATUS All actions involving employment and change in status of employment shall be reported by the appointing authority to the Personnel Division on forms prescribed for that purpose. Copies of such reports shall be furnished to the employee involved. SEC. 1302 DAMAGE CLAIMS Any employee of the City of Palo Alto filing suit for damages arising from occupational injury shall notify the Controller of the amount of damages collected from such suits in order that all expenses paid by the City may be recovered. SEC. 1303 GRATUITIES No officer or employee of the City shall solicit or accept any gratuity for services rendered. SEC. 1304 OUTSIDE EMPLOYMENT All regular and part-time employees wishing to engage in outside employment shall obtain approval to engage in outside employment each year from their department head in the manner and at the times set by the City Manager in administrative rules and procedures. Such approval may be denied if in the opinion of the department head such outside employment is incompatible with the proper discharge of the employees official duties or would tend to impair his independence of judgment or action in the performance of his official duties. All such approvals shall be subject to review by the City Manager. SEC. 1305 UNIFORM ALLOWANCE Qualified full-time police, fire, animal shelter and Foot- hill Park personnel required to wear dress uniforms in the performance of their duties shall receive a uniform allowance as provided in the Compensation Plan. Such allowances are to be used to acquire and maintain the specific departmental uniform in a neat and proper manner. The City Manager shall establish administrative rules and procedures for the administration of the uniform allowance program. SEC. 1306 POLITICAL ACTIVITY The political activity of City employees shall comply with pertinent provisions of State law. -44- s SEC. 1307 CONFLICTS OF INTEREST No employee, whether paid or unpaid, shall engage in any, business transaction or shall have a financial interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties.