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HomeMy WebLinkAboutRESO 4372q ORIGINAL RESOLUTION NO. 4372 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING MERIT SYSTEM RULES AND REGULATIONS AND RESCINDING RESOLUTIONS 4268 AND 4320 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 June 23, 1969 by Resolution No. 4268 and amended said Merit System Rules and Regulations by Resolution No. 4320 on December 15, 1969; and WHEREAS, the Council of the City of Palo Alto desires to continue equitable and uniform procedures for dealing with personnel matters, and continue to place municipal employment on a merit basis so that the most qualified available people may be brought into the municipal service, while adopting necessary changes and modifications to such Merit System Rules and Regulations. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. That the Merit System Rules and Regulations attached hereto as EXHIBIT A and by reference made a part hereof are hereby adopted. SECTION 2. Resolutions 4268 and 4320, adopted June 23, 1969 and December 15, 1969, respectively, are hereby rescinded; provided, however, that the changes provided for in this resolution shall not affect any right established or accrued or any offense or act committed, or any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 forfeiture • • incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 3. This resolution shall become effective August 24, 1970. INTRODUCED AND PASSED: August 17, 1970 AYES: Arnold, Berwald, Clark Comstock, Dias, Gallagher, Norton, Pearson, Spaeth, Wheatley NOES: None ABSENT: Beahrs ATTEST: 1 AP OVED : C ty C er L APPROVED A5 TO FORM: sistant A/.1 orne Sr,• ty Y APPROVED: ger Cij ;,f. City Mar Ma or city of palo alto MERIT SYSTEM rules and regulations 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 ACTION CHAPTER 11 GRIEVANCE PROCEDURE CHAPTER 12 EMPLOYER AND EMPLOYEE RELATIONS AND EMPLOYEE REPRESENTATIVES CHAPTER 13 MISCELLANEOUS EFFECTIVE ift„3, ippo RESOLUTION NO. 1/43 ?,2 • CHAPTER 1_ GENERAL. Sections: 101 102 103 104 105 106 107 108 Adoption of rules and regulations. Powers of the city manager. Administration of the merit system. Purpose and policy. Personnel policy. Merit system application; exceptions. Employment constitutes acceptance of rules. Conflict with charter. 101. Adoption of rules and regulations. The following rules anUregulations have been approved -by t' a 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 qualified available people may. be brought into the municipal service. 102. Powers of the city manager. In accordance with the provisions of Section 6 (cr of Article TV 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 department heads the authority to appoint persons to the municipal service. 103. Administration of the merit system. The merit system established by the city council under the provisions of Sec- tion.2.36.010 of the Palo Alto Municipal Code and these rules and regulations shall be administered by the city manager. 104. Purpose and olicy. The objective of these rules and r ulations is to facilitate effective and economical services to the public and to provide for a fair and equitable system of personnel management 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. 105. Personnel poll . It is-nareby the declared personnel policy of the City of Palo Alto that: is) Employment and promotion by the City of -Palo Alto shall be based on merit and fitness, free of personal and political considerations, and in no way shall be affected or influenced ,y race, religious creed, color, national origin or ancestry. (b) The California Fair Employment Practices Act shall govern all city employment and employment practices. (c) Tenure of employees covered by these rules shall be sub - Jett to good behavior, satisfactory work performance, nec- essity for the performance of work and the availability of funds. 1016. Merit system application; exceptions. The merit system and these rules and regalations shall appFy_ to all offices, positions and employments in the service of the city except: (a) elective offices; (b) portions 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 compensation from the city. 107. Employment constitutes acceptance of rules. In accept- %ng`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 procedures established by the city manager pursuant thereto and rules, regulations and directives of the department in which he is employed. 108. Conflict with charter. None of the merit system rules ai-a-regu a ons, a n s ra ve rules and procedures established by the city manager or departmental rules, regulations or direc- tives shall conflict with nor supersede any provisions of the charter of the City of Palo Alto, and in the event of any con- flict it shall -be __ resolved in favor of the charter. CHAPTAR 2 DEFINITIONS 1 Sections: 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 Definitions generally. Appointing, authority. Classification plan. Continuous service. Discharge. Disciplinary, probation. Demotion. Interrupted service. Non -pay. status. Pay status. Promotion. Salary range. Salary schedule. Shift personnel. Suspension. Sworn personnel. Termination. 201. Definitions generally. For the purpose of these rules and regulations, unless it isplainly evident from the context that a different meaning is intended, certain. terms used herein shall have the definitions ascribed tothem in this chapter. 202. Appointing authority. The term "appointing authority" Min mean the City manager.^ The city manager may delegate his power to appoint and remove employees for cause to. any. or all department heads. 203. Classification plan. The term "classification_plan" Sail mean a list ol titles_ of the classes of all regular and part-time positions in the municipal service and a written specification defining each class. The class specification shall include a summary statement of duties and responsibilities, and minimum or desirable qualifications for appointment, and may include such other pertinent information as the director of personnel services may deem desirable. . 204. Continuous service. The term "continuous service" shall mean emplByment on a regular or part-time basis which is not interrupted by termination, or leaves of absence without pay for a period in excess of one year, other than military leave. 205. :Discharge. The term "discharge" shall Mean Cisciplinary to "zination . 1111. 3 1 i 1 1 1 1 1 1 1 1 1 206. Disciplinary robation. The term "diciplinary Rrobation" Mil a form of aiscipTinary action, as distinguished from probation for new employees 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. 207. Demotion. The term "demotion" shall mean the movement o an ethj1oyee from one class to another class having a lower maximwn rate of pay. 209. Interr pted service. The term'"interrupted service" shall mean regular or part-time employment in a non -pay status which is greater than thirty continuous calendar days but less than one year in duration. 209. Non -pay status. The term "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. 210. Pay status. The term "pay status" shall mean'the period in which an employee is at work, on vacation, sick leave, com- pensation leave as the result of an industrial accident, leave with full pay in lieu of temporary disability benefits, com- pensatory time off, paid temporary military, leave of absence, or on an approved leave of absence with pay. 211. Promotion. The term "promotion" shall mean the movement. emp oyee rom one class to another class having.a higher maximum rate of pay. 212. Salary range. The term "salary range" shall mean a series of progressive salary steps having a minimum and a maxi- mum. 213. Salary schedule. The term "salary schedule" shall mean a schedule of salaries assigned to specific positions in the municipal service. 214. Shift personnel. The term "shift personnel" shall mean personnel of the Fire Department whose duty assigrmentis for twenty-four consecutive hours with the following twenty-four or more hours being scheduled for off -duty before another assignment is commenced. 215. -Suskension. The term "suspension" shall mean the tem- porary removal or an employee from a pay status for reasons of pending disciplinary action, for disciplinary action, for disciplinary reasons, or for other just cause. 1 - 4 216. Swornpersonnel. The term "sworn personnel" shall mean Police Service personnel authorized to carry out police powers. 217. Termination. The term "termination" shall mean the separat of n o an employee from municipal service. Termination may be by death, die -Large, lay off, resignation, retirement, work completion, lack of work or funds, or for non -disciplinary reasons as specified in Section 403. 5 CHAPTER 3 EMPLOYMENT Sections: 301 302 303 304 305 306 307 308 309 310 311 312 State requireents. Recruitment. Application. Selection process. Classes of appointment. Reappointments. Continued employment. Transfer. Promotion. Demotion. Suspension. Reinstatement. 301. State requirements. - Employment is open to qualified men and women who meet requirements for public employment as provided by laws of the State of California. 302. Recruitment. Recruitment for qualified applicants will EF a continuing process in order that, where possible, the city will have available applications of interested, qualified persons for possible employment. Notices of employment op- portunities may be placed in newspapers, magazines, announce- ments, or given to reputable agencies offering those services which it is felt will bring response from qualified persons. 303. Application. All candidates for employment shall file arity of Palo Alto application form with the personnel divi- sion. 304. Selection process. The selection process may consist o such recogniz techniques as achievement tests, aptitude tests, evaluation of ability, personality and background through personal interviews, 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 shall be affected or influenced by race, religious creed, color, national origin or ancestry. In the event written examinations are given, a candi- date 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 are most qualified for the position under consideration and notify the personnel division immediately_ of the appointment. 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 con- firming the appointment. 305. `Classes of apointment. Employment in the municipal service is dividear into Ile following classes: (a) Regular. Appointment on a full-time basis in an author- ized position. Personsappointed to the positions of city attorney, city clerk, city controller and city manager shall be considered as regular appointments and shall be subject to all of the provisicxis of these rules and regulations except chapters 9, 10, and 11.. (b) Part-time. Appointment on a part-time basis in an author- ized posit on. (c) Special. Appointment to a temporary_ position- for a•period not exceeding one year. (d) Casual. Appointment on an "as needed" basis for work which is `anticipated to be of a temporary_or intermittent nature either on a full-time or part-time basis. The status of those employees in this employment class shall be reviewed after six months to determine whether or not continuation of employ- ment is desired. 306. .-Reappointments. Reappointment after termination will be considered as new employment. _ 307. Continued employment. Continued employment of employees wiEh the City of Palo Alto shall be subject to food behavior, satisfactory work performance, necessity_ for t':e performance of work and the availability. of funds. 308. Transfer. Any employee may be, transferred from one artment or ivision to another. 309. --:Promotion. Because it is the policy of the City of F To Alto to encourage the advancement of personnel within the organization, promotion selection for vacancies will be con- ducted as the needs of the city require. Promotional oppor- tunities in which interdepartmental transfers are possible will be posted on bulletin boards selected by the personnel division atleast five working days before the selection is made. Promotional examinations may be conducted as the need arises. -. 310. Demotion. The appointing authority may demote an employee w dser-ability to perform his required duties falls below acceptable standards, 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 doesnotpossess the minimum qualifications. When the action is initiated by the appointing authority,, written notice of demotion shall be given an employee at least five days before the effective date of the demotion. An employee may appeal such action in the manner provided in Section 1004, et seq. 311-. 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. Written notice of suspension shall be given an employee within a reasonable period of time after such action. (b) By department head. Department heads may suspend an employee for reasons as stated in (a) above for not more than three days at any one time without the approval of the city manager. Written notice of suspension shall be given an employee within a reasonable period after such action. An em:,loyee may appeal such action in the manner provided in Section 1004, et seq. 312. Reinstateihent.'.The city manager may reinstate any sus- pended 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 Sections: 401 402 403 404 405 406 407 Resignation Termination Termination Termination Retircueiic; Retirement; Retirement; ; lack of work or funds. ; non -disciplinary action. disciplinary action. applicable regulations. miscellaneous employees. public safety -employees. 401. Resignation. An employee wishing to leave the service o t -he city in good standing either by resignation or retire- ment shall give the department concerned at least two weeks notice. Employees giving such notice will be allowed to remain on pay status for at least two weeks, provided that merit system and department rules and regulations are observed. 402. • Termination; lack of work or funds. An.employee.may_be to urinated by the appointing authority_ •ecause og changes in duties or organization, abolition of position, shortage of work or funds, or completion of work for which employment was made. If the work force is reduced in a department for any of these reasons, those employees retained must be fully qualified, trained, and capable to perform remaining.work. So long as this basic requirement is met, early employment date will be considered in retaining employees. In cases involving regular or part-time appointments only, notice of termination will be given to the employee at least two weeks prior to the effective date of termination. 403. Termination; non -disci lliinery action. An employee may Se -Terminated -by the appointing, auu ..iority at any time, for cause or for the convenience of the city. Such cause shall be other than cause for disciplinary_ action, and shal_ 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 Chapter 11. 404. Termination; disciplinary action. An employee may be terminated at any time as disciplinary action as provided in Chapter 10 of these rules. 405. Retirement; applicable regulations. Retirement from t lmunicipal 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. • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 406. Retirement; miscellaneous employees. All employees 06 -are class died as "MisciIianeous Members" by the Cali- fornia Public Employees' Retirement System shall be governed by the following retirement policy: (a) Employees attaining the age of sixty-five years shall retire from the municipal service. (b) The city manager, when he deems it to be in the best interest of the municipal service, may retain a miscellaneous employee who has attained the age of sixty-five; however, such employee may not be retained after attaining age seventy. (c) Officers appointed by the city council may, by specific authorization of that body, be permitted to serve beyond age sixty-five, but under no circumstances beyond age seventy. 407. Retirement; public safety employees. All employees who are classified -as 'Public Safety Members" by the Cali- fornia Public Employees' Retirement System shall be governed by the following retirement policy: (a) Employees attaining the age of fifty-five years shall retire from the municipal service. (b) The city manager, when he deems it to be in the best interests of the municipal service, may retain a public safety member who has attained the age of fifty-five years; however, such employee may not be retained after he has attained age sixty-five. - 10 - • • CHAPTER 5 HOURS AND COMPENSATION Sections: 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 Compensation plan and classification plan. Administration of classification plan and compensation plan. Merit advancement. Special penalty decrease. Standard work periods. Exceptions to normal working hours. Attendance. Pay periods. Overtime policy; definition. Overtime compensation and computation. Minimum call out pay.. Standby compensation. Overtime; eligibility. Overtime compensation not applicable. Overtime compensation exception; police service. Overtime compensation exception; fire service. Overtime; conditions of local peril or disaster. Deductions. Paid holidays. Compensation for work on paid holidays. 501. Com ensataon plan and classification plan. The compens- at n p an s a provide for salary schedules,: salary rates, salary ranges and steps and time intervals for salary review. Each position within the municipal service shall be allocated 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 compensation plan. All persons entering the municipal service shall be compensated in accordance with the compensation plan then in effect. 502. Administration of classification plan and compensation fT. The city council shall administer the compensation or 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 personnel or when it appears thatthe education or experience of a proposed employee is substantially superior .to the mini- mum requirements of the class and justifies a beginning salary in excess of the first step. 503. Merit advancement. An employee may be considered for meat salary advancement 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 performance 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 step time requirements, time will commence on the first day of the month coinciding with o. fol- lowing entrance onto a salary step. Merit salary increases will be effective on the first day of the payroll period in which the time requirement has been met. A promoted employee may, upon departmental recommendation and city manager approval, retain his previous merit salary review date. 504. Special penalty decrease. The salary of any employee mayTe decreased at any time to a lower salary within the salary range by the city manager upon the recommendation of the depart- ment head that the quantity, quality or manner of performance of services do not justify the salary being received. 505. Standard work periods. The standard work day for regu- Ia= employees shall be eight hours and the standard work week shall be forty hours to be worked within five 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 consecutive hours. The standard duty week for such fire service shift personnel shall be fifty-eight on -duty shift hours when averaged over a one year period. After October 1, 1970, the standard duty week for such fire shift personnel shall be fifty-six on -duty shift hours when averaged over a one year perod. The work day for special, part-time, and casual employees shall be such as is established and directed by the appoi"ting authority. 506. Exce Lions to normal workin hours. The city manager is riereby au oriz to es gnats of er wor ing hours for employees in emergency situations or when the best interests of the city may be served by such readjustment of standard work hours. 507. Attendance. Employees shall be in attendance at their ZIT or assigned duties at the time and place prescribed by the department to which they are assigned. Each department shall keep attendance records of all employees and make reports of the same to the city controller in the form and on the dates he shall prescribe. - 12 - 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 508, Pay eeriods. The pay period for all employees shall be Fri -weekly. aIaries 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 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 hours of the date of termination and upon written clearance 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. 509. Overtime policy; definition. It is the policy of the cry 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 .>peration of the several departments and -activities of the city, and shall be authorized only under such administrative rules and procedures -as -the -city manager may prescribe. Overtime work for all employees except as otherwise provided shall be'defined as any time worked beyond an eight hour day or beyond five consecutive eight hour days. Time worked in excess of five consecutive eight 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 completed, whichever is the earlier. 510.• •Overtime compensation and computation. Compensation [ 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 of compensating for overtime, the time off will be taken within the quarter following the quarter of the year in which overtime has been worked. In the event the employee is denied this pro- vision, he will be compensated in pay for such tame at the appropriate rate specified by these sections, Exceptions -_to this procedure will be made only upon written authorization of the city manager. - 13 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 511. Minimum call out pay. Employees not otherwise excluded 713m receiving overtime pay who are called out to perform unscheduled work shall be compensated for at least two hours' pay for each occurrence at the appropriate overtime rate. This provision does not apply to employees called out to work while earning pay for being in a standby status. 512. Standb corn ensation. Compensation for regularly esta- blished on -ca status or special call-up status shall be in an amount set forth in the compensation plan. 513. Overtime; eligibility. Employees who hold casual or part-time appointments will not be eligible for overtime com- pensation, but will be compensated for all work performed at their established rate of pay. Under conditions which he may consider appropriate the city manager may authorize overtime compensation for employees holding special appointments. 514. -Overtime compensation not applicable. Overtime com- pensation provisions shall not apply to council -appointed officers, department or division heads, nor certain other positions designated in the administrative manual. Such personnel are compensated on the basis of responsibilities and characteristics of duties performed and are considered to work the minimum established work week. In the event depart- °, ment pi division operations require extraordinary work assign- ments for an employee so designated, he may_be,authorized time off with pay by his department head, not exceeding two working days in any one pay period. Compensatory time off. in excess of two days under these circumstances must be author- ized and approved in advance in writing by. the city manager. 515. Overtime compensation exception; police service. Any sworn police personnel appearing in court for the people during off -duty hours shall receive compensation at the rate set forth in the compensation plan. Any sworn police personnel subpenaed to appear in court shall be compensated in accordance with State law. 516-. - ._ Overtime compensation exception; fire service. Overtime c pensation 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 sdedule shall. receive overtime compensation on the following basis: One and one-half times the employee's basic hourly salary for the first twelve hours . *Defeo The remaining hours of the shift will be compensated 734. at the employee's basic hourly salary. (b) Shift personnel called and ordered to report for fire emergency duty during off -duty time shall be compensated at the rate of one and one-half times the employee's basic hourly salary computed on a forty -hour per week basis, or compensatory time off,equiva.ent to the overtime hours worked. - 14 - (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 continuous hour after the normal duty schedule has been completed, If such an occasion arises, all continuous overtime duty after the one hour period shall be compensated as provided in paragraph (a) above, 517. Overtime; conditions of local peril or disaster. In case of disaster, sf_ate of extreme emergency_ or. i©cal peril, or in other special and abnormal situations, the overtime procedures herein established may be modified by the city manager and compensation procedures will be determined at that time for such conditions. 518, Deductions. Deductions from employee's pay shall be mare in accor ance with. prevailing taws, contracts and adminis- trative rules and procedures established by_the city manager. 519. Paid holidays. (a) Regular holidays for pay purposes. he f T ollowing_ 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 pro- vided in these rules: January 1st ' September 9th February.22nd October 12th May 30th November llth July 4th% Thanksgiving. Day and the Labor Day. day following_ December 25th Effective January 1, 1971,and thereafter, the following days will be recognized as municipal holidays. for. pay purposes, and regular, part-time, and special employees will have these days off with pay except as otherwise provided in these rules: January 1' . September 9 ` Third Monday in February Second Monday in October. Last Monday in May Fourth Monday in October July 4th Thanksgiving Days First Monday in September Day after Thanksgiving Day; 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 holiday for pay purposes. (b) Other special days. Whenever the mayor suspends municipal business pursuant to Section 2.08.100(b) of the Palo Alto Muni- cipal Code-, the city manager shall be authorized to excuse personnel whose duties permit them to be absent, with pay. - 15 - 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 authorizes to excuse personnel whose duties permit them to be absent, with pay, for one-half work day on the afternoon of December 24 or December 31 of each year. 520. Compensation for work on paid holidays. (a) Emplo ees not normally required to work on paid Kiofida s. A regu ar, part-time or special employee -whose duties do not normally require him to work on paid holidays enumerated' in Section 519(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 holiday work. A regular, part-time or special employee whose duties normally require him to work on paid holidays enumerated in Section 519Ashall be compensated for all such holidays and shall receive additional compensation 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 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 employees. 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 519. (e) Em 10 ees assi ed da s off other than Saturday. or Sunday. An emp ogee w ose wor sc u e requ res at s regu ar 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. - 16 - CHAPTER 6 SICK LEAVE Sections: 601 602 603 604 605 606 607 608 609 610 Statement of Eligibility. Accrual. Accumulation. Use. Depletion of sick leave benefits. Personal business leave chargeable to sick leave. Forfeiture upon termination. Payment for accumulated sick leave Sick leave procedures. 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. Up to five days sick leave per year may be used for illness in the immediate family as defined in Chapter 8. Total sick leave accrual will not change. policy. 602. Eligibility. Regular and part-time employees shall be eligible to accrue and use sick leave. 603. Accrual. Sick leave shall be accrued bi-weekly provided tTie employee bias been in a pay status for 50% or more of a bi- weekly pay period. Sick leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period for those employees working a forty -hour duty schedule. Those assigned work schedules which are greater or lesser than forty hours will accrue sick leave at the ratio of their work schedule to forty hours. 604. Accumulation. Accrued sick leave may be accumulated without limit. 605. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary for him to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he should cause the facts to be reported to the de- partment within one hour after his regular starting time on • the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. 606. Depletion of sick leave benefits. Upon depletion of accumulated sick -leave an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he must request 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 days. If further leave is not granted, the employee's service with the city shall be consider- ed terminated. 607. Personal business leave chargeable to sick leave. Depart- ment 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 calendar period of one year shall not exceed twelve hours per employee. 608. Forfeiture upon termination. Employees leaving the muni- ipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and by Section 609. In the event that notice of resi4nation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. 609. Payment for accumulated sick leave. Eligible employees wFio leave the municipal service in good standing, or who die while employed in good standing by the city, and,,,ho have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in•a sum equal to two and one-half percent of their unused sick leave hours multiplied bytheir years of continuous service and their basic hourly rate of pay at termina- tion. Full sick leave accrual will'be paid in the event of termination due to disability. 610. Sick leave procedures. The city manager shall establish controls and procedures for the administration of sick leave use. CHAPTER 7 VACATION LEAVE Sections: 701 702 703 704 705 706 707 708 Eligibility. Vacation accrual. Cessation of accrual. Holidays falling during vacation. Use of vacation. Vacation at termination. Vacation benefits for deceased employees. Effect of extended military leave. 701. Eligibility. (a) Regular employees. Regular employees Will be eligible 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 computed 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. 702. Vacation accrual._ Vacation will be accrued when an em - p oyee is in pay status and will be credited onta bi-weekly basis. Such accrual and credit may not exceed twice the annual rata of accrual. Each el Bible employee shall accrue vacation at the following rate for continuous service performed in pay status: --(a) Less than four years. For employees completing less than four years continuous service: two calendar weeks vacation leave per year. (b) Four, but less than fourteen years. . For employees com- pleting four, but not more than fourteen years continuous service: three calendarweeks vacation leave per year. (c) Fourteen or more years. For employees completing fourteen or more years` continuous service: four calendar weeks vacation leave per year. All eligible fire suppression shift employees shall accrue vacation at the following rate for continuous service performed in pay status: (a) Less than four years. For employees completing less than four years continuous service: five duty shifts per year for vacation leave. (b) Four but less than fourteen years. For employees com- pleting four but not more than fourteen years continuous service: eight duty shifts per year for vacation leave. (c) Fourteen or more years. For employees completing fourteen or more years continuous service: ten duty shifts per year for vacation leave. -19- i •. After October 1, 1970, all eligible fire suppression shift employees completing four but not more than fourteen years continuous service shall accrue seven and one --half duty shifts per year for vacation leave. 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. 704. Holidays falling during vacation. In. the event a city h-oliday 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 520) an additional work day for each such holiday shall be added to the vacation leave. 705. Use of vacation. (a) When to be taken. The time at ;inch 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, consideringthe wishes of the employee. (b) Limitation on..use. Employees may not use more than their annual rate of accrual iTi any calendar year period, provided, however, that a department head may grant exceptions to this limitation. (c) Waiting period. Employees shall complete six 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 week; however, with approval of his department head, an employee may use one week of his accrued vacation in any calendar year in units of less than one work week, but in no instance in units less than one-half of the normal workday or shift. Requests for exception to this procedure must be approved by the city manager. 706. Vacation at termination. Employees leaving the municipal service with accrued vacation leave and who give at least two weeks notice of their intention to terminate shall be paid the amounts of accrued vacation to the date of termination. An employee. e-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 months' continuous service shall not be compensated for accrued vacation. 1 1 1 1 1 t 1 1 1 1 i 1 1 1 1 1 1 1 1 • • 707. Vacation benefits for deceased employees. .An employee w7/E 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 days. This proration will be computed at his last basic rate of pay. 708. Effect of extended military leave. An employee who inter- rupts his service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. - 21- CHAPTER 8 OTHER LEAVES OF ABSENCE Sections: 801 802 803 804 805 806 807 808 809 810 Leave of absence without pay. Absence without leave. Leave of absence; death in immediate family. Leave of absence; death outside the immediate family. Military leave of absence. Employee's time off to vote. Jury duty; leave of absence. Leave of absence with pay. Educational leave of absence with pay. Subpoenas; leave of absence. 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 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 week's duration may be granted by the city manager on the merit of the case, but such leave shall not exceed twelve months' duration. 802. Absence without leave. Unauthorized leave of absence - Will be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. 803. Leave of absences death in immediate family. Leave of absence with pay ofthree days 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 purposes of this section as wife, husband, son, daughter, father, mother, brother, sister, mother-in-law, father-in-law, 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 three days shall be subject to the approval of the city manager. 804. Leave of absences death outside theimmediatefamily. 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 - - 22 - • • 805. Military leave of absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. 806. Employee's time off to vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. 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 dity all fees received for such duties other than mileage or subsistence allowances within thirty dais from the termination of his jury service. 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 calendar days for reasons he deems adequate and in the best interests of the eity. The city council may grant a regular or part-time employee a leave of absence with pay for a period not to exceed one year for reasons the council considers adequate and in the best interests of the city. • 809. Educational leave of absence with pay. Leave of absence with pay for educational improvement may be granted by the city manager in conformance with appropriate administrative directives. 810. Subpoenas; leave of absence. Regular, special, or part - t me 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 assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty days from the termination of his services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. • • CHAPTER 9 PROBATIONARY STATUS Sections: 901 902 903 904 Probationary period. Objective of probationary period. Employee performance reports. Rejection of probationer. 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 six months for miscellaneous employees or twelve months for public safety employees. "Miscellaneous employees" and "public safety employees" shall be as defined in Sections 20018 and 20019, respectively, of the Government Code of the State of California. 902. Objective of Rrobationary Period. The probationary period shat be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. 903. Em to ee erformance re rts. A report of performance 3T -each pro ationary emp oyee s a e made by the department head and shown to the probationary employee on or before expiration of the probationary period. 904. Rejection of probationer. During the probationary period a new 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. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 Sections: 1001 1002 1003 1004 • 1 CHAPTER 10 DISCIPLINARY ACTION Disciplinary action; definition. Causes for disciplinary action. Persons by whom disciplinary action may be taken; notice; service; contents. Right of appeal; form. 1001. Disciplinary action; definition. As used in this chapter, "c ciplinary action" shall mean discharge, reduction in salary, reprimand, disciplinary probation or suspension. 1002. Causes for disciplinary action. Causes for disciplinary a tc ion against any employee may include, but shall not be limited to, the following: (a) Fraud in securing appointment. (b) Inexcusable neglect of duty. (c) Violation of safety rules. (d) Tardiness. (e) Possession, or under the influence of alcoholic beverages, non prescription or unauthorized narcotics or dangerous drugs during working hours. (f) Refusal or failure to perform work assigned. (g) Unauthorized soliciting on city property. (h) Unauthorized absence. (i) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. (j) Overstaying lunch period or relief. (k) Offensive treatment of the public or other employees. (1) Falsifying time card. (m) Disobedience to proper authority. (n) Misuse of city property. (o) Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. (p) Falsification of city records. (q) Refusal to take or subscribe to any oath or affirmation which is required by law in connection with his employment. (r) Assault. (s) Fighting. (t) Theft. (u) Sleeping on the job. 1003. Persons by whom disciplinary action may be taken; notice; service; contents. Any authorized management employee may take disciplinary action for cause against an employee under his control 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 calendar days after the date of such - 25 - action. The notice shall he 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 act or omissions upon which the causes are based. (e) A statement advising the employee of his right to appeal from such action. 1004. Right of appeal; form. Any employee shall have the right o'"appeal from any disciplinary action taken under Section 1003. Such appeal must be filed and processed through the grievance procedure specified in Chapter 11. CHAPTER 11 GRIEVANCE PROCEDURE Sections: 1101 Definition. 1102 Conduct of grievance procedure. 1103 Grievance procedure. 1101. 'Definition. A grievance is an unresolved complaint ar spute regarding the application or interpretation of rules, regulations, policies, or procedures relating to terms or conditions of employment, wages or fringe benefits. 1102. Conduct of grievance procedure. (a) An aggrieved e plbyee yma a represented by his recognized employee organi- zation or may represent himself in preparing and presenting his grievance at any level Of review. (b) The employee and his representative, if any, may use a reasonable amount of work time, as determined by the appro- priate management supervisor, in conferring about and pre- senting a grievance. (c) Any retroactivity on monetary grievances shall be limited to the date the grievance was filed in writing except in cases where it was impossible for the employee tohave had prior knowledge of an accounting error. (d) The time limits specified in.this chapter may be extended by mutual agreement of the aggrieved employee and the reviewer concerned. (e) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may -immediately appeal to the next step. (f) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit. 1103. —Grievance Procedure. Ste. �I The aggrievedemaployee will, first attempt to resolve tTiegrievance through informal discussions with his immediate supervisor by the end of the .third calendar day following the incident upon which the grievance is based. Every attempt will'be made to settle the Josue at this level. Step xi If the grievance is not resolved through the informal discussions, the employee will reduce the grievance to writing and submit copie to his division head or equivalent level management employee and the director of personnel services within three calendar days of the discussion with his immediate supervisor. - 27 - The division head shall have five calendar days from the receipt of a written grievance to review the matter and prepare a written response. Ste III If, the grievance is not resolved at Step II, the waged employee may appeal to his department head in writing thin three calendar days of the receipt of the division head's response. The department head shall have five calendar days from the receipt of a written grievance to review the matter and preparea written response. .-ste •rt7 If the grievance is not resolved in Step III, the aggr eved employee may appeal the decision of his department head to the city' manager in writing within three calendar days of the'receipt of the department head's response. If the employee wishes to have. the grievance reviewed by a fact -finder, he must so indicate in his appeal to the city manager. If the aggrieved employee elects to submit the grievance to fact-finding, the parties shall mutually request a panel -of five fact -finders from the American Arbitration Association before the end of the fifth calendar day following the receipt of employee's appeal. Parties shall, upon the receipt of such panel from the American Arbitration Association, alternately strike the names of the fact -finders submitted. The last remaining name not struck from the list shall be named the fact -finder. The fact -finder shall determine the facts of the grievance' and submit a report of his findings -along with the recommendation -for settlement within ten calendar days from his appointtnentto the case. Copies of the fact-finding report and recommendations shall be submitted to the city manager and the aggrieved employee. All direct costs emanating from the fact-finding procedure shall: be shared equally by the city -and the aggrieved_employee.• Upon.receipt of the employee's appeal and, if applicable, the fact -finder's conclusions. and recommendations, the city manager may•elect the methods he. considers appropriate to review and settle the grievance. He.shall render a written decision to all parties directly involved within fifteen calendar -days after receiving the employee's appeal or, if the fact-finding procedure .was utilized, after receipt of the tact -finder's report If•the.grievance results from disciplinary action taken against the aggrieved employee, and steps.I through III of the grievance procedure have been exhausted, the city manager shall'conduct a hearing within thirty days of the receipt of the employee's appeal or fact -finder's report if fact-finding has been requested. The city manager May continue the hearing either -for the convenience of the city or. upon. written appli- cation of the employee for a period not to exceed an additional thirty'days. Written notice of the time and place of the hearing, and any continuance thereof, shall be given to the employee. Such hearings shall be conducted in accordance -28- • • with the provisions of Section 11513 of the Government Code of the State of California, except that the employee and other persons may be examined as provided in Section 19580 of. said Government Code, the employee may be represented by an attorney, and the parties may submit all proper and competent evidence against or in support of the causes. The city manager shall render a written decision within fifteen days after concluding the hearing. CHAPTER 12 EMPLOYER AND EMPLOYEE RELATIONS AND. EMPLOYEE. REPRESENTATIVES. Sections: - 1201 Right to join or abstain. 1202 Right to choose representation. 1203 Definitions. 1204 Registration of employee organizations. 1205 Representation units. 1206 Recognized employee organizations. 1207 Rights, obligations and limitations. 1208 Impasse procedures. 1201. Right to join or. abstain. In the interest of improving the efficiency of city _services and the promotion of sound per- sonnel management, it 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 establishing 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. 1202. Right to choose representation. Employees of the city 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 Codeof the state of California. Employees of the city of Palo Alto shall have the right to refuse to join or participate in the activi- ties of any employee organization and shall have the right to represent themselves individually in their employment relations with the city. 1203. Definitions. ' (a). Esipioyee. The term "employee" shall mean any regular or part-time employee, as defined in these rules and regulations. (b) Employee organization. The term "employeeorganization" shall mean any organization which 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 director of personnel services as provided for in Section 1204. (c) Recognized -employee organization. The term "recognized employee organization shall mean an employee organization that has been registered pursuant to Section 1204, and has been certified pursuant to Section 1206. (d) Scope of representation. The term "scope of representation" shall pertain to matters relating to wages, hours, and other terms and conditions of employment. -30- • (e) Mama ement; mana ement em to ee. The terms "management" or "management emp oyee shall mean 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 effectively to recommend such action. (f) Management representative. The term "management representative" shall mean 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 whom employees of the fire department or any other department or division of the city or employee organi- zations may address griGvances and recommendations regarding wages, salaries, hours and working conditions. 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. (g) Confidential employee. The term "confidential employee" shall mean an employee who is privy to decisions of city manage- ment affecting employee relations. (h) Proof of employee -approval. "Proof of employeeapproval" 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 authorization 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 authorization card presentation, shall be accepted as proof of employee approval. Thetotalnumber of employees in a proposed representation unit shall be determined by using the council -approved city budget, adjusted to reflect the positions actually occupied as of the date of the petition and excluding such classifications or individuals as may be limited from. membership in the unit -by the provisions of this chapter. (i) Days. The term "days" shall mean calendar days. (j) Mediation. The term "mediation" shall mean the process by which an impartial third party assists the parties in reconciling a dispute regarding wages, hours, and other terms and conditions of -employment between representatives of manage- ment and the recognized employee organization. 1204. Registration of -employee organizations.. (a)- Application -FEZ-registration. An organization that desires to be registered as an employee organization:shall file with the director of personnel services the following documents, signed by its pre- siding officer, showing: - 31 1 1 1 i 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 • (1) Nar,. .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 organization which may be shown by signed and dated signatures on a petition or on.authorization cards. (5) A statement that the organization has no restriction on membership based on race, color, creed, national origin or sex. (6) A designation of those persons, not exceeding three in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the organization for all purposes. (b) Registration. Upon receipt and verification of all the information required by Section 1204(a), the director of personnel services shall, in writing, notify the organization that it has been registered as an employee organization. A copy of this notice shall be filed with the city manager's office. (c) Organizational changes. A registered employee organization shall notify the director of personnel services of any change the organization makes in those items required by Section 1204(a) (1), (2) and (6) in writing within ten days of any such change. 1205. Representation units. (a) Ap?ropriateness-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 interest; that the history of representation is used in the determination; that the unit does not contain classifications or individuals res- tricted or limited bythis chapter; and that no city classifi- cation shall be in more than one representation unit. (b) Establishment. Effective September 1, 1970, a representation unit is established by petition of eligible employees within the proposed unit. A petition must be accompanied by proof of employee approval equal to at least thirty percent of the eli- gible employees within the proposed unit. The petition shall be filed with the director of personnel services, 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 establish- ment of a representation unit may be combined with a. petition that seeks to certify an employee organization as a recognized employee organization. Petition for establishment of a repre- sentation unit which would involve reconstitution of an existing unit may be made only during the thirty -day period between ninety and sixty days prior to the expiration date of a memorandum of understanding to which the existing unit is a party. - 32 - 1 I/ (c) Challenge by employee organization. If an employee organi.3a- tion desires to challenge the appropriateness of the proposed 1 representation unit and seeks to establish a different unit, it shall, within thirty days of the filing of the petition it seeks to challenge, file a petition with the director of personnel services requesting a unit determination through further action. 11 (d) Challenge by director of personnel services. If the director of personnel services; decides to challenge the appropriateness of the proposed representation unit, he shall within thirty days 11 of filing the original petition give notice to the petitioner concerned of such challenge. (e) Certification ofunchallenged unit. If there has been no I petition or notice filed challenging a petition to establish a representation unit within thirty days, the director of personnel services shall certify to the petitioner that the representation 1/ unit has been established. (f) Amendment of petitions. If a challenge is lodged, the director of personnel services shall notify the original petitioner 11 in writing. If an amended petition is not filed within seven days of such notice, the petition and challenge shall be transmitted to the State Conciliation Service as provided below. Upon the I 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 I - been duly Tiled, and the challenge has not been resolved by amendment or withdrawal, the director of personnel services shall first transmit the petition and challenge with a request 11 for determination to the State Conciliation Service, which shall utilize its procedures to determine the appropriate representa- tion unit or units. On suggestion of the State Conciliation II Service, an alternate agency may be used. In resolving representation unit disputes it is recommended that the State Conciliation Service or alternate agency shall in I/ each case determine the broadest feasible grouping based upon such factors as internal and occupational community of interest and *he history of representation. No city classification shall be included in more than one representati^n unit. The State II Conciliation Service, or alternate agency, mom:.' adopt rules governing its process of determination and may consolidate petitions for hearing. The decisions of the State Conciliation I Service, or those of an alternate agency if used, shall be transmitted to the director of personnel services and petitioners. The decision of the State Conciliation Service, or alternate II agency, shall be final. (h) Professional employee's right to separate unit. Professional employees shall not be denied the right to be represented sep- arately from non-professional employees by a professional em - II ployees' organization consisting of such professional employees. The term "professional employees" for the purposes of this section shall mean employees engaged in work requiring specialized t - 33 r • • II knowledge and skills attained through cempie:ti.on of: a recognized course of instruction, including but not limited to physicians, registered nurses, engineers, architects, teachers, librarians, 11 and various types of physical, chemical and biological scientists. In further definition, all of the following requirements are necessary in meeting the definition of professional employees: II (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 special - I ized.intellectual'instruction and study, or (b) original and creative ill haracter in -a recognized field of artistic endeOro , and the results of which depend primarily on tb invention, imagination, or talent of 11 the employee. (2) His work requires the consistent exercise of discretion and judgment. 11 (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 twenty percent of his hours 11 worked in a work week to activities not an essential part of and necessarily incident to such professional duties. 11 1206. Recognized employee organizations. (a) Petition. An employee organization that seeks certification as a recognized employee organization shall file a petition with the director of personnel services. The petition shall identify the representa- tion unit requested or established pursuant to Section 1205. for which petitioner seeks recognition, and shall include a 1 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 1204(a), in request for registration. (b) Majority and minority petitions. The director of personnel services shall determine the percent of proof of employee approval greater than fifty percent of the employees within the representa- tion unit shall be certified as a majority petition. A petition accompanied by proof of employee approval of between thirty and fifty percent of the employees within the representation unit shall be certified as a minority petition. (c) Challenge. The director of personnel services 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; 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 director of personnel services shall certify the petitioner as the recognized employee organization of the representation unit. - 34 - 1 II (e) Election - challenged majority petition.. If.a minority petition is filed against a majority petition and is accompanied II by proof of employee approval equal to at least thirty percent of the employees within the representation unit, the director of personnel services shall refer the matter in request for an II election to the State Conciliation Service or their suggested alternate, who shall call and conduct a secret ballot election pursuant to Section 1206(g). I (f) Election - minority petition. If a minority petition is filed, the director of Personnel services shall, whether or not a challenging petition is filed, request the State Conciliation Seri/ice or their suggested alternate to conduct a secret ballot II election pursuant to Section 1206(g). If a challenging petition is filed against a minority petition and is accompanied by proof of employee approval equal to at least ten percent of the em - I ployees within the representation unit, the election agency shall include the challenging employee organization on the ballot. II (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 II the representation unit whose names appeared on the payroll immediately prior to the date of election. An employee organ- ization shall be certified by the director of personnel services I 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 II of the choices receives a majority of the valid ballots'\cast, a run-off election shall be conducted Letween the two choices receiving the largest number of ballots cast. There shall be no more than one representation election in a twelve-month period II within the same representation unit. (h) Decertification procedure. Effective September 1, 1970, a decertification petition may be filed with the director of II personnel services by employees or an employee organization to determine whether or not a recognized employee organization con- tinues to represent a majority of the employees within the I representation unit. Such petition must be accompanied by proof of employee approval equal to at least thirty percent of the employees within the representation unit. Such a petition may be received by the director of personnel services only during 11 the thirty -day period between ninety and sixty days prior to the expiration date of an existing memorandum of understanding. When such a valid petition has been filed, the State Conciliation II 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 I 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. 11 1 35 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 1207. Rights, obligations and limitations. (a)... Employee organizations. Employee.crganizations may represent their mem- bers incemployment relations only in the matters and to the extent provided by the Government Code of the state of California. (b) Unit representatives.. Upon prior agreement with -the appro- priate representatives of management, a reasonable 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 division with the name(s) bf the person(s) currently authorized to represent such organization. (c) Limitation; management and confidential. employees. No management or confidential employee may be represented in their employment relations with the city by an employee organization'. which represents other types of employees. However, nothing in this chapter should be interpreted as prohibiting management and confidential employees from joining and holding office in an employee organization. (d) Rules no abrogation of rights. Hy the adoption of the 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 services of the city. The exclusive rights of city management include, -but are not limited to: determine the missions of its constituent departments, sections, groups, and individuals; set standards of services; determine the standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, time and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its missions and exercise complete control and discretion over its organization and technology of performing its work. (e) Meet and confer in good faith. Recognized employee organi- zations`oriy, shall have access to the meet and confer process. Upon request, representatives of a recognized employee organiza- tion 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. Representa- tives of recognized employee organizations may participate in such meetings without loss of compensation or other benefits. "Meet and confer in good faith" shall mean the mutual obligation personally to meet and confer in order to freely exchange in- formation, opinions and proposals and to endeavor to reach agree- ment On matters within the scope of representation. - 36 - • • If agreement is reached by management and a recognized employee organization, or recognized employee organizations, they shall jointly prepare a written memorandum of such under- standing, which shall not be binding, and present it to the city manager's office. If a memorandum of understanding contains an expiration date, either party to the memorandum may declare its intention to initiate meet and confer sessions with regard to revision of the memorandum only during a thirty -day period between ninety and sixty calendar days prior to the expiration date of the memorandum of understanding. Notice of intention must be in writing and be accompanied by a written statement setting forth the revisions desired by the party serving notice. Meeting and conferring in good faith on- proposed revisions shall begin between the parties within a reasonable time following the filing of notice. In the event neither party declares its intention to revise the memorandum of understanding within the specified period of time, the memorandum will be automatically renewed for one year. (f) Access of organizations to work locations. Conditions permitting, representatives of employee organizations are author- ized access to city work locations for the purpose of conducting business within the scope of representation, provided that: ho disruption 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, provided that 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 meetings. Requests for the posting of other material shall be directed to the personnel division. (g) Prohibition; recognizing picket line. Employees shall not have the right to recognize a picket line of a labor or employee organization while in the performance of their official duties. (h) Adoptionof rules and regulations. Any rules and regulations adopted to further e administration of employer -employee re- lations 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 established in these rules and as may be further defined by administrative directives. - 37 - 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 • • 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 agreement, the parties together may mutually agree upon a method of resolving the dispute including,, but not limited to, mediation. (b) Mediatioh procedure. If the parties agree upon mediation but are unable to agree on the mediator, the parties shall re- quest 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 take any public position concerning the issues, but shall work directly with the parties involved. - 38 - CHAPTER 13 MISCELLANEOUS Sections: 1301 1302 1303 1304 1305 1306 1307 1308 Reports of change of status. Damage claims. Gratuities. Outside employment Uniform allowance. Political activity. Conflicts of interest. Notification of pregnancy. 1301. Reports of change of status. All actions involving em Tp oyment 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. 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. 1303. Gratuities. No officer or employee of the City shall solicit or accept any gratuity for services rendered. 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 by the department head if such outside employment is incompatible with the proper discharge of the employee's 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. 1305. Uniform allowance. Employees receiving uniform allowances are to nse sucfi allowances 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. 1306. Political activity. The pplitical- activity of city employees shaft comply with pertinent provisions of state law. 1307. Conflicts of interest. No employee, whether paid or unpaid, shall engage in any'usiness 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. 1308. Notification of pregnancy. It is the responsibility of each female employee to notify her supervisor as soon as pregnancy has been confirmed. A written statement by the attending physician certifying the expected delivery date and approving the duration of employment during pregnancy must be submitted to the employee's supervisor within ten days after pregnancy has been confirmed. Duration of employment shall be determined by the department head based upon the nature of the position held by the employee, but in no event may employment continue longerthan the end of the duration of employment certified by the attending physician.