R 1680
- .P.----..--..--- -_....~.- ---",- .. ----_.~ .-',
, . ..
-,.",./
"^8
, J.b.
RESOLUTION NO. 1680
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANOE REPEALING RESOLUTION NO. 1289
AND AMENDING THE PERSONNEL SYSTEM RULES AND
REGULATIONS OF THE CI~ OF ARROYO GRANDE BY
AMENDING RULE X, SECTIONS I (ANNUAL VACATION
LEAVE), 2 (SICK LEAVE), 4 (LEAVES OF ABSENCE),
AND 7 (HOLIDAYS) OF RESOLUTION NO. 606 ANO
PROVIDING FOR GRIEVANCE PROCEOURES
WHEREAS, the City Coun~11 Is authorized and directed under the
provisions of Section 2-3.02, Chapter 3 of the Municipal Code to adopt revisions
and amendments to the Personnel System Rules and Regulations of the City
of Arroyo Grande as adopted by Resolution No. 606;
NOW, THEREFORE, BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, AS FOLLOWS:
SECTION I: That Resolution No. 1289 is hereby repealed In Its entirety.
SECTION 2: That Rule X, Section of Resolution No. 606 Is hereby
amended as follows:
Section I: Annual Vacation leave: The purpose of annual vacation
leave is to enable each eligible employee to annually return to his work
mentally refreshed. All employees In the competitive service shall be entitled
to annual vacation leave with pay except the follOwing:
a) Employees stili serving their original probationary period
in the service of the tity. However, vacation credits for the time may be
granted to each such employee who later receives a permanent appointment.
b) Employees who work on an Intermittent or seasonal basIs and
all employees who work less than half-time.
All eligible employees shall earn vacation credits In accordance with the
following schedule:
After Days Hours per Month
I year 10 6.67
2 years 12 8.00
3 yea rs 13 8.67
4 yea rs 14 9.34
5 yea rs 15 10.00
6 years 15 10.00
7 years 16 10.67
8 years 16 10.67
9 yea rs 17 11.34
10 years 17 11.34
II years 18 12.00
12 years 18 12.00
13 years 19 12.67
14 years 19 12.67
15 or more years 20 13.34
All eligible employees shall earn vacation credits at the rate set forth above,
provided that all eligible employees who work less than full time shall earn
vacation credits on a pro-rated basis.
.--~.-~ "-- .---- -- -".- -------.-
. .--,.
. !
,-~ 169
. Each eligible employee shall be required to have served the equivalent of one
year of ,continuous service In the City's emPI~ment In order to be eligible
for his full annual vacation leave, provided, owever, that after six (6)
months of continuous service he may be permitted to take vacation leave not
to exceed five (5) working days.
If for any reason an employee becomes sick during a vacation, or In the case
where a holiday falls during a vacation period, the affected employee shall be
entitled to utilize such available sick or holiday leave In lieu of vacation
time. The vacation period may be appropriately extended upon satisfactory
proof of Illness and agreement between the employee and the City.
Vacation leave may be taken as it accrues. Vacation shall be scheduled at
the discretion and convenience of each individual employee with the consent
of the Immediate supervisor within the limitations necessitated by the legitimate
operational needs of the City. If the requirements of the ~ervlce are such
that an employee must defer part or all of his annual vacation In a particular
calendar year, the appointing authority may permit the employee to take such
deferred vacation during the following calendar year.
An emp~oyee may accumulate vacation leave as follows:
After one (I) full year to three (3) full years of continuous
employment, accumulative vacation leave not to exceed fifteen (15)
working days;
After three (3) full years to five (5) full years of continuous
employment, accumulative vacation leave not to exceed sixteen (16)
working days;
After five (5) full years to seven (7) full years of continuous
employment, accumulative vacation leave not to exceed seventeen (17)
working days;
After seven (7) full years to nine (9) full years of continuous
employment, accumulative vacation leave not to exceed eighteen (18)
: working days;
After nine (9) full years to ten (10) full years of continuous
employment, accumulative vacation leave not to exceed nineteen (19)
working days;
After ten (10) full years to eleven (11) full years of continuous
employment, accumulative vacation leave not to exceed twenty (20)
working days;
After eleven (II) full years to twelve (12) full years of continuous
employment, accumulative vacation leave not to exceed twenty-one (21)
working days;
After twelve (12) full years to thirteen (13) full years of continuous
employment, accumulative vacation leave not to exceed twenty-two (22)
working days;
After thirteen (13) full years to fourteen (14) full years of continuous
employment, accumulative vacation leave not to exceed twenty-three (23)
working days;
After fourteen (14) full years to fifteen (15) full years of continuous
employment; accumulative vacation leave not to exceed twenty-four (24)
working days;
After fifteen (15) full years of continuous employment and thereafter,
accumulative vacation leave not to exceed twenty-five (25) working days,
. .-." ""'"
~' ' ~ -'r'
t - I
_~v
I
subject to the other provisions of this rule. A written report of each
I deferred vacation, signed by the proper department head, noting the details,
shall be kept on file with the City Administrator. I
In the event that the scheduling preferences of two (2) or more employees
conflict, the preferences of the more senior employee shall govern, barring
any unusual circumstances.
Employees who terminate employment shall be paid In a limp sum for all accrued
vacation leave earned prior to the effective date of termination. No such
payment shall be made for vacation accumulated contrary to the provisions of
these rules.
SECTION 3: That Rule X, Section 2 of Resolution No. 606 Is
hereby amended as follows:
Section 2: Sick Leave: All eligible employees shall accrue
one working day of sick leave with pay for each month of service with unlimited
accumulatIon. Upon retirement, an employee may choose to be paId for 50% of
unused sIck leave to a maximum of 360 hours at his/her current rate of pay.
At the end of each year an employee has the option of beIng paid straight time
for 25% of their unused sick leave of that year, transferring it to vacation
or leaving It 'In sick leave.
..sECTION 4: That Rule X, Section 4 of Resolution No. 606 Is
hereby amended as follows;
Section 4: Leaves of Absence:
A. Medical'Leave. Medical leave without pay may be granted for
the purpose of recovery from prolonged Illness or Injury or to restore health
or for pregnancy, upon employee's wrItten request to the City Administrator,
subject to submission of medical evidence satisfactory as establishing the
employee's medical need.
B. Emergency Leave. Emergency leave without pay may be granted
to a permanent employee who upon written request to the City Administrator,
demonstrates that the .leave is necessary' for personal reasons beyond his/her
control. Emergency leaves may be granted up to a maximum of one (I) year.
C. Bereavement Leave. A three (3) day leave with pay shall be
available to employees who suffer the death of a relative (defined as: spouse,
parent, child, sister, brother, grandparent or grandchild and the correspondin~
relative by marriage) for the purpose of attending the funeral and making other
arrangements at the time the loss occurs. This leave Is not chargeable against
accrued sick leave.
D. Family Leave. An employee may take an unlimited amount of sick
leave If required to be away from the job to personnally care for a member
of his/her immediate family as defined in subparagraph C above.
E. Jury Duty. Employees shall be granted leave with full pay
and no loss in benefits when called for jury duty If the employee remits to
the City any jury fee for such jury duty. It is understood that the employee
may retain any travel payor subsistance pay granted by the court because of
the employee's participation in jury duty. The employee shall be responsible
for notifying his/her supervisor as soon as possible upon receiving notice to
appear for jury duty, make every reasonable effort to keep his/her supervisor
advised as to the anticipated length of service, and return to work on the
first working day following the end of the jury duty service.
_..__..._._._____n.___.___ .__.____...__. _._..__~_.__._ ____ ______..________u ~.__
'"'"
- 171
SECTION 5: That Rule X, Section 7 of Resolution No. 606 Is
hereby amended as follows: 'f'
Section 7: Holidays: The following days shall be paid holidays
for employees: January I; February 12 (Lincoln's Day); third Monday In February
(Washington's Birthday); Good Friday, from 12 noon until 3 P.M.; last Monday
in May (Memorial Day); July 4; first Monday In September (Labor Day); second
Monday in October (Columbus Day); November II (Veteran's Day); Thanksgiving
Day; day following Thanksgiving Day; one-half (1/2) day on December 24;
December 25; one-half day on December 31; Floating holiday (taken at employee's
choice with supervisor's approval; every day appointed by the President or
Governor or Mayor for public fact, thanksgiving holiday.
When any of the above-listed holidays falls on a Saturday, It will be recognized
on Friday. If it falls on Sunday,. It will be recognized on Monday. For
all employees who regularly work on Saturday and/or Sunday, the holiday will
be specified by the above-listed dates. In the case that a holiday falls
on an employee's regularly scheduled day off he/she shall have the option to
take such holiday on an alternate day as selected by the employee and
approved by the department head.
SECTION 6: The following grievance procedure Is hereby
established:
Grievance Procedure: Purpose:
A. This grievance procedure shall be the exclusive process to
resolve grievances as the term Is defined herein below.
B. The purposes of this procedure are:
1. To resolve grievances Informally at the lowest level.
2. To provide an orderly procedure for reviewing and
resolving grievances promptly.
Definitions:
. A. Grievance means a complaint by an employee concerning the
Interpretation or application of the provisions the regulations governing
personnel practices or conditions which complaint has not been resolved
satisfactorily in an Informal manner between the employee and his/her Immediate
superv i sor.
B. As used in this procedure the term "Immediate supervisor" means
the Individual so designated by City Management who assigns, reviews and
directs the work of an employee.
Time Limits:
Each party involved in a grievance shall act quickly so that
the grievance may be resolved promptly. Every effort should be made to
complete action within the time limits contained in the grievance procedure,
but with the written consent of all parties, the time limitation for any step
may be extended.
Step I: The grievance initially shall be personally discussed
between the employee and his/her Immediate supervisor. Within seven (7) days,
the Immediate supervisor shall give his/her decision or response.
!
- ----~- .-------.. -------- ~ ----.-----.-..... - ---....,..-.--------.-.--.. ---~-_... --_.~--------
, -..,
.
IY'
-, ~
Step 2:
A. If the grievance is not Informally resolved to the satisfaction
of the grievant In Step I. a foonal grievance may be Initiated. A formal
grievance must be Initiated no later than:
I. Thirty (30) days after the event of circumstances
occasioning the grievance; or
2. Within seven (7) calendar days of the Step I decision
rendered In the formal grievance procedure, whichever
is latter.
B. However, If the Step I informal grievance procedure is not
Initiated within the period specified In subsection (I) above, the period in
which to bring the grievance shall not be extended by subsection (2) above.
C. A Step 2 grievance shall be initiated In writing on a form
prescribed by the City and shall be filed with the persons designated by
City Management as the first level of appeal. The employee may be represented
by a representative of his/her choice.
D. The grievant shall cite the specific provlslon(s) of the
the then currently effective Memorandum of Understanding, ordinance, resolution
.or written rule claimed to have been violated, set forth the facts that
purportedly constitute such violation, and the specific remedy sought.
E. Within seven (7) days after the Initiation of the Step 2
grievance, the first level of appeal shall Investigate the grievance, and
give his decision In writing to the grievant.
Step 3:
A. If the grievant is not satisfied with the decision rendered
pursuant to Step 2, he/she may appeal the decision within seven (7) days
to the City Administrator or his designated representative. The employee
may be represented by a representative of his/her choice.
B. The City Administrator or his designated representative shall
respond In writing within seven (7) days to the grievant. If the City
Administrator or his designated representative determines it Is desirable,
he/she shall hold conference(s) or otherwise investigate the matter.
Step 4: " ~,
A. If the'grievant Is not satisfied ,with the decision rendered
pursuant to Step 3. he/she may appeal the decision within seven (7) days to
the City Council. The employee may be represented by a representative of
his/her choice.
B. The determinatiorn of the City Council shall be the final and
binding step of the grievance procedure.
On motion of Council Member Vandeveer , seconded by Council
Member Hogan , and on the following roll call vote, to wit:
AYES: Council Members Vandeveer, Millis, and Hogan, Mayor Smith
NOES: None
ABSENT: Council Member Gallagher
the foregoing Resolution was passed and adopted this 14th day of December, 19B2.
.
~'O~~JJ~
ATTEST, fl.t;w MA OR
DEPUTY TY CLERK