Resolution No. 98-63 e
CITY OF TIGARD,OREGON 7October
No_(P
RESOLUTION NO.98- (p 3 1! �'f A RESOLUTION AMENDING THE PERSONNEL POLICIESGEMENT,SUPERVISORY AND CONFIDENTIAL EMPLOYEES
WHEREAS, the City of Tigard has determined that the Personnel Policies upervisoryand Confidenti�Employees Lave not been comprehensively reviewed and upr 1987,
WHEREAS,a complete evaluation and update to these policies has now been completed and it has been
determined that certain changes are appropriate,
WHEREAS, the City of Tigard City Council reviewed and approved these proposed rules at their-
November 10, 1998 Study Session, and set this matter for formal adoption on the November 24, 1998
consent agenda,
YvHEREAS,it was determined that Article 1,PURPOSE and Article 5,PROBATIONARY PERIOD,be
removed at this time and held over for future discussion and adoption,
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the revised and updated
Personnel Policies for the Management. Supervisory and Confidential Employees as referenced in the
attached Exhibit A be adopted
PASSED: This �Yday of D�a1l7ayor
1998.
City of Tig
1-4
ATTEST:
1�2 A)1r/Ci Recorder-City of Tigard
RESOLUTION NO.98-63
Page I
` 4
1
City of Tigard
PERSONNEL POLICIES
Management, Supervisory and Confidential
Employees
Adopted November 24, 1998
who
IF
PERSONNEL POLICIES Manaaement/Supenrisory/Confidential Employees
Index Number Page
fit—NDLt- F02 F'QI rU12F— O SCtd-SIot4 1.0 1
Appointment to Position 2.0 2
Employment Agreements 3.0 3
Compensation 4.0 4
HdLD FOte.t=LrrUQr-- '(JL' CL-SSIOr--( 5.0 5
Merit Salary Increase 6.0 6
Residency Requirements 7.0 7
Overtime 8.0 8-11
Holidays 9.0 12-13
Management Leave 10.0 14
Vacation 11.01 15
Sick Leave .2.0 16-17
Other Leaves 13.0 18
Compassionate Leave 18
Civil Leave 18
Military Leave 18
Leaves of Absence Without Pay 18-19
Employee Benefits 14.0 20
Health,Vision, and Dental Coverage 20
Health Coverage for Employees Over 65 20
Health Coverage After Separation of Employment 20
Health Coverage After Retirement 20
Long-Term Disability 21
Life Insurance 21
Supplemental Life Insurance 21
Other Insurance Programs 22
ICMA 401(a)Retirement Programs 22
PERS Retirement Program 22
Deferred Compensation Progr=.-n 23
Social Security 23
15.0 24-27
Layoff and Recast
Moving Expenses 16.0 28
PERSONNEL POLICIES-Management
No. 2.0
APPOINTMENT TO POSITION:
The Mayor of the City of Tigard,with the consent of the City Council,exercises appointive
and removal power over the offices of the City Manager, City Attorney,Municipal Judge,
and City Recorder. Unless otherwise agreed to in an employment agreement with the
individual filling the position, incumbents appointed to these positions after February 17,
1986, serve at the pleasure of the Mayor and City Council and can be terminated from
their position without cause(City Ordinance 86-15). Such employment agreements with
the City Manager, City Attorney, Municipal Judge, and City Recorder are binding only
upon the appointing City Council and must be renegotiated if a majority of new Council
members are elected.
The Cry Manager,after consultation with the Mayor and City Council,has appointive and
remu,;=!power over all persons serving as Department Directors for the City. In addition,
the City Manager has supervisory responsibilities over the City Recorder. Unless
otherwise agreed to in an employment agreement with the individual filling such a
position,just cause shall not be required for removal of Department Directors appointed
after February 17, 1986(City Ordinance 85-15).
Amok 2-
PERSONNEL POLICIES-Management
No. 3.0
EMPLOYMENT AGREEMENTS:
Only the City Manager, City Recorder, and Department Directors serve under the
conditions of an employment agreement. Other positions designated by the City Council
or City Manager may also serve under the conditions of an employment agreement.
These conditions may include, but are net limited to, terms of appointment, supervision,
termination, duties, salary, and fringe benefits. All employment agreements shall be in
writing and approved by the City Council or City Manager, depending on who 3a the
appointing authority.
The employment agreement is to be utilized in conjunction with the personnel policies of
the City. In the event that the language contained in the employment agreement differs
with a provision in the personnel policies, the employment agreement shall take
precedence.
_ 3_
. A
)
PERSONNEL POLICIES-Management
No. 4.0
COMPENSATION:
The City Council, with the recommendation of the City Manager, shall set the salary
schedule to be used as the basis for compensation. Employees shall be paid in
accordance with the established salary schedule as adopted by the City Council. Newly
hired employees shall be compensated at the entry level salary for their position unless
otherwise specifically approved by the City Manager.
4
PERSONNEL POLICIES-Management
No. 6,Q
MERIT SALARY INCREASES:
Except where prohibited by language in any applicable collective bargaining agreements,
employees of the City shall receive salary increases,within the salary range of their job
classification, on the basis of merit instead of automatic"step"increases on an annual or
other basis.
A performance review must be completed prior to awarding a merit increase. Merit
increases shall be granted based on satisfactory performance at the completion of twelve
months of employment from the date of satisfactory completion of the probationary
period,and every twelve months thereafter.Additional merit increases may be granted at
any time based on documented performance reviews. Contingent upon satisfactory
performance,an employee shall receive a merit increase not to exceed the top step of the
salary range for the classification, as provided for under"Performance Reviews".When
an employee reaches the final step of the salary range, no further merit increases will
occur.
6
PERSONNEL POLICIES-Management
No. 7.0
RESIDENCY REQUIREMENTS:
The City Manager, City Recorder, and all Department Heads are required to establish
and maintain permanent residency within the boundaries of Clackamas, Multnomah or
Washington Counties in the State of Oregon within nine months following their
appointment unless otherwise agreed to in writing 3y the City Council.
7
PERSONNEL POLICIES- Management
No. 8.0
OVERTIME;
It is the policy of the City to reduce to a minimum the necessity for overtime.Overtime
work shall be disccuraged,and department directors and supervisor shall make every
effort to asslg��to each employee duties and responsibilities which can be
accomplished within the employee's established work schedule. However,there may be
times when City employees may be expected or are required to work beyond their
normal 40 hour work week schedule in order to provide the services and support
necessary to conduct and supervise the work programs which have been assigned to
them. It shali be the responsibility of the department director to assign and/or allow
overtime with due consideration for budgetary accountability. Flexible scheduling in lieu
of overtime shall be encouraged whenever feasible.All overtime to be worked requires
the advance authorization of the employee'supervisor.
For the purposes of calculating overtime for Management/Professional Group
employees,paid sick leave will be treated as hours worked only when such leave is
utilized for the purposes of a medical appointment,not to exceed four(4)consecutive
hours,which could not otherwise be scheduled during off-duty hours.All other paid
leaves shall not be treated as hours worked except in the event such leaves are
interrupted and the employee is called back to work due to an emergency outside the
control of the City(i.e.weather,act of God,earthquake,flood,etc.). Paid compensatory
time off and all other paid}ime off,shall be counted as hours worked for the purposes
of determining overtime compensation for the classification of Police Sergeant only.
Overtime for FLSA M-1 Employees
The M-1 category includes department directors. MAI employees will be allowed to take
time off as their workloads permit on an hour for hour like-time basis for hours worked in
excess of their normal work week.Like-time is not accrued but is granted subject to the
approval of the City Manager. Employees in this category may also be allowed to utilize
flexible scheduling.
Overtime for FLSA M-2 Employees
The M-2 category covers senior management positions including division managers,
some supervisors, professional emplcuees and other senior management.
classifca;;ons. M-2 employees who work in excess of their normal week will be allowed
Allift8
to take time off as their workloads permit and at the discretion of the department
director. !f employees receive compensatory time(hour for hour)off as determined by
the department director,they may not accumulate in excess of 40 hours without the
approval of the department diractor and City Manager.
Overtime for FLSA M-3 Employees
M-3 employees are Management/Professional Group non-exempt employees pursuant
to the Fair Labor Standards Act and other exempt positions as determined by the City.
These positions will be provided time and one-half compensation in cash or accrued
compensatory time for all hours worked over 40 hours in a work week.The maximum
accumulation,or cap of compensatory time shall be 40 hours. Employees should use
accumulated compensatory time before vacation or other accured leave(at time and
one-half)as soon as practical.At the discretion of the department director,overtime
may be paid in lieu of compensatory time if budgeted funds ai a available.
The classification of Police Sergeant is the only exception to calculating overtime over
forty(40)hours in a work week. For this classification,overtime shall be calculated on a
daily basis. Employees assigned a 5-8 schedule shall be compensated at the rate of
time and one half for all work in excess of eight(8)hours on any work day and all work
performed on the 6th and 7th day of an employee's workweek. Employees assigned a
4-10 schedule shall be compensated at the rate of time and one half for all work in
excess of ten (10) Fours in any workday and all work performed on the 5th,6th and 7th
day of the employee's workweek.
z3
Management/Professional Employees
M-1, M-2, M-3 Designations
M-1 Cateoory
Library Director
Finance Director
City Engineer
Public Works Director
Community Development Director
Police Chief
M-2 Cate-gory
Planning Manager
Financial Operations Manager
Building Official
Engineering Manager
Assistant to the City Manager
Police Lieutenant
Network Services Director
Human Resources Director
Police Captain
Library Division Manager
Library Technical Services Specialist
Reader Services Specialist
Library Circulation Supervisor
Project Engineer
Operations Division Manager
Property Division Manager
Utility Division Manager
Administrative Services Manager
Planning Supervisor
Senior Management Analyst/Risk
Senior Human Resources/Telecommunications Analyst
Plans Examination Supervisor
Senior Human Rs-sources Analyst
Development Services Supervisor
City Recorder
Inspection Supervisor
10
M-3 Category
Library Technical Services Coordinator
Buyer
Police Sergeant
Confidential Executive Assistant
Micro Computer Support Technician
Assistant Planner
Executive Assistant to City Administration
Human Resources Technician
Human Resources Assistant
Risk Technician
Police Records Supervisor
Fleet Services Coordinator
Associate Planner
Budget and Financial Reporting Analyst
Human Resources Analyst
Volunteer Coordinator
Wastewater Operations Supervisor o
Water Operations Supervisor
Grounds Supervisor
Street Supervisor
Fleet and Facilities Supervisor
11
PERSONNEL POLICIES-Management
No. 9.0
HOLIDAYS:
The City observes the following paid holidays:
New Year's Day January 1
The Birthdate of Martin Luther King,Jr. Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
T�i:�Friday After Thanksgiving Day Friday after Thanksgiving
Christmas Day December 25
To receive holiday pay,employees must work the last scheduled work day before and the
first scheduled work day after the holiday, or be on authorized leave with pay for both of
these days.
Whenever a holiday falls on Sunday, the succeeding Monday shall be observed as the
holiday;whenever a holiday falls on Saturday,the preceding Friday shall be observed as
the holiday.
Holiday pay for full-time, regular employees is eight (8) hours. Holiday pay for part-time
employees shall be pro-rated according to their regular work schedule. Temporary
employees are not eligible for holiday pay. Holidays that occur when an employee is
absent from work on approved vacation or sick leave will be paid as holiday pay and no
deduction shall be made from their accumulated vacation or sick leave time.
Non-exempt(M3)employees who are required to work on a holiday will be compensated
for all hours worked on the holiday at 1-1/2 times their straight-time rate in addition to
holiday pay. This premium pay shall be due for working on either the actual holiday or the
observed holiday,but not both.
All other exempt employees required to work on a holiday rnay take an"altemate"day off
within 60 days following the holiday. Part-time employees who are required to work on a
12
holiday can choose to either receive prorated holiday pay for the day or a prorated
"alternate" holiday to be taken within 60 days foilowing the holiday. "Alternate" holiday
time will not be carried over the 60 day limit.
In lieu of holidays off, iPolice Sergeants shall be credited with eight(8) hours of holiday
compensatory tirrie or cash, at the option of the employee,for each month worked. If the
Sergeant elects to receive compensatory time, such time off shall be credited to his/her
vacation/holiday account.
Within 30 days of the dates specified herein,the Sergeants will be required to advise the
City what portion of their holiday time is to be converted to their vacation/holiday account
and/or paid monthly or on the dates specified below. If a Sergeant elects to have a
portion of their holiday hours paid, such payment shall be made on December 1 and/or
June 1 of each year and shall not exceed 48 hours on either date. human Resources will
pro•gide the Sergeants with a selection form and each employee will be required to make
a selection and return the form within the time period described in this section.
AMIL
13
PERSONNEL POLICIES-Management
No. 10.0
MANAGEMENT LEAVE
Regular,full-time employees in the ManagementlProfessional group shall accrue
management leave based on their length of service in a managementlprofessional
position. Management leave for regular part-time employees working 20 hours or more
per week in these pus;tions shall be pro-rated accc ding to their regular work schedule.
Newly appointed management/professional employees will receive a pro-rated amount of
management leave during their first fiscal year of employment based on completion of
each full quarter.(3 month)period worked. Eligible employees shall earn paid
management leave according to the following schedule:
Date of hire-1st fiscal year 2 hrs/full quarter worked
end of 1st fiscal year-2-1/2 years 1 day per fiscal year
2-1/2 years plus one day through
4-1/2 years 2 days per fiscal year
4-1/2 years plus one day 3 days per fiscal year
Management leave is posted,on July 1st of each fiscal year and may be used after
posting. All management leave must be taken by June 30th of th^.t fiscal year and may
not be carried over into the next fiscal year. The employee will not be paid for
management leave in the event of termination of service for any reason.
14
PERSONNEL POLICIES-Management
No. 11.0
VACATION LEAVE:
Regular,full-time employees shall accrue vacation leave based on their length of service
with the City. Vacation time for regular, part-time employees who work 20 hours or more
per week will be prorated according to their regular work schedule.
Management/Professional group employees shall accrue vacation time on the following
basis:
Years of Service Accrual Rate/Month
0 to 6 months No monthly accrual-40 hours credited at
the end of the probationary period
beginning of 7 months of service 7 hours/month
beginning of 1 year of service 8 hours/month
beginning of 6 years of service 10 hours/month
beginning of 11 years of service 12.5 hours/month
beginning of 16 years of service 14 hours/month
beginning of 20 years of service 16 hours/month
Vacation shall be credited as earned for each month of service or pro-rated for each
fractional month,expressed to the half-month of service. Vacation leave shall be posted
at the end of each pay period in which it is earned. Employees m&y not use vacation
leave until it has been earned Management/Professional employees may not accrue
vacation time in excess of two(2)times their annual accrual. Employees may not accrue
vacation time beyond the maximum limit. It is the employee's responsibility to schedule
sufficient vacation so that he/she is not denied accrual of additional vacation time.
With written approval of the depar'ment director, Management and Professional
employees may receive pay in lieu of one week of vacation leave each fiscal year,
provided the payment is requested in conjunction with a scheduled week of vacation time
off. Employees may also receive pay in lieu of a second week of vacs-don each fiscal
ye,.r, provided an additional forty (40) hours of vacation are taken off during the fiscal
year.
Upon termination of service for any reason,the employee shail be paid for all earned but
unused vacation time accrued.
15
PERSONNEL POLICIES-Management
No. 12.0
SICK LEAVE:
An employee who i,§unable to work by reason of personal illness or injury, necessity of
medical or dental care, exposure to contagious disease, or critical illness in the
employee's immediate family, may utilize sick leave. Sick leave may also be used under
the provisions of the City's Family Medical Leave Policy.
• Accrual:
Regular,full-time employees accrue sick leave at the rate of 3.7 hours for each two week
payroll period they are employed by the City.Sick leave for regular, part-time employees
working 20 hours or more per week shall be prorated according to their regular work
schedule. Sick leave shall be posted at the end of each pay period. There shall be no
limit on the amount of sick leave ar.employee may accumulate.
• Utilization:
d
Accumulated sick leave shall be payable at the employee's regular straight time rate in an
amount equal to the time the employee would have normally worked.
In the event an employee is absent from work because of the need to use sick leave,the
employee shall, within the first half-hour of their scheduled start time, notify their
supervisor of their reason for being absent. Sick leave may not be used until it has been
earned. Employees must notify their supervisor each day they are absent except
employees who are on pre-approved sick leave such as worker's compensation or FMLA.
At the discretion of the Department Head, a physician's certificate may be required
before an employee is permitted to return to work or to be granted sick leave. Proven
abuse of sick leave shall result in disciplinary action.
If an employee runs out of sick leave, any additional time missed will be automatically
deducted from the employee's accrued vacation, compensatory, management leave and
holiday time. If the employee has no accrued vacation or compensatory time, the
employee will be placed on leave without pay.
16 ANIL
Sick leave may not be used when an employee is actually performing the work involved in
a preapproved outside employment agreement.
• Physician's Certification:
In cases of illness or disability as certified by an employee's physician, the City has the
right to obtain a second medical opinion to confirm the employee's limited ability to
perform the duties of their position or inability to return to work. Such examinations shall
be performed by a licensed medical practitioner of the City's choosing and shall be paid
for by the City. The consulting practitioner shall submit a written report to the Human
Resources Division who will make a final decisions regarding granting of sick leave
benefits. Employees who refuse to submit to a second opinion examination may be
ineligible for the use of accumulated sick leave for the particular disability in question.
Worker's Compensation:
Sick leave benefits are not available for any illness or injury that is covered by Worker's
Compensation benefits provided by the City or another employer.The City shall make up
the difference between time loss payments and the employee's regular net pay at the
time of injury. The City shall continue to make the same contribution to all benefit
programs as would have been made if the employee had worked his/her regularly
scheduled hours of work. Whenever an employee receives a reimbursement for worker's
compensation time loss benefits, he/she shall endorse the check and give it to the
Finance Director or their supervisor for deposit by the City.Time lost for injuries covered
by worker's compensation will not be charged to the employee's accumulated sick leave.
If the Worker's Compensation leave is tot a qualified state or federal family leave
purpose, such leave of absence shall be granted against the employee's annual family
leave entitlement concurrently.
17
i
PERSONNEL POLICIES-Managementl
No. 13.0
OTHER LEAVES:
Compassionate Leave:
In the event of a death in the employee's immediate family,the employee may be granted
time off with pay for a period not to exceed five working days. For the purposes of this
section,an employee's family shall be defined as: spouse,child,parent,sibling,father-in-
law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild,
grandparent,or any other person who Is a dependent of the employee.The City Manager
may allow additional paid time off or may recognize the need for granting the use of
compassionate leave in the event of the death of other relatives or non-relatives.
Civil Leave:
Employees shall be granted paid leave for service on a jury or when subpoenaed as a
witness in a court proceeding in which the employee does not have a personal interest.
The employee shall remit said fees due them for jury or witness duty to the City,except
reimbursement for mileage, meals, etc.,to the City. Employees are required to report to
work when less than a normal workday is required for jury or witness duties.
Military Leave:
Military and Peace Corps leaves shall be granted to employees in accordance with state
and federal laws.
Leaves of Absence Without Pay:
Employees may request a leave of absence without pay if circumstances require an
absence from work.The employee must submit a written request for approval of the leave
of absence to their department director and/or the City Manager. This written request
must establish a reasonable justification for the leave and the duration of the requested
leave.Leaves will not be granted to accept employment outside the City.
An employee may be granted a leave of absence without pay for up to twelve(12)
18
months when the work performance of the employee's department will not be seriously
handicapped by their absence. Vacancies created by the employee's leave, if filled, will
be made by a temporary appointment.
Employees shall be required to exhaust all accrued paid leave prior to being placed on
leave without pay status in the following order. vacation, compensatory time,
management leave, sick leave. If an employee exhausts all accumulated sick leave due
to illness or injury,they will be required to use any accrued vacation,compensatory time,
and management leave prior to being placed on leave without pay status (see Family
Medical Leave Policy).
All leave accruals and retirement contributions shall begin to accrue when the employee
returns to work, without loss of any previously existing leave balances. Seniority accrued
prior to an authorized leave of absence without pay will not be lost. Health and other
insurance benefits shall be administered according to the appropriate insurance
guidelines.
_ 19
PERSONNEL POLICIES-Management
No. 14.0
EMPLOYEE BENEFITS:
Health.Vision.and Dental Coverage:
The City-provides group health insurance for regular employees and their dependents to
cover non-occupational injuries and illnesses. All regular employees working 20 hours or
more per week are eligible for medical,vision,and dentall in�surance s for themselves and
their dependents. Regular, part-time employees working from 20 hours to 31 hours per
week are responsible for paying one-half the cost of the monthly premiums.
Ccverage becomes effective on the first day of the month following completion of two full
months of employment. Any monthly premium payments necessary to cover the
employee or their dependents will be deductmd from the employee's paycheck.
Health Coverage for Employees Over 65:
Any current employee who is also Medicare-eligible will continue to be covered under the
City-sponsored group insurance plan of their choice. Primary coverage will be through Aft
the City's health pian. The employee may also choose to enroll in Medicare as a
secondary provider to help pay remaining eligible expenses. The City does not pay
Medicare premiums.
Health Coverage After Separation of Employment:
Health coverage through the City ceases at the end of the month in which employment
terminates. Employees and their dependents who no longer qualify for City coverage,
may elect within 60 days to continue their health insurance at the City rate through the
COBRA program. Monthly premiums are payable to the City.
Health Coverage Benefits After Retirement
Employees retiring under the City's retirement plan may continue their health insurance
coverage through the City by paying the monthly premium. Employees must elect
coverage within 60 days of their retirement from the City. When the employee or their
spouse becomes eligible for Medicare,that individual's health coverage through the City's
group plan must be discontinued. However,the other individual is eligible to continue the
20
City's group plan coverage until such time that they reach Medicare age. Upon reaching
the age of 18, any unmarried, dependent child will no longer be eligible for health
coverage under the City's group plan.
Lorg-Term Disability Coverage
Effective on the first working-day of the month following completion of six (E) full months
of continuous employment, regular full-time employees and part-time employees who are
scheduled to work 20 hours or more per week are covered by the City's long-term
d;sabil insurance program. This insurance rviii rovi-a lir 65 2,130% of the c. icyc
ttY P 9 � „p,.:y�e
base salary in the event the employee should be disabled and nothavesick leave,
worker's compensation, or other insurance coverage available to them.
Employees eligible for tong-term disability benefits will receive a percent of their
scheduled salary to a monthly maximum benefrt as specified by the applicable Group
Insurance Policy Certificate for Long-Term Disability.
Life Insurance
Effective on the first working day of the month following completion gf two (2)full months
of continuous employment, all regular full-time employees and part-time employees who
are scheduled to work 20 hours or more per week are covered by a $50,000 life
insurance policy with provisions for double indemnity and accidental death and/or
dismemberment. Coverage may vary by employee group as specified by the applicable
Group Insurance Policy Certificate for Life Insurance.
Supplemental Life Insurance
Effective on the first working day of the month following completion of two (2)full months
of continuous employment, all regular full time and part time employees who are
scheduled to work 20 hours or more per week may apply for supplemental fife insurance
coverage for themselves and their spouse upon the approval of the insurance carrier.
Premiums for this coverage are at the employee's expense and are made through payroll
deductions.
21
Other Insurance Proarams:
Employees are insured under the provisions of the Oregon State Worker's Compensation
Act for on the job injuries,and the State Unemployment Insurance program. The amount
of the premiums paid and the levels of coverage provided are directed by those agencies
administering these programs.
The City provides a comprehensive personal liability (errors and omissions) policy to
provide liability coverage for employees excluding the provisions of ORS 30.285 as it
eIztec to rtiaW�-wcnnc office-cr u_i1W-I nr wnnfen---meet of ril ifti
iCMA(401 a)Retirement Program:
ICMA Money Purchase Plan:
All regular full-time and part-time employees working 20 hours or more in the
Management/Professional Group (with the exception of Police Sergeants, Lieutenants,
Captains, and the Police Chief)are required to participate after six months of continuous
employment in the ICMA 401(a) Money Purchase Plan. The City's contribution rate will
be determined annually by the City Council. All participating employees are 100%vested
at the time of the City's first contribution in their behalf.
Employees may also elect to participate in the ICMA 401(a) Voluntary Contribution
Program after six months. This program allows a voluntary after-tax contribution of up to
6 percent of the employee's monthly salary.
Employer and employee contributions cease on the employees last workday.
PERS Retirement Program:
The Police Chief, Captains, Lieutenants, and Sergeants in the Management/Professional
Group are.required to participate in the Public Employees Retirement System (PERS)
atter six (6) months of employment with the City. New sworn officers who steady
participate in PERS are enrolled immediately. The City's contribution rate is established
by PERS rules and regulations;the employee's contribution is determined by City Council
action.
22
Eligible employees may also choose to participate in the PERS Variable Annuity program.
Enrollments must be received by PERS prior to January 1 each year and are effective on.
January 1.
All contributions shall cease imm-3diately upon separation from the City.
Deferred Compensation:
The City offers empluyees the option of participating in a deferred compensation
program. Empioyee-V may voluntadily defer a nnrtinn of their salary as an investment for
retirement.
Employee contributions shall cease immediately upon separation from the City.
Social Security:
The City participates in the Federal Social Security Program (FICA). Contributions by the
City and the employee,as well as benefits provided,are in accordance with the rules and
regulations provided by the Social Security Administration.
Amok 23
PERSONNEL POLICIES-Management
No. 15.0
LAYOFF AND RECALL
A department director may layoff an employee because of lack of work, shortage of
funds, a material change in duties,a disability which prevents the employes from
performing the essential functions of the job with or without reasonable
accommodation., reorganization,or for any other reason as determined by the City
which does not reflect discredit an the service of the employee.Temporary or
permanent separation of an employee as a disciplinary action shall not be considered a
layoff.Additionally,any temporary interruption of employment because of adverse
weather conditions,shortage of supplies, or for other unexpected or unusual reasons,
as determined by the City Manager,which does not exceed ten(10)working days,shall
not be considered a layoff if, at the termination of such conditions,employees are to be
returned to employment.
The department director shall identify the number of positions within a classification to
be reduced in the department. Unless a layoff is the result of an employee being unable
to perform the essential functions of the job with or without reasonable accomodations,
layoff shall be within a classification in the department in inverse order of seniority with
the City. For the purposes of layoff,seniority shall be based on consecutive years of
service with the City. Time spent in a temporary position shall not count towards
seniority for the purposes of layoff. In the event two or more employees have the same
seniority and the same date of employment with the City,layoff will be determined by
the drawing of lots. The department head shall request Human Resources to prepare
the appropriate layoff list.The employee with the least City wide seniority shall be laid
Off.
Employees who are laid off will be offered any temporary positions for which they are
qualified and available in the department from which they were laid off.Temporary
employees will not be employed in any department implementing layoffs unless any laid
off employee(s),who are qualified and available for the nature of the work involved,are
first offered and decline to accept the temporary,extra help or seasonal position.The
determination of an employee's qualifications and availability to perform the work of a
temporary, extra help or seasonal position shall be within the discretion of the
department director.
24
The department director will be expected to notify Human Resources of a pending
layoff as soon as practical. All affected employees shall bs given written notification by
their department director at least thirty(30)calendar days before the effective layoff
date,stating the reasons for the layoff.
Bumping
In the event of a layoff,any employee who would otherwise be subject to a layoff shall,
within five(5)working days following written notice of layoff,have the right to displace
or"bump"a less senior employee in anv lower paying classification in any department
provided that he/she is fully qualified to perform the work of the lower pay classification
and has More seniority in City service(excluding temporary work)than the least senior
employee ir the classification he/she seeks to bump info.The City Manager or
department director shall determine if an employee meets the qualifications for the job.
Any employee who exercises his/her bumping rights shall serve a probationary period
of three(3)months in the lower classification,with an option to extend another three(3)
months at the discretion of the department director. During this probationary period,the
City may return the employee to layoff status for unsatisfactory performance in the
lower classification.
Employees to be laid off shall submit written bumping requests to their department
director within five(5) working days of receipt of written notice of layoff. If no request to
bump is received by thie deadline,the employee shall be laid off.The department will
officially notify the employee in writing whether the bumping request is granted or
denied,and shall do so within the 30 calendar day notice of layoff period.
Employees who are granted bumping requests shall be placed at the top step of the
lower classification or at their current salary,whichever is less.
Department directors including the City Recorder may not exercise bumping rights.
Demotion in Lieu of Lavoff
Management/Professional Group employees may submit a written request to their
department director requesting a demotion in lieu of layoff.The director may grant this
request in any class for which a vacancy exists and where it appears that the employee
may expect to perform satisfactorily. If the department director determines that this
action is not in the best interest of the department,the director shall immediately notify
the employee. An employee who is demoted in lieu of layoff shall be placed on a recall
list for the class from which they were demoted.
25
The rules governing salary for demotions shall also apply for demotion in lieu of layoff.
Recall
A recall list shaii consist of all employees who were laid off from,or demoted in lieu of
layoff from a position in the appropriate class.The order of names on the recall list shall
be by rever6e order r.f layoff or reduction. Each recall list shall remain in force for one
(1)year from the date of layoff or demotion in lieu of layoff. The recall list shall be used
to fill vacant positions before any other list may be certified, providing that the employee
is qualified to perform the duties of the position.If the department director determines
that the employee is not qualified to perform the duties of the position,the director shall
notify Human Rosources in writing of the reasons for not appointing the employee.The
recall list shall be certified in the reverse order of layoff or reduction.
The Human Resources Director may remove the name of a person from a recall list if
the laid off or demoted in lieu of layoff employee fails to reply within fourteen (i41
calendar days from the date of mailing of a notice of recall,sent by certified mail,to the
laid off employee's last known address. It is the responsibility of the employee to naiify
Human Resources of any address change.The department director may&equest the
certification of the next person on the layoff list if the laid off or demoted in lieu of layoff
employee is not available to work within ten(10)working days of their notification to
return to work.
Benefits and Compensation
Accrued sick leave will be retained during the time an employee is on the recall list,and
will be available for use upon appointment from the recall list.Sick leave is lost when
the term of eligibility for recall expires.
Employees who have completed at least six(6)months of service and are eligible for
vacation benefits,will be paid for unused vacation leave at the time of layoff.
Employees who do not wish to be paid for accrued vacation when laid off may submit a
written request to Human Resources five(5)days prior to layoff.This accrued vacation
will be held for a maximum of one year from the date of layoff,at which time it will be
paid to the employee.Employees may request payment of accrued vacation time prior
to the end of the twelve months by submitting a written request to Human Resources.
Vacation time not paid to the employee will be restored upon appointment from a recall
list.The rate of the employee's accrual shall remain the same as it was at the time of
layoff.Vacation shall not accrue while an employee is laid off.
26
Employees who are laid off shall retain,but not continue to accrue,seniority during the
time they are on the recall list. Seniority will be lost when the term of recall expires.
Upon reappointment from the recall list,an employee a hall receive the same step in the
salary range that the employee was at when laid off or demoted in lieu of layoff.
Benefits and status toward merit increases shall begin to accrue as if there had been no
break in s.=:vice.The employee's anniversary date shall be adjusted so that time spent
on layoff or in demotion in lieu of!ayoff,will not count towards merit increases.
27
PERSONNEL POLICIES-Management
No. 16_0
MOVING EXPENSES: ees in positions as
The City may pay partial or total moving expenses for empto Y
authorized by the City Manager.
mu-je. In the case of a
In the case of total payment of moving expenses,the City's Finance Director or designee
will handle all details rela;o eeothe expenses ass will submit at least twoociatestirnateswith eof the expected costs of
partial payment,the employee Manager will determine tha amount of the moving
the move. The City Council or City
allowance to be reimbursed by the City. The reimbursement for moving exp ate expense
paid to the employee after the move has been s completed
cedure applies both to employees
statements have been submitted to the City. professional moving
assume any liability for any items lost or damages.
who elect to move themselves as to those who contract wt a
company. In no event does the City
during the moving process-
aid for by the City in the
Upon acceptance of a moving reimbursement,ense that were moriginally required to sign a letter o
agreement to repay any moving exptheir employment with the City during the first twelve (12)
event the employee resigns their
months of employment.
28