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HomeMy WebLinkAboutNS-1094ORDINANCE NS-1094 AMENDING THE SANTA ANA ~UNICIPAL CODE BY ADDING SECTION 9-146 AND AMENDING SECTIONS 9-11, 9-37, 9-130, 9-131, 9-132, 9-133, 9-136, 9-139, 9-140, 9-163, 9-166, 9-167, 9-183, 9-190, 9-191, 9-192 AND 9-193 PERTAINING TO CIVIL SERVICE RE GULAT IONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding Section 9-146 to read in words and figures, as follows: Sec. 9-146. Regular Vacation and Holidays - Special Shift Personnel. Employees in the classification of alarm dispatcher in the fire department are assigned to a special eight-hour shift schedule requiring six consecutive working days followed by three consecutive non-working days. This is a desirable schedule and an efficient one; however, on an annual basis it provides fewer working days than the work schedule for other miscellaneous employees. Therefore, to bring the total number of annual working days into closer balance, alarm dispatcher employees are authorized no holidays, and are granted regular vacation at the rate of ten working days for each completed year of service. SECTION 2: That Sections 9-11, 9-37, 9-130, 9-131, 9-132, 9-133, 9-136, 9-139, 9-140, 9-163, 9-166, 9-167, 9-183, 9-190, 9-191, 9-192 and 9-193 of the Santa Ana Municipal Code are hereby amended to read in words and figures, as follows: Sec. 9-11. Reports-Performances The City Manager shall establish and make effective a system of reports of performance designed to given an evaluation of the quality and quantity of work performed and of the employee's value to the City. Such ratings shall be prepared by the employee's immediate section, division or department head and shall be reviewed by the department head. Performance reports shall be shown to the employee concerned and he shall sign a statement thereon to the effect that he has examined it. Reports will be submitted as follows: (a) at the end of each three months' service during probationary periods, (b) prior to each merit increase eligibility date, (3) annually after attainment of the top merit step, and (4) upon separation or inter-departmental transfer. Reports of performance, prepared as directed in this section and instructions from the Manager, will be delivered to the Director of Personnel for filing with the records of the employee. Performance reports will be considered in making merit salary advances and may be considered a factor in promotional examinations, demotions, and dismissals. Sec. 9-37. Promotional Seniority Credit Seniority credit shall be given on promotional examinations where all applicants are permanent employees of the city; and on combined open and promotional examinations as provided in Section 9-36. This credit shall be given those employees who attain a passing grade, and shall be one-half of one per cent (0.5%) for each complete year of service to the city, but not to exceed five percent (5%) of the maximum possible grade. Only full-time city service in the promotional ladder within the same occupational field shall apply in the computation of this credit. Such service completed prior to a break in - 1 - continuous city service shall not apply unless the break service was concluded by re-appointment, as provided in Section 9-114. in Sec. 9-130. Regular vacation p~iod. Regular vacation with pay is granted to each full-time permanent or probationary employee at the rate of fifteen (15) working days for each completed year of service to be taken in the calendar year following the year in which it is earned, except as provided elsewhere in these rules. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his credit during the year; provided, however, no employee shall be entitled to, or receive payment for any vacation until he has completed six (6) months of continuous service. Absence on sick leave for a period in excess of 15 consecutive calendar days shall not be considered as service for vacation accrual purposes. Sworn members of the police department and uniformed members of the fire department assigned to the normal five-day work- week schedule, are granted regular vacation on the same basis as other full-time employees, as set forth in the preceding paragraph. Uniformed members of the fire department assigned to the 24-hour shift schedule are granted regular vacation on the same basis as other full-time employees except that their standard work unit is a working day of twelve hours. Therefore, each sworn fire department employee in this category is granted regular vacation at an annual rate of fifteen, 12-hour working days. In those cases when an employee is transferred between 24-hour shift and normal five-day work-week schedules, the employee's earned vacation, which is accrued in hours, shall be converted to agree with the number of working hours per day in the currently assigned schedule. Sec. 131. Computing Regular Vacation In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he not been on vacation, shall be deducted from the computation so that one additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and upon department head approval, may he deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. No employee may accumulat~ more than the equivalent of one regular vacation period from the previous year, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum of vacation earned in a calendar year as provided in Section 9-130 of this Code. No employee shall have a right to accumulate or split his vacation, but the same may be allowed or required by the department head. The time at which an employee shall take his vacation shall be determined by his department head, with due regard for the wishes of the employee and particular regard for the needs of the service. It is the policy of the City to grant employees vacations in order to provide them a break in their regular work schedule. In the administration of the provisions of this section the department head shall be guided by this stated purpose and he must approve in writing any accumulation of regular vacation. - 2 - Sec. 9-132. Longevity Vacation Each permanent employee is granted an additional working day of vacation leave with pay for each completed year of full-time, continuous city service in excess of ten (10) years. For uniformed members of the fire department assigned to the 24-hour shift schedule, the working day granted is a twelve- hour day. A period of earlier service does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by re-appointment, as provided in Section 9-114, or by re-employment within two years at a higher level classification in the former occupational field. Leave of absence without pay, as provided in Section 9-141 or 9-164, does not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on military leave followed by reinstatement, as provided in Section 9-116, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation. No employee shall be allowed more than 10 working days of longevity vacation leave with pay by reason of the provisions of this section, regardless of the number of completed years of city service. Sec. 9-133. Limitation on Vacation No employee is granted and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days in any one year by any combination of the vacations in these rules and regulations granted. Further, no employee may accumulate more than the equivalent of one longevity vacation period and the equivalent of one regular vacation period, from the previous year; and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than ten (10) years' service could accumulate is thirty (30) working days, and only an employee with more than twenty (20) years' service could accumulate and take the authorized maximum of fifty (50) working days in any one year. Sec. 9-136. Holidays Shift Personnel Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to holiday benefits equivalent to those provided in Section 9-135. Except as otherwise provided in this division, employees who do not take holidays as they occur shall be entitled to eight (8) working days off during the year in lieu of holidays. Such substitute holidays shall be scheduled by the department head, normally during the same month that the holiday is observed by other city employees. For uniformed members of the fire department assigned to the 24-hour shift schedule, the working day granted is a twelve-hour day. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his service at full pay in such capacity during the year. Sec. 9-139. Absence - Unauthorized Unauthorized absence from duty may be considered cause for dismissal. Absence from duty without leave for a consecutive number of working hours equal to the number of working hours in the employee's normal work-week, shall be deemed a resignation from the service; provided, if upon return the person so absenting himself makes an explanation satisfactory to his department head of the cause of his absence, the department head may restore him to his position, with the city manager's approval. - 3 Sec. 9-140. Absence - Authorized - Maximums Absence without pay not to exceed five (5) consecutive working days, or two and one-half consecutively scheduled working shifts for uniformed members of the fire department assigned to the 24-hour shift schedule, may be authorized by an employee's department head. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department head with the approval of the city manager. Such absences may be authorized only if in the judgment of the department head they serve the best interest of the City. Sec. 9-163. Limit Sick leave with pay may be accumulated to a total of one hundred sixty (160) working days. Sick leave usage of less than a full day shall be charged in minimum increments of one quarter (1/4) day. For the 8-hour working day the minimum charge shall be two hours, with fractional usage rounded upward to the next higher multiple of two. Uniformed members of the fire department assigned to the 24-hour shift schedule whose standard work unit is a twelve- hour day, shall be charged sick leave at the rate of one day for each twelve.hour absence. For these employees, the minimum sick leave increment of one-quarter (1/4) day is three hours, with fractional usage rounded upward to the next higher multiple of three. In those cases when an employee is trans- ferred between 24 hour shift and normal five-day work-week schedules, the employee's earned sick leave, which is accrued in hours, shall be converted to agree with the number of working hours per day in the currently assigned schedule. Sec. 9-166. Notice The employee taking sick leave shall notify his department head either prior to or within four (4) hours after the time set for beginning his duties, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days; or more than one and one-half consecutively scheduled shifts for uniformed members of the fire department assigned to the 24-hour shift schedule, the employee shall present to his department head a physician's certificate stating the cause of illness and that, in his opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the director of personnel with the report of the return of the employee to work. Sec. 9-167. Denial NO employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self- inflicted or caused by wilful misconduct; or, sickness or disability sustained while on leave of absence without pay; or sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. Sec. 9-183. Excluded Employees Employees shall not be work, or for occupying jobs bearing the following designations eligible for monetary compensation for overtime compensatory time off with pay for overtime work: - 4 - Alarm and Assistant Assistant Assistant Assistant Assistant Assistant Associate Communications Supervisor City Attorney City Manager Director of Public Works Fire Chief to the City Manager to the City Manager - Community Relations Engineer Battalion Chief City Attorney City Manager Clerk of the Council Construction Engineer Criminalist Data Processing Supervisor Deputy City Attorney Director of Building Safety and Housing Director of Finance Director of Personnel Director of Planning Director of Public Works Equipment Maintenance Superintendent Fire Chief Library Director Manpower Project Coordinator Museum Director Park Superintendent Plan Checking Engineer Police Captain Police Chief Police Lieutenant Principal Personnel Analyst Purchasing and Property Control Officer Recreation Superintendent Senior Accountant Senior Civil Engineer Senior Planner Street Division Supervisor Supervisor of Inspections Survey Supervisor Traffic Engineer Water Division Supervisor Such employees shall work at such times as may be necessary, their hours of work to be determined either by the supervising department head or the city manager. Sec. 9-190. Overtime for Fire D~artment Personnel An employee of the fire department who is assigned to twenty- four (24) hour on duty periods, who is required to remain on active duty following the termination of his on-duty period, shall earn overtime compensation at the rate of one and one-half (1 1/2) times his normal hourly rate (Not a forty (40) hour week rate). Sec. 9-191. Overtime for fire department personnel recalled to Duty An employee of the fire department who is recalled to active duty from off-duty shall earn overtime compensation at the rate of one and one-half (1 1/2) times his normal hourly rate for time actually worked after reporting to the place of duty, or two (2) hours pay, at the normal rate of pay, whichever is greater. - 5 Sec. 9-192. Sworn Police Personnel - Overtime Accumulation Ail sworn personnel must have accumulated thirty-two (32) hours of overtime before they are eligible to receive monetary compensation for overtime at the rate of time and one-half. The initial thirty-two (32) hours' overtime is compensable only by time off with pay, on a straight time basis. If compensa- ting time off with pay reduces the accumulation to less than thirty-two (32) hours, no monetary overtime payment may be authorized until the thirty-two hours is regained. Sec. 9-193. Same Premium pay limit Sworn personnel of the Santa Ana police department who qualify for overtime pay at the rate of one and one-half (1 1/2) times their normal pay shall be restricted to a maximum of forty (40) hours' paid overtime compensation in any given month. The thirty-two (32) hours of overtime accumulation, necessary for eligibility for time and a half overtime pay, may be carried forward from month to month. SECTION 3: This ordinance shall be effective thirty (30) days from and after the dates of its passage except for the amendments to Sec. 9-130 and Sec. 9-136 which shall become effec- tive on December 31, 1971 and shall not apply prior to said date. SECTION 4: That the Clerk of the Council shall certify to the passage of this Ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 5: That this Ordinance shall take effect thirty days from and after the date of its adoption, except as herein specifi- cally provided. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the lSth day of November, 1971. ATTEST: CLERK OF THE COUNCIL MAYOR - 6 - STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 1st day of November, 1971, and was again considered by said Council at its regular meeting held on the 15th day of November, 1971, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: COUNCILMEN: Herrin, Evans, Markel, Villa, Yamamoto, Griset None Patterson CLERK OF THE COUNCIL -7 -