CC Resolution 12880 - Resolution 10016 and as designated in resolution 8553 - Effective July 2022CONF Resolution
July 2022
RESOLUTION NO. 12880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING
THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED
CONFIDENTIAL EMPLOYEES AS DEFINED IN RESOLUTION 10016 AND AS
DESIGNATED IN RESOLUTION 8553, EFFECTIVE JULY 2022
WHEREAS, the City Council of the City of Campbell desires to establish certain
salaries and benefits for unrepresented Confidential personnel not covered by a
Memorandum of Understanding, and
WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of the
State of California provide that the salaries of employees of General Law cities may
be fixed or increased by resolution; and
WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code provides that the
City Council may, from time to time, by resolution, change the compensation of
employees of said City, and may, by resolution, adopt salary and wage scales; and
WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City
Manager to prepare and submit an annual salary plan to the City Council for its approval;
and
WHEREAS, the City Council of the City of Campbell desires to establish certain salaries
and benefits for unrepresented Confidential personnel not covered by a Memorandum of
Understanding consistent with Resolution No. 8553:
NOW, THEREFORE, BE IT RESOLVED that effective the first full pay period including
July 1, 2022, the salaries, hours; employee benefits, definitions and other terms and
conditions of employment for the City's Confidential employees will be consistent with the
annual salary plan, attached hereto and made a part hereof, and subject to the following:
SECTION 1. GENERAL CONDITIONS
A. Personnel Rules and Regulations
This resolution does not modify or change the provisions of the Personnel Rules and
Regulations of the City unless a specific reference is made herein to modify or add to
the existing Personnel Rules and Regulations. Because some terms and conditions of
employment are set forth in the Personnel Rules and Regulations, a copy of the
Personnel Rules and Regulations (current as of August 8, 2022) is attached to this
resolution for convenience.
B. Confidential Employees
The City's Confidential employees include the following positions:
CONF Resolution
July 2022
• Accounting Technician
• Executive Assistant to the City Manager
• Human Resources Analyst
0 Human Resources Representative
C. Definitions
1. Confidential employee: "Confidential employee" shall mean an employee who,
in the course of his or her duties, has access to confidential information relating
to the City's administration of employer -employee relations.
2. Appointing Authority/Power: The City Manager and/or Department Head
who has.the authority to make appointment to the.position.to be filled.
3. PERS: PERS shall mean Public Employees' Retirement System.
SECTION 2. COMPENSATION
A. Salary
.1. Effective the first full pay period in July 2022, the salaries of all Confidential
employees shall be increased by four percent (4%).
2. Effective the first full pay period in July 2023, the salaries of all Confidential
employees shall be increased by four percent (4%).
3. Effective the first full pay period in July 2024, the salaries of all Confidential
employees shall be increased by three percent (3%).
SECTION 3. HEALTH & WELFARE BENEFIT PROGRAMS
A. Medical Insurance / Cafeteria Plan Allowance
1 Medical Insurance Benefit Program
The City's maximum monthly contribution for each Confidential employee for
the purchase of medical insurance will be equal to the minimum monthly
employer contribution required under the Public Employees Medical and
Hospital Care Act (PEMHCA). The City's contribution will come out of the
amount the City currently contributes to employees as part of the Cafeteria Plan
Allowance, provided below. The cost of the City's participation in CalPERS will
not require the City to expend additional funds toward health insurance beyond
what is already provided through the Cafeteria Plan Allowance. Any cost
increase to the minimum monthly employer contribution required under
PEMCHA will be borne by employees.
VA
CONF Resolution
July 2022
2. Cafeteria Plan Allowance
Confidential employees electing medical coverage in the City's plans will receive
a health flex allowance and shall purchase such coverage through the City's
Cafeteria Plan.
Effective January 1, 2023, the monthly Cafeteria Plan Allowance will be based
on selected level of coverage as follows:
Employee Only Coverage: $913.74
Employee Plus One Coverage: $1,827.48
Employee Plus Family Coverage: $2,375.72
.Effective January 1, 2024, the monthly Cafeteria Plan Allowance will be set at
the Kaiser Permanente Region 1 rates for 2024 at the employee's selected
level of coverage unless the rate increase from plan year 2023 exceeds eight
percent (8%). If the year -over -year rate increase exceeds 8%, the City's
Cafeteria 'Plan Allowance shall be eight percent (8%) higher than the 2023
rates. Employees who select a plan with rates higher than the City's Allowance
will be required to make up the difference through salary redirection. .
Effective January 1, 2025, the monthly Cafeteria Plan Allowance will be set at
the Kaiser Permanente Region 1 rates for 2025 at the employee's selected
level of coverage unless the 2025 rates are eight percent (8%) higher than the
City's 2024 contribution. If the year -over -year rate increase exceeds 8% of the
City's 2024 contribution, the City's Cafeteria Plan Allowance shall be eight
percent (8%) higher than the 2024 contribution. Employees who select a plan
with rates higher than the City's Allowance will be required to make up the
difference through salary redirection.
Employees who elect a medical insurance plan with a lower monthly premium
than the amount of. the City's medical contribution may apply their unused
contribution amount toward other benefit options that are available under the
Cafeteria Plan, such as flexible spending accounts for out-of-pocket medical
expenses and dependent care, accident insurance, cancer insurance, heart and
stroke insurance, and life insurance benefits.
Employees who do not spend all their Cafeteria Plan Allowance on Cafeteria
Plan benefits will not receive any cash benefit.
3. Conditional Opt -Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves under an exchange/marketplace or an individual plan, will be allowed
to waive medical coverage for themselves and their qualified dependents (tax
family). The monthly conditional opt -out incentive is $750.
CONF Resolution
July 2022
The conditional opt -out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt -out payment shall no longer be
payable if the employee and family members cease to be enrolled in other
minimum essential coverage.
4. Flexible Spending Account
Effective the first full pay period in July 2022, each employee will receive a City
contribution to a flexible spending account (FSA) which can be used for IRS
eligible medical or dependent care expenses in the amount of $30.76 per pay
period.
Effective the first full pay period in July 2023, the City will additionally increase
the FSA contribution by $25.00 per pay period for a total of $55.76 per pay
period.
Effective, the first full pay period in July 2024, the City will additionally, increase
the additional FSA contribution by $25.00 per pay period for a total of $80.76
per pay period.
Benefit Cost Adiustments
1. Dental Insurance
The City shall cover the premium for dental coverage. The annual maximum
per patient benefit, not including orthodontia, shall be equal to $2,500. The
maximum lifetime per patient benefit for orthodontia coverage shall be equal to
two thousand five hundred dollars ($2,500).
2. Vision Care
The City shall cover the premium for vision coverage for employees and their
eligible dependents.
3. Life Insurance
The City shall provide fifty thousand dollars ($50,000) in life insurance coverage
per employee and shall cover the premium. Employees, depending on pre -
qualification, may purchase supplemental life insurance in multiples of ten
thousand dollars ($10,000) for up to a maximum of three hundred thousand
dollars ($300,000).
4. Accidental Death and Dismemberment Insurance
The City shall pay the premium for fifty thousand dollars ($50,000) accidental
death and dismemberment insurance coverage.
CONF Resolution
July 2022
5. Long Term.Disability Insurance
The City shall pay the premium for Long Term Disability Insurance. Employees
shall receive two-thirds of their monthly base salary, up to a salary maximum of
four thousand five hundred dollars ($4,500) per month, with a maximum benefit
of three thousand dollars ($3,000) per month.
6. Deferred Compensation Plan
The City shall pay continue to contribute fifty-five dollars ($55) per pay period.
7.. Voluntary Employees Beneficiary Association Plan (VEBA)
In replacement of the Retiree Award Program for new employees, employees
will participate in the established VEBA program. The City will contribute sixty-
nine dollars and twenty-four cents ($69.24) per pay period to each employee's
VEBA account.
C. Miscellaneous Benefits
1. Tuition Reimbursement
The City will continue the tuition reimbursement program as specified in
Personnel Rules and Regulations Section 18.3.A, with a maximum
reimbursement of $3,000 per year.
2. Bilingual Pay
Confidential Employees who are ,certified to have a working level .of
competence in languages other than English and are required to regularly
converse with members of the Campbell community, will receive one -hundred
dollars ($100) per pay period as Bilingual Pay.
SECTION 4. RETIREMENT BENEFITS AND FORMULAS
Upon submission of -enrollment information, the California Public Employees' Retirement
System (CaIPERS) shall determine whether a new employee is a "classic member" or
"new member" in accordance with the Public Employees' Pension Reform Act (PEPRA).
A. Miscellaneous Retirement Benefit Formulas /Benefits
1. Employees Hired prior to March 7, 2011
For Classic Miscellaneous Members hired prior to March 7, 2011, the City
contracts the following PERS options: 2.5% at age 55, highest 36-month
salary, military service buy back option, 1959 survivor benefit (Level 3,
5
CONF Resolution
July 2022
One-half continuance), Credit for unused sick leave (Credit for Peace
Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution
8%.
2. Employees Hired after March 6, 2011
For. Classic Miscellaneous Members hired after March 6, 2011, the City
contracts the following PERS options: 2% at age 60, highest 36-month
salary, military service buy back option, 1959 survivor benefit (Level 3,
One-half continuance), Credit for unused sick leave (Credit for Peace
Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution
7%.
3. Employees Hired after December 31, 2012
For New Miscellaneous Members hired after December 31, 2012 (Classic
Miscellaneous Members hired after December 31, 2012, are under the .
Classic Miscellaneous Members hired after March 6, 2011 plan.), the City
contracts the following PERS options: 2% at age 62, highest 36-month
salary, military service buy back option, 1959 survivor benefit (Level 3,
One-half continuance); Credit for unused sick leave (Credit for Peace
Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution
7.75%.
C. Retiree Award Program
For retirees from the City of Campbell who were hired prior to July 1, 2017,
have at least 17 years of service, and have reached a minimum age of 50, the
City will continue the existing Retiree Award Program as follows:
1. The City will award out-of-pocket costs for retirees to cover medical and
dental premiums on a reimbursement basis, as follows:
• A maximum of $325 per month.
• Retiree dependents are not eligible for the Retiree Award Program.
• Employees hired on or after July 1, 2017, will not be eligible for the
Retiree Award Program.
SECTION 5. OTHER PROVISIONS APPLICABLE TO ALL CLASSIFIED
MANAGEMENT EMPLOYEES
A. Public Employees' Retirement System (PERS)
The City will be responsible for any .increase to the PERS employer contribution
rate for the PERS plan.
0
CONF Resolution
July 2022
B. Vacation
Confidential employees shall be entitled to vacation with pay in accordance with
the following schedule. Vacation accrual shall be as follows:
1. Start of year 1 through completion of year 4, vacation will be accrued at the rate
of 3.38 hours per biweekly pay. period worked. (11 eight -hour days per year)
Retainable Hours: 192 hours
2. Start of year 5 through completion of year 10, vacation will be accrued at the
rate of 4.92 hours per biweekly pay period worked. (16 eight -hour days per
year)
Retainable Hours: 232 hours
3. Start of year 11 through completion of year 15, vacation will be accrued at the
rate of 5.85 hours per biweekly pay period worked.. (19 eight -hour days per
year)
Retainable Hours:272 hours
4. Start of year 16 and thereafter, vacation will be accrued at the rate of 6.46
hours per biweekly pay period worked. (21 eight -hour days per year)
Retainable Hours: 304 hours
C. Holidays
Confidential employees shall be entitled to -take all authorized holidays at full pay,
not to exceed eight (8) hours for any one (1) day.
The holidays,for the City are:
(1) January 1: New Year's Day
(2) Third Monday in January: Martin Luther King, Jr. Day
(3) Third Monday in February: President's Day
(4) Last Monday in May: Memorial Day
(5) July 4: Independence Day
(6) First.Monday in September: Labor Day .
(7) Fourth Thursday in November and day after: Thanksgiving Day and Day After
(8) December 24: Christmas Eve (1/2 day)
(9) December 25: Christmas Day
D. Sick Leave
Confidential employees accrue 3.69 hours of sick leave per pay period.
Accumulation is unlimited.
E. Floating Holidays
7
CONF Resolution
July 2022
Five and a half.(5.5) Floating Holidays (44 hours) shall be incorporated into the
Employee Leave Bank. Employees receive the appropriate prorated portion of this
entitlement upon hire and termination. Floating Holidays must be used during the
calendar year in which they are granted. Unused Floating Holiday.time may not be
carried over to the next calendar year. Floating Holiday time shall have no
monetary value upon termination.of employment.
F. Probationary Period
The Probationary Period of Confidential employees will beadministered in
accordance with section 9.1 of the City's Rules and Regulations. Confidential
employees shall serve a probationary period of not less than six months of service.
BE IT FURTHER RESOLVED that the City Council of the .City of .Campbell
hereby, rescinds Resolution Nos. 11437 and 12771 and replaces them with this
resolution establishing the above compensation, benefits and working conditions .
for unrepresented Confidential employees not covered by a Memorandum of
Understanding agreement.
BE IT FUTHER RESOLVED that it is not the intent of this City Council in approving
the resolution to change, modify, or repeal in any way any of the existing provisions of
the City of Campbell Personnel Rules and Regulations; and
FINALLY, BE IT FURTHER RESOLVED that the City Appointing Power and the
Human Resources Manager have the authority to take any necessary administrative
actions to implement the provisions of this resolution.
PASSED AND ADOPTED this 16th day of August 2022 by the following roll call
voter
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
V4
Q IFAndrea Sa%Iers, City Clerk
f3
CITY OF CAMPBELL
POSITION CLASSIFICATION - CONFIDENTIAL
FY 22/23 - SALARY SCHEDULE
ampV'CA4 Effective: 7/11/2022
G, ��r
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6 G�
' GR'CIIARO
CLASS CD JOB TITLE STEP RANGES
Range
Step 1
Step 2
Step 3
Step 4
Step 5
2321
EXEC ASSIST TO CM (CONF) (PPT)
CON05
ICONF
Hourly
47.07
49.38
51.88
54.49
57.20
Bi-Weekly
3,765.60
3,950.40
4,150.40
4,359.20
4,576.00
Monthly
8,158.80
8,559.20
8,992.53
9,444.93
9,914.67
Annual
97, 905.60
102, 710.40
107, 910.40
113, 339.20
118, 976.00
2320
EXEC ASST TO CM (CONF)
CONO2
CONF
Hourly
47.07
49.38
51.88
54.49
57.20
Bi-Weekly
3,765.60
3,950.40
4,150.40
4,359.20
4,576.00
Monthly
8,158.80
8,559.20
8,992.53
9,444.93
9,914.67
Annual
97, 905.60
102,710.40
107, 910.40
113, 339.20
118, 976.00
2932
HR ANALYST
CON06
CONF
Hourly
54.30
57.04
59.88
62.87
66.03
Bi-Weekly
4,344.00
4,563.20
4,790.40
5,029.60
5,282.40
Monthly
9,412.00
9,886.93
10,379.20
10,897.47
11,445.20
Annual
112, 944.00
118, 643.20
124, 550.40
130, 769.60
137, 342.40
2931
HR REPRESENTATIVE (CONF) FULL-TIME
CON04
CONF
Hourly
43.54
45.70
48.00
50.40
52.89
Bi-Weekly
3,483.20
3,656.00
3,840.00
4,032.00
4,231.20
Monthly
7,546.93
7,921.33
8,320.00
8,736.00
9,167.60
Annual
90,563.20
95,056.00
99,840.00
104,832.00
110,011.20
2930
HR REPRESENTATIVE (CONF)"
CON04
CONF
Hourly
43.54
45.70
48.00
50.40
52.89
Bi-Weekly
3,483.20
3,656.00
3,840.00
4,032.00
4,231.20
Monthly
7,546.93
7,921.33
8,320.00
8,736.00
9,167.60
Annual
90,563.20
95,056.00
99,840.00
104,832.00
110,011.20
2375
OFFICE SPEC (CONF)
CONO3
CONF
Hourly
36.67
38.53
40.47
42.46
44.60
Bi-Weekly
2,933.60
3,082.40
3,237.60
3,396.80
3,568.00
Monthly
6,356.13
6,678.53
7,014.80
7,359.73
7,730.67
Annual
76,273.60
80,142.40
84,177.60
88,316.80
92,768.00
2315
PAYROLL/ACCOUNTING TECH (CONF)
CON01
CONF
Hourly
43.69
45.86
48.19
50.60
53.11
Bi-Weekly
3,495.20
3,668.80
3,855.20
4,048.00
4,248.80
Monthly
7,572.93
7,949.07
8,352.93
8,770.67
9,205.73
Annual
90,875.20
95,388.80
100,235.20
105,248.00
110,468.80
Notes:
1) Salary increases per MOU effective July 11, 2022
[Page]l
PERSONNEL RULES
AND REGULATIONS
Amended 8.12. 2022
TABLE OF CONTENTS
PARTI = DEFINITIONS ............................. :............................ .............................................................. 1
SECTION 1.0 DEFINITION OF TERMS...................................................:.................................................... 1
PARTII - EMPLOYMENT............................:.............:..........................................................................4
SECTION 2.0 GENERAL PROVISIONS ....................
2.1 Fair Employment.........................................:.......:.......................................................................
4
2.2 Violation of Rules........................................................................................................................
4
2.3 Amendment and Revision of Rules........................................:.................................................... 4
SECTION3.0 CLASSIFICATION PLAN ....................... ::........................ ...................................................... 5
3.1 Preparation of Plan .................... .......................................................... ..................................... ... 5
3.2 Adoption and Revision of Plan.................................................................................................... 5
3.3 Allocation of Positions.................................:.............................................................................. 5.
3.4 New Positions....................................................................................:........................................ 5
3.5 Reclassification............................................................................................................................5
SECTION4.0 COMPENSATION......................................:.........................................................................6
4.1 Preparation of Plan..............................................................:...................................................... 6
4.2 Classified Non-Management...................................................................................................... 6
4.3 Management...............................................................................................................................6
4.4 Adoption of Plans......................................................... :.............................................................. 7
SECTION 5.0 RECRUITMENT...............................................:................................................................... 8
5.1 Announcement ......••• 8
5.2 Request for Application Forms................................................................................................... 8
5.3 Application Forms = Following an Announcement ................... .............. 8
5.4 Disqualification...........................................:........................................:...................................... 8
5.5 Disqualification - Nepotism........................................................................................................ 8
SECTION6.0 EXAMINATIONS...............................................................................................................
10
6.1 Nature and Types of Examinations............................................................................................
10
6.2 Promotional Examinations........................................................................................................
10
6.3 Continuous Examinations ....................................................... ..................................................
10
6.4 Conduct of Examination............................................................................................................
10
6.5 Scoring Examinations and Qualifying Scores............................................................................
10
6.6 Notification of Examination Results.........................................................................................
10
6.7 Cooperative Testing............................................................ :......................................................
10
SECTION7.0 EMPLOYMENT LISTS:.......................................................................................................
11
7.1 Employment Lists......................................................................................................................
11
7.2 Duration of Lists ....... :............................................................... ..................................................
11
7.3 Removal of Names from Lists....................................................................................................
11
SECTION 8.0 METHOD OF FILLING VACANCIES..............:.............:..:.....................................................
12
8.1 Types of Appointments ........................................... ................. .................................................
12
8.2 Notice to Personnel Officer......................................................................................................
12
8.3 Certification of Eligibles............................................................................................................
12
8.4 Order of Employment....................................:..........................................................................
13
8.5 Appointment...............................................................................:.......:.....................................
13
9.1 Objective of Probationary Period.............................................................................................
14
9.2 Probationary Period--Non-management Positions..................................................................
14
9.3 Probationary Period - Classified and. Unclassified Management Positions ..............................
14
9.4 Extension of Probationary Period.............................................................................................
14
9.5 Rejection of Probationer ...................... ...................................................................................... 15
SECTION 10.0 PERFORMANCE EVALUATIONS...................................................................................... 16
10.1 Evaluation of Employee Performance..................................................................................... 16
SECTION 11.0 PAYDAYAND PAYADJUSTMENTS................................................................................. 17
11.1 Payday..................................................................................................................................... 17
11.2 Application of Rates......................:...:....:....:................:...................................................:...... 17
11.3 Merit Salary Increases....................................................,......................:.................................17
11.4 Anniversary Date................................:..................................................................................... 17
11.5 Salary Change Effective Date...........................................................,...................................... 17 .
11.6 Beginning and Terminating Pay Computations.........:........................:................................... 18
12.1 Transfer................................................:.................................................................................. 19
12.2 Promotion.:........................:........:...............................:..:.......:..:.....:..::................................... 19
12.31 Demotion:......................:........................................................................................................ 19
12.4 Suspension...........................:.................................:......:................:........................................ 19
12.5 Reinstatement...........................................:.......................:.....................................................19
12.6 Pre -Disciplinary Hearing Procedures...................................................................................... 20
12.7 Disciplinary Action --Police Officers ......................
12.8 Just Cause For Discipline:.....:................:..........:.................................................................:.... 20
SECTION 13.0 SEPARATION FROM THE SERVICE .............. :..................................................................... 22
13.1 Discharge..............:...........:......................................................................................................22
13.2 Discharge --Unclassified Management Personnel..................................:................................ 22
13.3 Reduction in Force...........................:...:.........................:........:............................................... 22
13.4 Resignation.............:...................:...........................................................:............................... 24
13.5 Separation Date .......................................... ............................................................................. 24
SECTION 14.0 REPORTS AND RECORDS.............:........:........:.......:.........................:.................:............ 25
14.1 Roster Cards...........................................,....................................:........................................... 25
14.2 Change of Status Reports........................................................................................................ 25
14.3 Destruction of Records........................................................................................................... 25
SECTION15.0 COOPERATION........:....:............:.................................................:.................................... 26
15.1 Cooperation of Municipal Officers and Employees................................................................ 26
15.2 Applications of Rules..........................................................:.................................................... 26
15.3 Gifts and Payments................................................................................................................. 26
15.4 Directives .................................................. ............................................... :............................... 26
15.5 Financial Affairs....................................................................................................................... 26
15.6 Notification of Address .............. :............................................................................................ 26
15.7 Official Personnel Files................................................:.....:.....:............................................... 26
15.8 Substance Abuse................:.................................................................................................... 26
PART III -TOTAL COMPENSATION...................................................................................................27
SECTION 16.0 ATTENDANCE AND LEAVES .....................:. .......... 27
16.1 Purpose of Annual Vacation Leave........................................................................................ 27
16.2 Vacation Accrual Rates...................................................:............................:.......................... 27
16.3 Use of Vacation......................................................................................:................................ 27
16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation. Hours........... 28
16.5 Vacation.Pay on Separation..................................................................................................... 29
16.6 Sick Leave Accrual Rate - 40-Hour Week...............:...............:................................................ 29
16.7 Use of Sick Leave ............. ***....**........
.................................................................................... 29
16.8 Use of Family Sick Leave......................................................................................................... 29
16.9 Bereavement Leave................................:................................................................................ 29
16.10 Computing Sick Leave.................................................................................. ......
30
16.11 Compensation for Unused Sick Leave..................................................................................
30
16.12 Administrative Leave --Management Employees Only .................:.......................................
30
16.13 Injury Leave............................................................ :...............................................................
31
16.14 Military Leave ................................... ........................................................................ :............
31
16.15 Leave of Absence without Pay .............................. :...............................................................
31
................................................................................................
16.16 Special Leave of Absence ......
31
16.17 Maternity Leave................................:...................................................................................
32
16.18 Jury Duty.......................................................:.......................................................................
32
16.19 Hours of Work.......................................................................................................................
32
16.20 Timecards..............................................................................................................................
32
16.22 Overtime ...................................... ...........................................................................................
33
16.23 Compensatory Time....................................................:.........................................................
34
16.24 Unauthorized Leave..............................................................................................................
35
16.25 Salary Deduction --Employees Exempt from FLSA Overtime Provisions ...............................
35
SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS................................................
36
17.1 Motorcycle Assignment Pay...................................................................................................
36
17.2 Replacement of City -Issued Equipment--Non-management Police Department Safety
Personnel................................................................................................................ .............
36
17.3 Working Out -of -Class Pay--Non-management Police Department Safety Personnel............
36
17.4 POST/Educational Incentive Pay --Police Department Non -Management Public Safety
Personnel..............................................................................................:..............................
36
17.5 Emergency Transfer of Sick Leave --Employees Represented by Campbell Peace Officers
Association...............................:..............................:...................:.................:......................
37
17.6 Meal Allowance --Employees Represented by Campbell Peace Officers Association............
37
17.7 Detective On -Call Pay..............................................................................................................
37
17.8 Bilingual Pay ....................... :................................................... :................................................
38
17.9 Vacation Buy Back..................................................................................................................... 3
17.10 Meal AlIowa nce--CPCEA Represented Employees...............................................................
38
17.11 Working Out -of -Class Pay--CPCEA Represented Employees ................................................
38
17.12 Trainer Pay --Police Records Specialists and Public Safety Dispatchers ................................
38
17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA..........................................
40
17.14 Bilingual Pay..........................................................................................................................
40
17.15 Reserved..:......................................................................:.................................. ;...................
41
17.16 Split Shift Differential............................................................................................................
41
17.17 Working Out -of -Class Pay --Public Works Maintenance Division Non -management
Personnel..............................................................................................................................
41
17.18 Workers' Compensation Benefits --Public Works Non -management Maintenance, Mechanic
and Traffic/Lighting Personnel.............................................................................................
42
17.19 Standby Pay --Public Works Non -management Maintenance, Mechanic and Traffic/Lighting
Personnel.....................................................................................:.......................................
42
17.20 Meal Allowance --Public Works Maintenance Division Non -management Personnel .........
43
17.21 Class B Driver's License --Public Works Non -management Maintenance, Mechanic and
Traffic/Lighting Personnel.....:..........................................................:..:................................
43
17.22 Bilingual Pay - Public Works Non -management Maintenance, Mechanic and
Traffic/Lighting Personnel ...................... ............ ............................. :....................................
43
17.23; 17.24 Reserved....................................................................................................................
43
17.25 Working Out -of -Class Pay --Confidential Employees and Employees Represented by
Campbell Municipal Employees Association
iii ,'
17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association, 44
17.2.7 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation - Confidential
Employees, Employees Represented by Campbell Municipal Employees Association and
ManagementEmployees..................................................................................................... 44
17.28 Meal Allowance - Employees Represented by Campbell Municipal Employees Association 44
SECTION 18.OTRAINING OF EMPLOYEES ...........:.......
18.1 Responsibility for Training............................................................... :.................................... :. 46
18.2 Credit for Training................................................................................................................... 46
18.3 In -Service Training Incentive Program.................................................................................... 46
PART IV.- EMPLOYER -EMPLOYEE RELATIONS.............................................:............................:....:...48
SECTION 19.O CITY EMPLOYEE ORGANIZATIONS.......................................................:......................... 48
19.1 Employee Rights........................:...............::...................................................a........................ 48
19.2 Meetings and Employee Organization Activities.......................:............................................ 48
19.3 Use of City Facilities....................:........................................................................................... 48
19.4 Use of City Equipment............................................................................................................. 48
19.5 Use of Bulletin: Boards............... ............
............... :............. :....................................................... 48
19.6. Payroll Deductions - Employee Organizations......................................................................... 49
19.7 General Provision Regarding Americans with Disabilities Act .........................................::.:... 49
SECTION 20.O GRIEVANCE PROCEDURES
,.... ... 50
20.1 Purpose of Rules .... :........................................................... ........................................ ............. 50
20:2 . Definition, Scope and Right to File.........:................................................................................ 50
20.3 Grievance Steps...................................................................................................................... 50
20.4 General Conditions for All Grievances.................................................................................... 52
SECTION21.0 RULES OF APPEAL TO CITY COUNCIL-DISMISSALS........................................................53
21.1 Right of Appeal........................................................................ ............................................ ..... 53
21.2 Method of Appeal.........................................................................................• .
21.3 Notice.... .................................................................... ...53
21.4 Investigation............................................................................................................................ 53
21.5 Hearings............................................................................................................:..................... 53
21.6 Findings and Recommendations..........................................................................:.................. 53
PART V - MISCELLANEOUS...............................................................................................................54
SECTION 22.0 EMERGENCY PREPAREDNESS....................................................................................... 54
22.1 Emergency. Preparedness....................................................................................................... 54
SECTION 23.0 COURT APPEARANCES ........................ ...... 54
.....................................................................
23.1 Employees - Civil Trials............................................................................................................ 54
SECTION 24.0 OUTSIDE EMPLOYMENT.......................................................
24.1 Outside Employment - Non -management Personnel............................................................ 54
24.2 Application for Permit to Engage in Outside Employment..................................................... 55
24.3 Maximum Hours Permitted in Outside Employment............................................................. 55
24.4, Injuries Resulting from Outside Employment..........................................................................55
24.5 Outside Employment and Sick Leave........:............................................................................. 55
24.6 Outside Employment --Management Personnel..................................................................... 55
SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS .................... 57
25.1 Reimbursement Policy............................................................................................................ 57
SECTION 26.0 CITYVEHICLES AND DRIVERS....................................:.................................................... 57
26.1 Use of City Vehicles and Equipment........................................................................................ 57
iv
26.2 Employee Driving Habits......................................................................................................... 57
26.3 Motor Vehicle License............................................................................................................. 57
26.4 California Vehicle Code Restrictions....................................................................................... 57
26.5 Pool Cars................................................................................................................................. 58
26.6 Use of Personal Vehicle for City Business............................................................................... 58
26.7 City Vehicles and Employees on Standby Basis...................................................................... 58
26.8 Procedure for Accidents......................................................................................................... 58
26.9 Service of City Vehicles........................................................................................................... 58
26.10 Mileage for Evening Meetings.............................................................................................. 58
26.11 Mileage for Out -of -Town Meetings...................................................................................... 58
26.12 Mileage for Employee's Car on City Business....................................................................... 59
26.13 Seat Belts...................................................................................:.......................................... 59
ADDENDUM"A".............................................................................................................................60
I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP ................................... 60
Campbell Municipal Employees Association................................................................................... 60
Campbell Police Civilian Employees Association............................................................................. 60
Northern California Carpenters Regional Council ...............................Error! Bookmark not defined.
ManagementEmployees................................................................................................................. 60
ConfidentialEmployees................................................................................................................... 60
II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS...................................................................... 60
v
PART I —DEFINITIONS
SECTION 1.0 DEFINITION OF TERMS
The following terms, whenever used in these rules, shall be defined as follows:
Allocation: The assignment of a single position to its proper class in accordance with the duties performed
and the authority and responsibilities exercised.
Anniversary Date: (See Review Date)
Appointing Power: The City Manager and/or Department Head who has the authority to make appointment
to the position to be filled.
Class: All positions sufficiently similar in duties, authority and responsibility to permit grouping .under a
common title, and the application with equity of common standards of selection, transfer, promotion, and
salary.
Classified Non -Management Service: All positions of employment within the service of the City except
positions filled by management employees. (See definition of "Management Employee" in the City's
Employer - Employee Relations Resolution No. 6647.)
Classified Management: Those positions filled by management employees, except those classifications
defined as "Unclassified Management" in this Section.
Demotion: The movement of an employee from one class to another class having a lower maximum rate of
pay•
Eligible: A person whose name is on an employment list.
Employee Organization: Means an organization recognized in accordance with Section 9 of the City's
Employer -Employee Relations Resolution No. 6647.
Employment List:
Open Employment List: A list of names of persons who have taken an open competitive
examination fora position in the Classified service and have qualified.
Promotional Employment List: A list of names of persons who have taken a promotional
examination for a position in the Classified service and have qualified.
Examination: Open Competitive Examination: An examination for a particular class which is open to all
persons meeting the requirements for the position.
Promotional Examination: An examination for a particular class, admission to the
examination being limited to permanent and probationary employees in the Classified
service who meet the requirements for the position.
PART I - DEFINITIONS (cont.)
Continuous Examination: An open competitive examination administered periodically
resulting in the placement of names, in order of final scores, on an employment list for a
period of one year.
Iniury Leave: Necessary leave arising out of and in the course of employment as defined by Workers'
Compensation laws, State of California Labor Code.
In -Service Training: Any class, seminar, workshop, training course or conference participated in by an
employee while working for the City.
Interested Party: Any individual or agency affected by these rules and regulations.
Maioriity Representative: Means an employee organization, or its duly authorized representative, that has
been granted formal recognition by the Municipal Employee Relations Officer as representing the majority
of employees in an appropriate unit (see Employer -Employee Relations Resolution No. 6647).
Management Personnel: Management employees as defined in the City's Employer -Employee Relations
Resolution No. 6647.
Merit Salary Increases: Advancement through the steps of a salary range, based on satisfactory job
performance, at specified time intervals.
Municipal Employee Relations Officer: The City Manager or his duly authorized representative.
Normal Workweek: A normal workweek is defined as five working days unless modified by the Department
Head with the approval of the City Manager.'
Permanent Employee: An employee who has successfully completed his/her probationary period and has
been retained as hereinafter provided in these rules.
Permanent Part-time Employee: An employee appointed on a part-time basis to an authorized position
with partial benefits.
Personal Effects: Those items worn or carried by the employee in the line of duty.
Personnel Officer: Shall be the City Manager or his delegated representative.
Pool Cars: City vehicles designated for use by employees on a "sign -out" basis. Not applicable to vehicles
permanently assigned to specified Management or standby personnel.
Probationary Period: A working test period during which an employee is required to demonstrate fitness
for the assigned position by actual performance of the duties of the position.
Promotion: The movement of an employee from one class to another class having a higher maximum pay
rate.
2
1
PART I — DEFINITIONS (cont.)
Provisional Appointment: An appointment of a person who possesses the minimum qualifications
established for particular class and who has been appointed to a position in that class in the absence of
available eligibles and until an eligibility list can be established within the following six month period.
Reclassification: Allocation by the Personnel Officer of an individual position to another more appropriate
classification, whether new or already created.
Reinstatement: The reemployment without examination of a former permanent or probationary employee.
Review Date: A date set following a beginning level or promotional appointment, on which an employee is
due for a performance. evaluation, or is eligible for status change, or should be considered for a merit
increase -A date sometimes referred tows an "anniversary date."
Suspension: The temporary separation from the service, without pay, of an employee for disciplinary
purposes.
Temporary Employee:. An employee appointed 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. Such appointments. are based
on an hourly rate of pay and do not include benefits except as prescribed by law.
Total Compensation: The total remuneration, including salary, applicable economic employee benefits, and
working conditions received by the employee from.the City.
Transfer: A change of an employee from one position to another in the same class or in a comparable class.
Unclassified Management: The following Management classes are defined as "Unclassified Management"
positions: City Manager, Public Works Director, Police Chief, Community Development Director, Finance
Director, Recreation and Community Services Director, and Administrative Services Director.
3
PAK I II - tIVIrLV v IVICIV I
SECTION 2.0 GENERAL PROVISIONS
2.1 Fair Employment
No question in any test, application form, or in any other personnel proceeding by any appointing authority
shall be so framed as to attempt to elicit information concerning race, religious creed, color, national origin,
ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation
unless required for compliance with any federal or state law or regulation regarding equal opportunity in
employment. No appointment to or removal from a position in the competitive service shall be affected or
influenced in any manner by any consideration of race, religious creed, color, national origin, ancestry,
mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless such
physical or mental disability precludes the performance of an essential job function.
2.2 Violation of Rules
Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion or dismissal.
2.3 Amendment and Revision of Rules
Amendments and revisions may be suggested to the City Council by any interested party and shall be
submitted to the City Council through the City Manager's Office. Proposed amendments or revisions to
these rules shall be publicly posted for at least five consecutive days prior to consideration by the City
Council. At the time of consideration, any interested person may appear and be heard. Amendments and
revisions shall become effective upon adoption by the City Council.
4
��.. wJy s.0 CLASSIFICATION PLAN
3.1 Preparation of Plan
The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record.the
duties and responsibilities of all classified and unclassified positions and, after consulting with appointing
authorities and heads of departments affected, shall recommend a classification plan for such positions. The
classification plan shall consist of classes of positions defined by class specifications including the title. The
classification plan shall be so developed and maintained that all positions substantially simila.r with respect
to duties, responsibilities, authority, and character.of work are included within the same class, and that the
same schedules of compensation may be made to apply with equity under like working conditions to all
Positions in the same class.
3.2 Adoption and Revision of Plan
The classification plan shall be adopted and may be amended from time to time by resolution of the City
Council. At the time of consideration, any interested party may appear and be heard. Amendments and
revisions of the plan may be suggested to the City Council by any interested party and shall be submitted to
the City Council through the City Manager's Office. Notice of City Council consideration of the proposed .
classification plan, amendments or revisions shall be publicly posted at least five days prior to City Council
Action.
3.3 Allocation of Positions
Following the adoption of .the classification plan, the Personnel Officer shall allocate every position in the
management and non -management service to one of the classes established by the plan.
3.4 New Positions
When a new position is created, before it may, be filled, the appointing authority shall notify the Personnel
Officer and, except as otherwise provided by ordinance or these rules, no person shall be appointed or
employed to fill any such position until the classification plan shall have been amended to provide therefore
and an appropriate employment list established for such position.
3.5 Reclassification
Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated
by the Personnel Officer to a more appropriate.class, whether new or. already created. Reclassifications shall
not be used for the purpose of avoiding restrictions concerning demotions and promotions.
s
SECTION 4.0 COMPENSATION
4.1 Preparation of Plan
The Personnel Officer or the person or agency employed for that purpose shall prepare a compensation plan
covering all classifications.
4.2 Classified Non -Management
The basic criteria and survey techniques used in determining the recommended total compensation plan for
the meeting and conferring sessions with employee representatives of classified non -management
personnel shall be guided by the following policies:
A. To observe the principle of equal pay for equal work, through the grouping of positions,
involving substantially similar duties into classes and then setting salary ranges for these
classes in proper relationship to each other.
B. To provide pay range differentials that recognize differences among classes with regard
to skill, difficulty, responsibility and exercise of supervisory and administrative
responsibilities.
C. To recognize compensation levels and trends in comparable governmental jurisdictions
in order to keep compensation generally in line and competitive with compensation in
those jurisdictions. The geographic area from which comparable governmental
jurisdictions will be selected are the Counties of Santa Clara, San Mateo and Alameda.
Among the criteria to be considered in selecting comparable governmental jurisdictions
will be: population, number of employees, tax base, and common service areas. Should
the City propose any change to either the benchmark positions or jurisdictions utilized
in the compensation survey, the affected employee organization will be notified and
allowed to review and discuss the proposed change prior to the preparation of the
compensation data.
D. To provide sufficient flexibility in both compensation policy and administration to meet
the needs of those in City service.
E. To encourage new and imaginative approaches and solutions to compensation
problems.
F. To adopt a classification and compensation plan which represents a reasonable
expenditure to the City taxpayer and is consistent with the City's ability to pay for said
plan on both a short and long term basis.
4.3 Management
Recognizing that effective operation of local government requires the attraction and retention of qualified
management personnel, the basic criteria used in determining the recommended compensation plan for
management personnel shall be. guided by the following policies:
6
4.3 Management (continued).
A. To provide a compensation plan for management personnel.which will enable the City
to recruit, promote, train and retain qualified and competent personnel at each level of
management.
B. To recognize the City's requirements and expectations from management personnel
which may require elements of a compensation plan which shall be applicable only to
management personnel.
C. To establish salary ranges for management personnel which are based on the following
factors:
1. Salary relationship to top subordinate - A department head should be in a
salary range which is a minimum of 10 percent above the. top.step of the
range of his highest salaried assistant or division head. An assistant or
division head should be in a salary range which is a minimum of 7-1/2
percent above the top step of any of the management or non -management
personnel under his or her direct supervision.
2. Degree of risk -taking and irripact on City if error in judgment is made.
3. Compensation'of subordinate personnel.
4. Years of service - Management personnel with years of service to the City
should deserve consideration for this additional experience.
5. Education and experience requirements:
6. Number of employees/responsibility.
7. Extra duties and assignments delegated by City Manager.
8. Performance.
D. To -establish a compensation plan which is competitive with comparablemanagement
positions in cities of comparable size and operations.
4.4 Adoption of Plans
The non -management compensation plan shall be adopted and may be amended from time to time as
Memorandums of Understanding are mutually agreed to by the City Council and employee organizations or
other second parties, as permitted by State legislation. Management compensation plans shall be adopted
from time to time upon recommendation of the City Manager. Amendments and revisions to the plans may
be suggested to the City Council by any interested party and shall be submitted to the City Council through
the City Manager's Office. Notice of City Council consideration of the proposed amendments or revisions to
the compensation plan shall be publicly noticed at least five days prior to City Council action. Revisions or.
amendments involving replacements or promotions within the current plan shall be noticed as an item on
the City Council agenda.
SECTION 5.0 RECRUITMENT
5.1 Announcement
All examinations for positions in the classified non -management and management service shall be publicized
by posting announcements in the City Hall on official bulletin boards and by such other methods as the
Personnel Officer deems advisable. Special recruitment shall be conducted, if necessary, to insure that all
segments of the community are aware of forthcoming examinations. The announcement shall specify the
title and pay of the position for which the examination is announced; the nature of the work to be
performed; typical duties; qualification requirements for the position; the manner of making application and
any other pertinent information.
5.2 Request for Application Forms
Applications will not be given out to people inquiring about City positions unless there is an opening. Names
and addresses of people inquiring about openings with the City shall be placed on an employment mailing
list and retained for a period not to exceed six months. Such applicants shall be notified by mail of any
applicable vacancies occurring during that period.
5.3 Application Forms - Following an Announcement
Application shall be made as prescribed on the examination announcement. Application forms shall require
information covering training, experience and other pertinent details, and may also require that birth
certificates, high school diplomas, college transcripts and certificates of one or more examining physicians,
and/or references be attached. All applications must be signed by the person applying.
5.4 Disqualification
The Personnel Officer shall reject any application which indicates on its face that the applicant does not
possess the minimum qualifications required for the position. Applications shall be rejected if the applicant
is physically unfit for the performance of duties of the position; is addicted to the habitual excessive use of
drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false
statement of any material fact, or practiced any deception or fraud in his application. Whenever an
application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by
the Personnel Officer. Defective applications may be returned to the applicant with notice to amend the
same, providing the time limit for receiving applications has not expired.
5.5 Disqualification — Nepotism
It is the policy of the City of Campbell to remain free from nepotism and, therefore, the following rules have
been established for City employment:
A. Members of the immediate family of City Councilmembers may not be employed by
the City during the Councilmember's term of office.
B. Members of an immediate family may not be employed simultaneously by the City in
positions where family influence and/or relationship might affect supervision, safety,
security, or morale in a manner detrimental to the conduct of City business, or where
such relationships may result in conflicts of interest.
8
5.5 Disqualification -Nepotism (continued)
C. Should an "immediate family" situation arise during employment, and should such
relationship give rise to violation of subsection A or B, management will make every
effort to transfer one of the members of the immediate family to a position where
these provisions would not be violated. If such a transfer is not possible or practical, a
choice will be given to the persons involved as to which will leave City employment. If
such a choice is not made within 30 days of the creation of the conflict, the City
Manager shall, in his or her sole discretion, terminate the employment of one member
of the family.
D. "Immediate family" is defined as spouse, father, mother, brother, sister, son or
daughter, grandmother or grandfather, grandson or granddaughter.
Z
SECTION 6.0 EXAMINATIONS
6.1 Nature and Types of Examinations
The selection techniques used in the examination process shall be impartial, of a practical nature and shall
relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities
of the persons examined to execute the duties and responsibilities of the position to which they seek to be
appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of
candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests,
physical agility tests, evaluation of daily work performance, work samples, medical examinations, or any
combination of these or other tests. The probationary period shall be considered as an extension of the
examination process. Examinations shall be designed to provide equal opportunity to all candidates by
being based on an analysis of the essential requirements of the classification, covering only factors related
to such requirements.
6.2 Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer after
consultation with the respective department head, the needs of the service require. Promotional
examinations may include any of the selection techniques mentioned in 6.1, or any combination of them.
Only permanent or probationary employees who meet the requirements set forth in the promotional
examination announcement may compete in such an examination.
6.3 Continuous Examinations
Open competitive examinations may be administered periodically for a single class as the needs of the
service require. Names shall be placed on employment lists, and shall remain on such lists as prescribed in
Section 7.0.
6.4 Conduct of Examination
The City Council may contract with any competent agency or individual for the preparing and/or
administering of examinations. In the absence of such a contract, the Personnel Officer shall see that such
duties are performed. The Personnel Officer shall arrange for the use of public buildings and equipment for
the conduct of examinations.
6.5 Scoring Examinations and Qualifying Scores
A candidate's score in a given examination shall be based on his/her scores in each competitive part of the
examination, weighted as shown in the examination announcement. Failure in one part of the examination
may be grounds for declaring such applicants as failing in the entire examination or as disqualified for
subsequent parts of an examination. The Personnel Officer may, at his discretion, include as a part of the
examination tests which are qualifying only.
6.6 Notification of Examination Results
Candidates in an examination shall be given written notice of the results thereof and, if successful, of their
final score on the examination.
6.7 Cooperative Testing
The Personnel Officer may cooperate with other governmental agencies charged with personnel
administration in conducting joint recruitment and testing for the establishment of common eligibility lists.
10
SECTION 7.0 EMPLOYMENT LISTS
7.1 Employment Lists
As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep
available an employment list consisting of the names of candidates who qualified in the examination
arranged in order of final scores from the highest to the lowest qualifying score.
7.2 Duration of Lists
Employment lists shall remain in effect for one year unless sooner exhausted or abolished by the Personnel
Officer, and may be extended for additional periods prior to their expiration date by action of the Personnel
officer. In no event shall an employment list remain in effect for more than two years. Open competitive
lists -created as the result of continuous examinations' shall remain in effect for one year after the last
administration of such examination unless sooner exhausted. Names placed on such lists shall be merged
with any others already on the list in order of final scores and shall remain on the list for one year.
Whenever there are fewer than three names on a promotional or open competitive list, the appointing
authority may make an appointment from among such eligibles or may request the Personnel Officer to
establish a new list. When so requested, the Personnel Officer shall hold a new examination and establish a
new employment list.
7.3 Removal of Names from Lists
The name of any person appearing on an employment, reemployment or promotional list shall be removed
by the Personnel Officer if the eligible requests in writing that his name be removed; if the person fails to
respond to a notice of certification mailed to his/her last known address; if the person has been certified for
appointment three times and has not been appointed; or for any of the reasons specified in 5.4 of these
rules. The person affected shall be notified of,the removal of his name by a notice mailed to his last known
address. The names of persons on promotional employment lists who resign from City service shall
automatically be dropped from such lists.
I
SECTION 8.0 METHOD OF FILLING VACANCIES
8.1 Types of Appointments
All vacancies shall be filled by transfer, demotion, reemployment, reinstatement, or from eligibles certified
by the Personnel Officer from an appropriate employment. list, if available. In the absence of such eligible
persons, provisional appointments may be made in accordance with the Personnel Ordinance and these
rules. Appointments to positions in the City service fall into the following categories:
A. Permanent Full -Time: Appointment on a full-time basis to an authorized position.
B. Permanent Part -Time: Appointment on a part-time basis to an authorized position
with partial benefits.
C. Temporary: 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. Such
appointments are based on an hourly rate of pay and do not include benefits except
as prescribed by law. The status of those employees in this employment class shall be
reviewed after six months to determine whether or not continuation of employment
is necessary. No special credit or consideration for service shall be given to a
temporary appointee in qualifying for a permanent appointment.
D. Provisional: In the absence of appropriate employment lists, a provisional
appointment may be made by the appointing authority of a person meeting the
minimum training and experience qualifications for the position. An employment list
shall be established within six months for any permanent position filled by provisional
appointment. The City Manager, with the approval of the City Council, may extend
the period for any such appointment for not more than 30 days by any one action. No
special credit or consideration for service shall be given to a provisional appointee in
qualifying for a permanent appointment.
E. Limited Term: Limited term positions may be used to staff specific projects of
functions for which funding is limited or uncertain. Limited term appointments enable
the City to efficiently and fairly staff certain positions. Limited term employees will
receive staff benefits and will be advised of the length of employment prior to
accepting an offer. Furthermore, such appointments are "at -will" and end when funds
are no longer available, or when the project workload is complete.
8.2 Notice to Personnel Officer
Whenever a vacancy in the competitive service is to be filled, the appointing power shall notify the
Personnel Officer.
8.3 Certification of Eligibles
The Personnel Officer shall provide the names of persons eligible for appointment in the following order:
Requests for transfer or demotion.
Names on reemployment list (see 13.3G).
Names on promotional list.
Requests for reinstatement (see 12.5).
Names on open competitive list.
12
Section 8.0 - Method of Filling Vacancies (continued)
8.4 Order of Employment
The appointing power may fill a vacancy by transfer or demotion. If not filled by transfer or demotion, an
appointment would be made to the person at the top of the reemployment list if one exists. If not filled as
noted above, the vacancy may be filled from the promotional list. If the vacancy is not filled by transfer,
demotion, reemployment or from a promotional list, the appointing power may fill the vacancy from the
reinstatement or open competitive list provided that, if three or more names exist on the promotional list,
the appointment shall be made from such list.
8.5 Appointment
After interview and investigation, the appointing power shall make appointments from among those
certified and shall immediately notify the Personnel Officer of the persons appointed. The person accepting
the appointment shall present himself to the Personnel Officer or a designated representative for processing
on the date of appointment or at a later date as arranged. If the applicant accepts the appointment and
presents himself for duty at such time as the appointing authority shall prescribe, he shall be deemed to be
appointed; otherwise, he shall be deemed to have declined the appointment.
13
SECTION 9.0 PROBATIONARY PERIOD
9.1 Objective of Probationary Period process for appointments to permanent
The probationary period shall be considered a part of the testing
and art -time positions, and shall be utilized for closely observing employee's work and for If a probationary employee is off
full p
the most effective adjustment of a new employee in the new po eriod will be
work, for any reason, for more than 4 consecutive weeks, the employee's probationary p
extended accordingly.
9.2 Probationary Period--Non-mana ement Positions obationary period. The following non -
All original appointments shall be tentative and subject to a pr
management classifications shall serve probationary period as outlined below:
to ees represented by CMEA shall serve a probationary period of not less than six months of
Emp y
service. eriod of not less than twelve months of
Employees represented by CARP shall serve a probationary p
service.
nts —upon date of hire and 18 months following the
Police Officer Trainee Appointme
date of swearing in as a Police Officer
Police Officer Lateral Appointments —18 months from the date of hire
Police Promotional Appointments —12 months from the date of prol otioRecords Supervisor, and
Police Records Specialists, Public Safety period of one year.
Communications Supervisor shall serve a probationary p
All prom
otional appointments shall be tentative, and subject to a probationary period of not less than six
months of service.
The appointing power may
.establish a longer probationary period for original and promotional
appointments for specific classes. The Personnel Officer and or not the services of the probationary
robationer shall *be notified two weeks
pp probationary period as to whether
prior to the termination of any p ointment and
employee have been satisfactory. If satisfactory, the unlesslanee shall extension cof probationarythepperiod (9.4) is
if unsatisfactory, the employee shall be rejected
requested.
9.3 Probationa Period classified ndmednts shall be tentative and subject to a probationary period of not less
All original and promotional app tablish a longer probationary period for original and
than one year. The appointing power may es
promotional appointments o whetheroprobationer notthe serybenotified
ofthe
prom for specific classes. The Personnel officer th
P probationary period as
two weeks prior to the termination of any p
atisfactory. If satisfactory, the employee shall receive a permanent
probationary employee have been s
appointment and if unsatisfactory, the employee shall be rejected unless an extension of the probationary
period (9.4) is requested.
9.4 Extension of Probationary Period period, if the probationary employee has
The Personnel Officer may grant an extension of the probationary
been absent from his/her job for a consecutive period of four weeksenceore. If extended, the probationary
period will be extended an amount of time equal to the length of a
14
Section 9.0 — Probationer Period continued
9.5 Re section of Probationer
During the probationary period of an original ap
pointment, ppointment, an employee may be rejected at an time b
g power without cause and without the right of a �
rejection in writing shall be served on the probationer and a copy filed y Y tF,
appeal'or to file a grievance. Notification o�
9.6 Reiection Followin Promotion with the Personnel Officer.
Any employee rejected during the probationary period following
conclusion of the probationary period, by reason of failure of the appointing
his/her services have been satisfactory, shall be reason
a a promotional appointment, or t the
unless charges are filed and he/she is discharged in the pi sting power to file a statement that
reinstated to the position from which he/she was promoted
these rules. (For employees represented b manner provided in the Personnel Ordinance and
MOU for a different provision on this subject.) CEA and CPOA, see the SEW 1996 MOU and the CPOA 1997
15
SECTION 10.0 PERFORMANCE EVALUATIONS
10.1 Evaluation of Employee Performance
It is the responsibility of department heads and/or supervisors to prepare periodic evaluations of
performance results to measure and record the employee's actual performance. Strengths and weaknesses
will be documented and recommended courses of corrective action outlined for correction and
improvement. Such service rating plans shall measure, as objectively as possible, both quantity and quality
of work, the manner in which the service is rendered, and the observance of regulations and procedures
properly governing the performance of duties.
A. Performance ratings shall accompany all requests for merit increases. Employees at
the E step shall have their performance evaluated annually, with the exception of
those departments that require regular performance rating throughout the year.
B. Performance evaluations shall be based upon forms prescribed by the Personnel
Officer. Service ratings shall be based upon the independent judgment of one or more
supervisory personnel, including the immediate supervisor of the employee being
rated. The completed performance report shall be presented to the employee for
review and signature, and then forwarded to the Personnel Officer for review and any
appropriate action.
C. Employees shall have the right to appeal a performance evaluation when they believe
the performance ratings received are unfair. Appeals will be processed through the
grievance procedure provided for in Section 20.0 of these rules.
D. Performance ratings shall be taken into consideration for purposes of rejection,
discharge, demotion, promotion, transfer, permanent status, and merit increases.
16
SECTION 11.0 PAYDAY AND PAY ADJUSTMENTS
11.1 Payday
Pay periods will be on a biweekly basis ending at midnight on Sunday. Payday will fall on a Thursday in the
second week following the end of each pay period. If payday falls on a holiday, employees will be paid on
the last working day preceding the regular payday. The Finance Director shall prepare, or cause to be
prepared, a biweekly salary roll. The City Council shall audit said payroll at its first regular meeting following
the preparation of the salary roll and shall require adjustments in the event of errors appearing in said
payroll.
11.2 Application of Rates
Employees occupying a position in the City service shall be paid a salary or wage established for that
Position's class under the pay plan. The minimum rate, if provided, for the class generally shall apply to
employees upon original employment. However, the City Manager may, when circumstances warrant it,
authorize original appointment or reinstatement at other than the minimum rate.
11.3 Merit Salary Increases
Merit salary increases provide for advancement through the steps of a salary range, based on satisfactory
job performance, at specified time intervals. Such increases shall not be automatic, but shall depend upon
increased service value of an employee to the City as exemplified by recommendations of his supervising
official, length of service, performance record, special training undertaken, or other pertinent evidence,
within the advancement policy established by the pay plan. Employees hired or placed at the "A" step
following transfer, promotion, demotion, reclassification or for any other reason shall be eligible for a merit
salary increase on qualifying for permanent status or after six months of satisfactory service, whichever
comes first. Employees hired or placed above the A step shall not be eligible for a merit salary increase
until one year from such initial action whether by hire, transfer, promotion, demotion, reclassification or
other reason.
11.4 Anniversary Date
The anniversary date of each employee shall be as follows:
A. Miscellaneous and safety employees hired at "A" step: The date employee completes
six months of satisfactory service and becomes eligible for first merit salary increase.
B. Miscellaneous and safety employees hired above "A" step: The date employee
completes one year of satisfactory service and becomes eligible for first merit salary
increase.
11.5 Salary Chanee Effective Date
For purposes of compensation during any period in which a biweekly Campbell, all merit salary increases will be effective on the first day o he II system is in effect in the City of
anniversary date. y p y period following employee's
17
11.6 Beginning and Terminating Pay Computations
Computing the paycheck of an employee commencing or terminating service with the City:
A. Employees beginning service on the first working day of a pay period (i.e. Monday, or
Tuesday if Monday is a holiday) shall be deemed to have worked the entire pay period.
A holiday shall be deemed to have been a day worked.
B. Employees terminating service after having worked all regular working days in a pay
period shall be deemed to have worked the entire pay period; holidays deemed to have
been days worked.
C. Employees beginning or terminating service on other than the first or last working day
of a pay period shall have salary and fringe benefits computed on an hourly basis.
Holidays shall be deemed to have been days worked. The hourly rate shall be computed
by dividing the annual salary by 2080 hours for those employees working a 40-hour
workweek.
18
SECTION 12.0 TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT
12.1 Transfer
No person shall be transferred to a position for which he/she does not possess the minimum qualifications.
Upon approval by the Personnel Officer, an employee may be transferred by the appointing power at any
time from one position to another in a comparable class. For transfer purposes, a comparable class is one
with the same maximum salary, involving the performance of similar duties and requiring substantially the
same basic qualifications. If the transfer involves a change from one department to another, both
department heads must consent thereto unless the City Manager orders the transfer for purposes of
economy or efficiency. Transfer shall not be used,to effectuate a promotion, demotion, advancement, or
reduction, each of which may be accomplished only as provided in the Personnel Ordinance, pay plan or by
these rules.
12.2 Promotion
Insofar as consistent with paragraphs 8.3 and 8.4, all vacancies may be filled by promotion from within after
a promotional examination has been given and a promotional list established. If, in the opinion of the
Personnel Officer, after consultation with the respective department head, a vacancy could be filled better
by an open competitive examination instead of a promotional examination, then the Personnel Officer shall
arrange for an open competitive examination and for the preparation and certification of the appropriate
employment list.
12.3 Demotion
The appointing power may demote an employee whose ability to perform his/her required duties falls below
standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the
appointing power, demotion may be made to a vacant position. No employee shall be demoted to a
position for which he/she does not possess the minimum qualifications. Demotions shall be made in
conformance with paragraph 12.6.
12.4 Suspension
The appointing power may, after review with the Personnel Officer, suspend an employee from his position
at any time for a disciplinary purpose. Suspension without pay shall not exceed 30 calendar days, nor shall
any employee be penalized by suspension for more than 30 calendar days in any fiscal year. Department
heads may suspend a subordinate employee for not more than three working days at any one time, and not
more than once in a 30 calendar day period. The City Manager may suspend an employee for up to 30
calendar days in any fiscal year. Suspensions shall be made in conformance with paragraph 12.6 below.
12.5 Reinstatement
With the approval of the appointing power and the Personnel Officer, a permanent or probationary
employee who has resigned with a good record may be reinstated within one year of the effective date of
resignation to a vacant position in the same or Icomparable class. Upon reinstatement, former service credit
with the City shall be restored for the purpose of determining appropriate vacation accrual rate, number of
vacation hours retainable, compensation percentage for unused sick leave pay -out at termination and
seniority order for reduction in force provisions. Sick leave balance will not be restored and for all other
purposes the employee shall be considered as though he/she had received an original appointment.
19
12 6 Pre -Disciplinary Hearing Procedures
Prior to taking disciplinary action against a permanent employee, the appointing authority will:
A. Serve the employee with a notice of the proposed action and the reasons for it.
B. Provide a copy of the charges and materials upon which the action is based to the
employee.
A copy of items covered in 12.6 "A" and "B" will be immediately forwarded to the Personnel Officer. The
employee has the right to respond verbally or in writing to the appointing authority initially imposing the
discipline prior to the disciplinary action being taken. In order to exercise this right, the employee must
respond within three working days of the date of being informed of the proposed action. The employee
may appeal a final decision of the appointing authority if provided for in the Personnel Rules and
Regulations.
For the purposes of paragraph .12.6, disciplinary action" shall be defined as salary step reduction,
suspension, demotion or dismissal. "Appointing authority" shall, for the purposes of this section, be defined
as department head for any suspension of three days or less, and as City Manager for any suspension of
more than three days, demotion or dismissal.
Disciplinary action may be taken without regard to the provisions of 12.6 under extraordinary or emergency
circumstances with the approval of the City Manager.
12.7 Disciplinary Action --Police Officers
when disciplinary action is being considered against a Police Officer, those City employees and/or officials
investigating or considering such disciplinary action shall be cognizant of and follow provisions of the State
Government Code pertaining to the investigation and discipline of Police Officers.
12.8 Just Cause For Discipline
The following list of causes are provided as a guideline for supervisors, department heads and employees as
to what may constitute the proper basis for disciplinary action. Just cause for discipline may include but not
be limited to the following:
A. Absence from duty without approval including: abandonment of position; abuse of sick
leave; neglect of duty; failure to keep required work hours.
B. Failure to adhere to or comply with approved operational or safety guidelines including:
unauthorized use of time, equipment or material; unauthorized use of City property,
funds, and records.
C. Being under the influence of any illegal drug, narcotic or alcoholic beverage during
working hours.
D. Acts which in the determination of the City Manager reflect negatively on the operation
of the City including: dishonesty; insubordination; fraud, misrepresentation, false
information in securing appointment or promotion; any form of intentional harassment.
E. Intentional abusive treatment of a citizen; supervisor, or fellow employee.
F. Conviction of a serious criminal offense, which in the determination of the City Manager
20
SECTION 13.0 SEPARATION FROM THE SERVICE
13.1 Discharge
An employee may be discharged at any time by the appointing power for good and sufficient cause. The
proposed discharge will be reviewed with the Personnel Officer prior to implementation. Discharges shall be
made in conformance with paragraph 12.6.
13.2 Discharge --Unclassified Management Personnel
An employee in the unclassified management service may be discharged at any time by the City Manager. In
lieu of discharge, the unclassified management employee may be permitted by the City Manager to resign.
Prior to the effective resignation date, the City Manager may assign the unclassified manager duties other
than his/her normal duties for a period of time not to exceed three months. The decision of the City
Manager shall be final with no right of appeal.
13.3 Reduction in Force
A. Purpose: To establish layoff procedures to be implemented when the City determines
that a reduction in force is to be accomplished in City departments, because of a change
in duties or organization, abolition of position(s), shortage of work or funds,. or the
completion of work.
B. Order of Layoff: When one or more employees in the same classification in a City
department are to be laid off, the order of layoff shall be as follows:
1. Provisional, workers in inverse order of seniority.
2. Probationary workers in inverse order of seniority.
3. Permanent workers in inverse order of seniority.
Should two or more employees in the same classification, with the same status (1, 2, or 3
above) have equal seniority, the order. of layoff shall be determined by superiority in
performance as documented on the employee's performance evaluation(s). If there are
no performance evaluations, or such evaluations are essentially equal, the order of layoff
shall be in inverse order of ranking on the eligibility list.
C. Seniority Defined: Length of paid employment with the City of Campbell in a regular
classification(s) in position(s) with permanent status. Seniority shall be retained but not
accrued during any period of leave without pay. Time served as a probationary employee
in a regular classifications) in permanent position(s) shall be included in determining
seniority.
Time spent serving in an acting capacity in a higher classification, following a formal
appointment approved by the City Manager's Office, shall be counted when determining
seniority should the employee later be permanently appointed to that higher
classification. To count as time "in class," the acting appointment must have been on a
full-time, continual basis for a minimum of three (3) months, and must have had a salary
differential paid for the term of the assignment.
22
13.3 Reduction in Force (continued)
D. Notification: Employees to be laid off shall be given written notification of such action
(including a copy of this section of the Personnel Rules and Regulations). Whenever
possible, such notification shall be given a minimum of twenty (20) working days prior to
the effective date of the layoff. Upon request, an employee so notified shall have the
opportunity to meet with City representatives to discuss the circumstances requiring the
layoff.
E. Reassignment in Lieu of Layoff: Within five (5) working days of notification of layoff,
employees who wish to be reassigned in lieu of layoff will notify the City of their intention
to exercise one of the following options:
1. Vacancies: An employee shall be allowed to transfer to a vacant position either in
the same classification, or in a lateral or lower classification in which the employee
has held permanent status in the same or a different department. The requirement
that the employee(s) have held permanent status in that classification may be
waived if the appointing power certifies that the employee has the necessary
education, experience and training for that position.
2. Displacement: An employee shall be allowed to return to (a) a lateral or lower
classification in his/her current department providing the employee previously held
permanent status in that classification, or (b) a lateral or lower classification in
another department in which the employee previously held permanent status,
providing that the employee served no less than six (6) months in that department.
In both (a) and (b), the employee must have more seniority (in that and higher
classification(s)) than the least senior employee in that classification in the
department in question.
The employee shall only have the right to displace if there are no vacancies that the
employee is qualified to fill at the same or a higher level than the highest level which
that employee is qualified to fill through displacement. Such reassignments are only
permissible if the employee is fully qualified, trained and capable of performing all
work in the new position/classification as determined by the appointing power. If
the appointing power determines that the employee is not fully qualified, trained
and capable of performing all the work in the new position/classification, the
reasons for such a determination shall be provided in writing to the employee, who
shall be given the opportunity to respond to these reasons.
F. Exceptions: Notwithstanding the foregoing, if the appointing power determines that the
public interest will not be served by application of the preceding criteria, the appointing
power may lay off out of seniority order on the basis of a clearly demonstrable superiority
in performance and/or qualifications. In such'a case, the appointing power shall notify
the employee to be laid off, in writing, specifying the basis for such a determination.
23
13.3 Reduction in Force (continued)
G. Reemployment: The names of employees laid off in accordance with provisions of this
section shall be placed on a reemployment list if their services have been satisfactory.
Names shall be placed on a classifications reemployment list in order of seniority. In the
event that a person on layoff declines reemployment to a vacant position or cannot be
contacted through telephone and certified mail within fifteen (15) working days, such
persons' names shall be removed from the reemployment list. A reemployment list will
remain in effect for two (2) years unless specifically extended, or sooner exhausted. Upon
reinstatement an employee will be eligible for all benefits acquired by the employee prior
to the layoff, including prior sick leave accruals (providing the employee did not receive
cash payment in lieu of same), vacation accrual rate and seniority. An employee shall not
receive credit for time spent on layoff in computing time for any benefit entitlement.
H. Appeals: Interpretations of the provisions of this section may be appealed through the
grievance procedure in Section 20.0 of the Personnel Rules and Regulations. Such
grievances must be filed within five (5) days of notification of the proposed action. For
the purpose of appealing interpretations of this section, the steps in the grievance
procedure prior to the meeting with the City Manager shall be deleted. The filing of a
grievance shall not prevent the City from implementing the layoff pending final resolution
of the grievance. The reasons or necessity for the layoff shall not be subject to the
grievance procedure or appeal.
I. Assistance to Laid -off Employees:
1. During the notification period, the City will provide a reasonable amount of paid
time off --as approved by the Department Head so as not to be disruptive to
departmental operations --for the employee to seek other employment.
2. The City's Personnel Services Division will provide in-house assistance in the areas of
resume preparation and typing, benefit counseling, and public sector job vacancy
information.
13.4 Resignation
An employee wishing to leave City service in good standing shall file with the appointing power a written
resignation stating the effective date and reasons for leaving at least two weeks before leaving the service,
unless such time limit is waived by such official. Failure to give notice as required by this rule may be cause
for denying future employment by the City.
13.5 Separation Date
Upon termination, the effective separation date shall be the last day on the City payroll.
24
SECTION 14.0 REPORTS AND RECORDS
14.1 Roster Cards
The Personnel Officer shall maintain a service or roster card for each employee in the service of the City
showing the name, social security number, birth date, title of position held, the department to which
assigned, salary, changes in employment status, and such other information as may be considered pertinent.
14.2 Change of Status Reports
Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or
permanent change in status of employees shall be reported to the Personnel Officer. Copies of such
personnel transactions shall be provided for the Human Resources Division, the Finance Department, and
the affected department.
14.3 Destruction of Records
Roster and payroll records shall be kept permanently. All other records relating to personnel, including
correspondence, applications, examinations and reports -may be destroyed pursuant to the Government
Code of the State of California. Any temporary record may be destroyed at any time with the consent of the
City Council and the City Attorney.
25
SECTION 15.0 COOPERATION
15.1 Cooperation of Municipal Officers and Employees
Every officer and employee of the City of Campbell shall cooperate with the Personnel Officer in order to
completely fulfill the objectives and purposes of the Personnel Ordinance and these rules.
15.2 Applications of Rules
These rules shall apply to all departments in the City service. Any department head with the approval of the
City Manager may establish special rules of that department to meet the needs of the department or any of
its divisions, so long as said rules and regulations are consistent with and do not conflict with the Personnel
Rules and Regulations as set forth herein.
15.3 Gifts and Payments
No employee shall receive any compensation for any service performed with his/her duties as a City
employee from any source other than the City of Campbell.
15.4 Directives
Unless just cause can be given, any employee who fails to comply with any reasonable directive by a
superior to whom he/she is responsible shall be subject to disciplinary action.
15.5 Financial Affairs
Employees shall so arrange their personal financial affairs so that credit and collection agencies will not have
to make use of the offices of the City. Failure to conduct private financial affairs in a manner so as not to
negatively affect job performance or the operations of the City may be grounds for disciplinary action.
15.6 Notification of Address
Employees shall notify the Personnel Officer of any change of address or telephone number within ten days.
15.7 Official Personnel Files
The only official personnel files of the City will be those maintained by the Personnel Officer. Any other files
shall have no official status.
15.8 Substance Abuse
It is the responsibility of all employees to cooperate to protect the lives, personal safety and property of
co-workers and fellow citizens. With regard to this responsibility, it is in the best interest of the City, its
employees, and the public to insure that employees do not appear for work under the influence of drugs or
alcohol, or possess, use, or sell illegal substances or alcohol while at work. Such conduct is prohibited since
it is likely to result in reduced productivity, an unsafe working environment, poor morale, increased
potential liability to the City and possible criminal charges. "Under the influence of drugs" means the use of
any illegal substance or misuse of a prescribed drug in a manner and to a degree that impairs the employee's
work performance and/or the ability to use City property or equipment safely. The City encourages and will
support employees who seek assistance with substance abuse problems as early as possible by utilizing the
employee assistance program provided through the City or a program of their choice. Employees who have
been counseled by their supervisor and do not seek assistance or do not correct drug or alcohol problems
after participating in an assistance program, may be subject to disciplinary action. Where there is
reasonable cause to believe an employee is under the influence of drugs or alcohol and is unable to
effectively and safely perform his/her job duties, the City may require a medical examination on City time
and at City expense.
26
PART III — TOTAL COMPENSATION
SECTION 16.0 ATTENDANCE AND LEAVES
16.1 Purpose of Annual Vacation Leave
The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally
refreshed. All employees shall be entitled to annual vacation leave with pay except the following:
A. Employees who work on a provisional basis, temporary basis, and all employees who work
less than 1040 hours a year.
16.2 Vacation Accrual Rates
All employees in miscellaneous, safety and permanent part-time positions shall earn vacation credits as
follows:
A. Miscellaneous and Safet Em to,tees with a 40-Hour Workweek:
Years of Service (uninterrupted)
Hours Accrued
Per Pay Period
Start of year 1 through completion of
year 4:
3.38 (11 days)
Start of year 5 through completion of
year 10:
4.92 (16 days)
Start of year 11 through completion
of year 15:
5.85 (19 days)
Start of year 16 and thereafter
6.46 (21.days)-
When establishing increased accrual dates, time in the military service shall not be
interpreted as an interruption of service with the City.
B. Permanent Part-time Employees:
Eligible employees in permanent part-time positions which are budgeted on a one-half
time basis or greater shall be credited vacation on a prorated basis.
16.3 Use of Vacation
In order to be eligible for full annual vacation, each employee shall be required to serve the equivalent of
one year of continuous service with the City. After six months of continuous service, however, each.
employee shall be permitted to take vacation leave not to exceed one-half of the year's allocation.
A. Use of Vacation in Lieu of Sick Leave: Accrued vacation leave may be used in lieu of sick
leave, when the accrued sick leave of an employee is not enough to provide leave with pay
during an illness. Such use of vacation time as sick leave shall be computed on the basis of
one sick day leave equaling one working day of vacation.
27
16.4 Vacation Schedulin Retention or unuseu Vas-OLI �. may
e
• - -- -
his vacation
hall
ned
y the
The times during a calendar year at which an employee m and -particular s regard for the needs bof the
department head with due regard for the wishes of the employee, annu
service. If the requirements of the service are such that an am employee
taken cannot
ng thepart or wing call alendar this yea
al
vacation in a particular calendar year,.such vacation e1subje t to the approval of additional funds by the City
or paid for at the discretion of the appointing power,
Manager. In those years where it is impractical for classified etained as f gowsnt personnel to schedule a
vacation, the vacation as of December 31st each year may
be
Accrual Rate Per Pay Period
for
Em to ees on a 40-hour Workweek
3.38 hours
4.92 hours
5.85 hours
6.46 hours
Number of Hours Retainable
192
232
272
30.4
16.A CMEA Retention of Unused Vacation:
tion
The number of retainable vacation hours, as currently
led in Section 16.4 he City's Personnel Rules aand Regulations,
Retention of Unused Vacation, and Payout Vacation Hours) oft
shall be modified as follows for all CMEA employees:
Accrual Rate Per Pay Period
for
Em to ees on a 40-hour Workweek
3.38 hours
4.92 hours
5.85 hours
6.46 hours
Number of Hours Retainable
220
250
300
350
Vacation hours which exceed the number of hours retainable on the last day of the pay period that contains
December 31 each year will be paid out during the following February.
Management personnel may accumulate and retain their vacation leave to a maximum
a of o�� of thehours as of
City
p
December 31 of each calendar yeas exihis limitase of cont nuous vacation may be ion leavebeyond 240 hours shall require
Manager when special circumstances
approval of the appointing authority.
In the case of employees who work a 40-hour week, when onoli on days fallave within
shall an annendedl
vacation leave such holidays shall not be charged as vacation leave and the va
cataccordingly.
28
16.5 Vacation Pa on Se aration
Employees who terminate employment shall be paid in a lump sum
prior to the effective date of termination; however, employees retiring for
from accrued vacation leave earner
Retirement Plan shall have the option to use the maximum amount of the
allowance prior to established retirement date providingthis i he City under the PERS
lump sum payoff. Payroll checks issued to employees this
accrued employee vacation accrual
is in excess of 60 working days; or to take a
subject to normal deductions: using rued vacation prior to retirement would be
A. Vacation Pa on Se aration - Probations Period: When an emplo ee se
service with the City during the first six months of his probationer y iod of e parates from
he shall receive vacation pay for the hours of vacation accrued to he time of separation.pl ,
16.6 Sick Leave Accrual Rate - 40-Hour Week
For all employees who work 40 hours per week, sick leave shall be accrued at t
each calendar month of service, and shall be accrued at the rate of 3.69 hours per
leave shall be accumulated at the rate of 12 days a ear, he rate a one workday for
For all employees, upon separation from service with the City,sickp pay period. Unused sick
Y , or one workday per month, to an unlimited total.
with the last full pay period and shall not be accrued on fractions thereof. Sick Le fraction accruals shall cease
Part-time Emnloy`: Permanent part-time employees shall earn sick leave on
the earning rate of a full-time employee. eve Accrual -Permanent
a prorated basis, based on
16.7 Use of Sick Leave
Sick leave with pay shall be granted to all probationary, provisional
full-time employees. Sick leave shall not be considered as a right that allows
discretion, but shall be allowed only in the case of necessitypersonal sickness or disability. The
'permanent part-time and regular
department head shall be responsible for determining that onl and actual employees its use at their
receive compensation while on sick leave, employees shall notify their immediate superior
Officer prior to or within 4 hours of the time set to begin the workday or as may be specified by their
y bona fide sick leave is taken. In order to
respective department head. In order to verify the bona. fide use of or the Personnel
to file a physician's certificate or personal affidavit with the department heaan d employee may be required
absence. stating the reasons for the
16.8 Use of Famil Sick Leave
Family sick leave is provided for use in cases where the employee's presence is r
of sickness, disability, or death of a member of his/her immediate family. Such family sick leave is charged shall consist of the spouse, children,
against the employee's sick leave account. The immediate familysquired elsewhere because
parents, brothers, sisters, or other individuals whose relationship to the employee is the
t of a dendent or
near dependent. In each such case, the appointing
opinion, the relationship of the sick or disab ed per on to the em Power shallgo nt such sick leave only whenpen his/her
p yes warrants such use of sick leave.
16.9 Bereavement Leave
Bereavement leave with pay shall be granted to all probationary, provision
regular full-time employees. Bereavement leave will not be charged against permanent
account. ,part-time and
g the employee's sick leave
Employees working a 40-hour workweek shall be granted five (5) days (40 hours) for each immediate family
occurrence and three (3) days (24 hours) for each other family occurrence.
29
er
viduals
Immediate family shall be defined as spouse, children,
bdependent Other familyhmembelrss hall
whose relationship to the employee is that of a dependent or nea
be defined as the employee's grandparents, step -children, father-in-law and mother-in-law.
16.10 Computing Sick Leave
For the purpose of computing and using sick leave, a workday shall be considered as one -fifth of the number
of working or duty hours in the established 40-hour workweek for each employee.
16.11 Com ensation for Unused Sick Leave
ee, the City shall pay for unused sick leave as follows:
Upon termination, retirement, or death of an employ
5 years completed through 10 years completed service: 20% at terminal pay rate
30% at terminal pay rate
Start of year 11 through completion of year 15: 40% at terminal pay rate
Start of year 16 through completion of year 20: 50% at terminal pay rate
Start of year 21 and thereafter:
Once each year, between February 15t and 15t", employeesmayrabove, equest tappliedcompensated
currentfor
hourly salary.
Leave, according to the same service length formulas listed
urs
Employees must retain a minimum balance of 288 hours of lck frome. Any payout the employee's c1k Leave accck Leave orual
above the minimum balance will remove the remaining balance
account. (Example: Employee has 488 hours of Sick abe and
l6 years hi his/her our entce. hourlyployee rate foo40%uld eofuthe
compensation for 200 hours of Sick Leave and wouldpaid
hours or 70 hours. Once compensated, employee's Sick Leave balance would be 288 hours.)
16.12 Administrative Leave Management Employees Onlyfrom the
of The purpose of annual administrative leave is to provide authorized
short-ter personnel,aves for which chs noemonetary
job in lieu of the many overtime hours required ofmanagement
compensation is provided. All management employees shall be entitled to 60 hours of administrative leave
with pay per calendar year.
At the beginning of each calendar year, management personnel ryear. credited
New with
management6employees
0 hours of
administrative leave, which they would earn in the upcoming calendar
will be credited with the appropriate prorated portion of this entitlement upon hire.
At the end of the calendar year, management employees may carry over am for the of 60cehof their
ours of
administrative leave. Terminating management employees will be compensate
earned administrative leave, after the balance has been reduced by the unearned portion of the calendar
year.
The Classifications listed below who are members of the Executive Team will receive 80 hours of
administrative leave pay per calendar year in accordance with the Personnel Rules.
Assistant City Manager
City Clerk
City Manager
Community Development Director
Deputy City Manager
Finance Director
Human Resources Manager
Information Technology Manager
30
Police Chief
Public Works Director
Recreation and Community Services Director
At the end of the calendar year, a maximum of 80 hours of administrative leave may be carrie
d over.
For these purposes, beginning of the calendar year means the first day of the first full a period
begins in January and end of the calendar year means the last day of the a pay p ncl that
December 315t. pay period that includes
16.1�3 Iniury Leave
See Section 1-0--Definition of Terms.
16.14 Military Leave
Military leave shall be granted in accordance with the provisions of State law. All employees
military leave shall give the appointingp yees entitled to
Power an opportunity, within the limits of military regulations, to
determine when such leave shall be taken.
16.15 Leave of Absence without Pa
The Personnel Officer may grant a permanent or probationary employee leave of absence without pay for a
period not to exceed one year. No such leave shall be granted except upon written request of t
setting forth the reason for the request, and the a he employee
regularly approved leave, or within a reasonable period of ti euaftersnot notice to returbe in n to duty, Upon expiration of a
shall be reinstated in the position held at the time leave was granted. Failure on the art o a the employee
leave to report promptly at its expiration, or within a reasonable time after notice to return
cause for discharge. Department heads may p of employee on
y grant a permanent or probationary employee leave uof/absenshall ce
without pay for not to exceed one calendar week. Such leaves shall be reported to the Personn
el Officer.
A. Leave of Absence Without Pa --Insurance Continuation: The City will continue insurance
coverages, at the employee's request, during an employee's leave of absence without pay
for no more than six months or a lesser period as delineated in each carrier's contract.
During this period the City will contribute its usual premium contributions on behalf of the
employee for a period of no more than two months. Any additional portion of the
Premium normally subject to payroll deductions must be reimbursed to the City by the
employee.
B. In addition to the Leave of Absence provisions outlined above, the City of Campbell wi
provide leaves of absence and comply with related leave provisions as mandated by Statel
and Federal laws.
16.16 Special Leave of Absence
Any other provisions of the Personnel Rules notwithstanding, the City Manager shall have
discretion and/or at the recommendation of the department head to place an employee the option at his
with or without pay pending an investigation arising from an incident in which an employ°n special leave
involved and/or for reasons of emotional instability following any such incident. The City
may become
ity Manager shall
determine the duration and any other conditions of such leave of absence and ma re uir
be physically available to return to duty immediately upon notification by the City Mana a the employee to
head. (See Resolution 3714.) Y ger or department
31
16.17 Maternity Leave
Maternity leave will be considered within the policy outlined in 16.15, Leave of Absence without Pay, and in
conformance with any provisions mandated by state and/or federal law. Usage of sick leave will be allowed
for that period of time the employee is off work on a physician's orders due to pregnancy -related disability.
A physician's statement concerning how long into the term of the pregnancy the employee may work is
required, as well as a release by the employee's physician to return to work.
16.18 Jury Duty
An employee shall be given necessary time off without loss of pay when performing jury duty, or performing
emergency civilian duty in connection with national defense. In the case of an employee performing jury
duty, all fees received for this duty shall be submitted to the City. All per diem compensation shall be
retained by the City. Mileage allowance and any other special compensation which may be paid will be
retained by the employee. Fees paid for jury duty service on an employee's scheduled day off will be
returned to the employee. Employees shall receive no other compensation from the City except their
normal salary.
16.19 Hours of Work
Employees shall work forty hours per week and the hours during which offices shall be open for business
shall be determined by the City Manager.
A. Establishing the Workweek: By mutual agreement of a majority of department or division
personnel and management staff, with the authorization of the City Manager and the City
Council, hours of work may be established for groups of employees on the basis of (1) flex
time, (2) 4/10 plan, or (3) other specially arranged working hour plans within the basic
requirements of a standard 40-hour workweek.
16.20 Timecards
All departments' biweekly timecards shall be submitted to the Finance Department in accordance with
established payroll procedures.
32
16.21 Holidays
The holidays to be observed by the City are as follows:
• January 1st- New Year's Day
• Third Monday in January - Martin Luther King, Jr. Day
• Third Monday in February - Washington's Birthday
• Last Monday in May - Memorial Day
• July 4th - Independence Day
• First Monday in September - Labor Day
• Thanksgiving Day
• Day after Thanksgiving Day
• December 24th - Christmas Eve (4 hours)
• December 25th - Christmas Day
• Floating Holidays - See Addendum "A"
• Every day proclaimed by the Campbell City Council as a holiday.
Holidays falling on Saturday will be observed on Friday and holidays falling on Sunday will be observed on
Monday.
Permanent, probationary, and permanent part-time employees in the classified non -management service,
except members of the Police Department who are required to be on duty for 24 hour periods, shall not be
required to be on duty on holidays unless the employee's services are needed and required in the interest of
the public health, safety, or general welfare. In the case of the latter event, any such employee shall be
entitled to overtime or compensatory time off as provided for in 16.22 and 16.23.
Classified non -management Police Department personnel regularly required to work a full duty schedule or
portion thereof on a legal holiday observed by the City of Campbell shall be paid for holidays as follows:
• Non -management Police Dept. Safety Personnel: 5.4% of salary in lieu pay
• Police Dept. Records/Communications Personnel: 4.8% of salary in lieu pay
Payment in two checks, separate from normal payroll checks, shall be made to eligible non -management
employees in the Police Department; one in December and the other in June.
16.22 Overtime
Overtime shall be defined as that time authorized and actually worked by an employee in excess of normal
weekly hours as prescribed in 16.19. Except in emergency situations as authorized by the City Council,
management employees are not eligible for overtime benefits. Classified non -management employees shall
be compensated for overtime according to the following rules and regulations.
At the discretion of the department head, overtime will be compensated by time and one-half pay or time
and one-half compensatory time under the following conditions:
A. Overtime work is ordered or authorized by the eligible employee's department head.
B. Eligible classified non -management employees who are called back to work by their immediate
supervisor shall be granted the following minimum paid overtime or compensatory time.
33
Public Works non -management maintenance personnel: 3 hours paid @ time and one-half OR
4-1/2 hours compensatory time. In addition, if the non -management Public Works maintenance
employee is contacted by his/her supervisor prior to the beginning of his/her normal work day
and the non -management Public Works maintenance employee is not on the City Service Center
premises, the call back provision will apply.
Other miscellaneous non -management personnel: 3 hours paid @ time and one-half OR 4-1/2
hours compensatory time.
Safety non -management personnel: 3 hours paid @ time and.one-half OR, if eligible, 4-1/2 hours
compensatory time.
Safety personnel: Emergencies and investigations directly related to the City of Campbell where
continuous -overtime extends the regular work shift for a represented employee more than one
and one-half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a
12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times
the represented employee's regular rate of pay. Double overtime will not be paid for pre -
planned events where no emergency exists, or in response to' requests for Mutual -Aid. As per
policy, all time cards are approved by the Division Commanders. Any questions or issues related
to approval will be settled at the discretion of the employee's division commander.
Non -Sworn Safety personnel: Emergencies and investigations directly related to the City of
Campbell where continuous overtime extends the regular work shift for a represented employee
more than one and one-half (1.5) times the number of hours of that shift (18 hours for
employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift)
will be paid at two times the represented employee's regular rate of pay. Double overtime will
not be paid for pre -planned events where no emergency exists, or in response to request for
Mutual -Aid. As per policy, all time cards are approved by the Division Commanders. Any
questions or issues related to approval will be settled at the discretion of the employee's division
commander.
C. Eligible non -management employees who are required to attend scheduled training sessions,
staff meetings, or seminars which require time beyond the normal day or week, as defined in
16.19, shall be compensated with time off or pay in accordance with paragraphs 16.22/16.23.
D. Overtime pay shall not begin until the eligible employee has worked the hours required for his
basic workweek, as set forth in 16.19 of these rules. All authorized paid leave time taken shall be
credited as part of the basic workweek except that hours not worked, at the employee's option,
where those hours are charged to compensatory time off, during the employee's 40-hour
workweek and extra hours worked during that same period, totaling 40 hours, will be considered
to be flexible scheduling within that workweek, and no compensatory time will be granted.
16.23 Compensatory Time
At the discretion of the department head, compensatory time shall be granted to eligible classified
non -management employees. Such compensatory time is to be on a time and one-half basis except as
provided for in Section 17.0 of these Rules, and will be governed by the following provisions.
A. Compensatory time earned by an employee who is required to work in excess of the normal
workweek shall be recorded in actual hours worked on the employee's timecard and submitted
34
to the Finance Department.
B. The maximum accumulation of compensatory time is as follows:
1. For employees represented by CPOA, compensatory time shall not be allowed to
accumulate in excess of 240 hours.
2. For employees represented by CPCEA, compensatory time shall not be allowed to
accumulate in excess of 190 hours.
3. For employees represented by CMEA, compensatory time shall not be allowed to
accumulate in excess of 125 hours.
4. For CONF employees, compensatory time shall not be allowed to accumulate in
excess of 125 hours.
5. For employees represented by CARP, compensatory time shall not be allowed to
accumulate in excess of 75 hours.
6. CONF and those employees represented by CPOA, CPCEA, CMEA and CARP shall not
be allowed to accumulate in excess of hours as stated above. Any compensation
time'earned exceeding maximum accrual hours will be paid in cash at the rate of
time and one-half. An employee may exercise his/her option two times each
calendar year to convert any or all accumulated compensatory time to cash.
C. Use of compensatory time must be scheduled at least 24 hours in advance with the employee's
supervisor and recorded on the employee's timecard for submission to the Finance Department.
D. If possible, arrangements will be made to allow employees to use accrued compensatory time
prior to termination. Otherwise, accrued comp time shall be paid off upon termination in
accordance with section 553.21 of the Fair Labor Standards Act.
16.24 Unauthorized Leave
Any leave of absence from work taken without prior approval as provided for in these rules shall be without
pay and shall subject the employee to dismissal or disciplinary action when the unauthorized leave is found
to be unwarranted or detrimental to the service.
16.25 Salary Deduction --Employees Exempt from FLSA Overtime Provisions
In accordance with City policy (Resolution 8120), should an employee who is exempt from the overtime
provisions of the Fair Labor Standards Act have insufficient hours in all accrual accounts making it impossible
to charge a period of absence of less than that employee's regular workday, no deduction shall be made
from that employee's salary.
35
SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS
(NOTE. 17.1 thru 17.7 apply to employees represented by Campbell Peace Officers Association)
17.1 Motorcycle Assignment Pay
Traffic enforcement officers riding motorcycles are eligible for motorcycle assignment pay.
17.2 Replacement of City -Issued Equipment--Non-management Police Department Safety Personnel
The City will replace City -issued equipment which is lost by theft or circumstances beyond the control of the
officer if such occurrence takes place during the time when the officer is on duty, and if such loss is not
attributable to the personal negligence of the officer. City -issued equipment lost by theft off -duty shall be
replaced if such loss is not attributable to the personal negligence of the officer. Circumstances surrounding
such losses shall be determined. through a departmental finding.
17.3 Working Out -of -Class Pay--Non-management Police Department Safety Personnel
Employees assigned the responsibility of Field Training Officer shall receive 5% salary differential pay. This
compensation will be paid for each day assigned to this function. To qualify for this pay the employee must
have completed the training course for the Field Training Officer Program. Five percent (5%) working out of
class pay will be paid for the following assignments: Police Officer acting as Watch Commander for 8 hours
or more; Agent acting as Watch Commander for more than 20 consecutive shifts; Sergeant acting as
Lieutenant or Captain for more than 5 consecutive shifts.
17.4 POST/Educational Incentive Pay --Police Department Non -Management Public Safety Personnel
The City will pay 5% incentive pay to employees possessing an Intermediate POST Certificate and 7.5% to
employees possessing an Advanced POST Certificate. Prior to qualifying for this incentive pay, an employee
must have served for a minimum of two years as a Police Officer in the City of Campbell Police Department
or two years as a Police Officer in another agency recognized by POST if hired by Campbell as a Police
Officer. Employees receiving incentive pay for an Intermediate POST Certificate will be required to requalify
on a biannual basis beginning in January 1983. Requalification will require successful completion of 3
job -related college semester units; or 3 required semester units toward completion of a job -related degree;
or 36 employee -initiated off duty training hours; or some combination thereof, one college semester unit
being equivalent to 12 training hours, during each two year period. Certification by the Department/City
Manager's Office of job -relatedness must be obtained prior to the time of enrollment. Off duty viewing of
CJRS films may be credited toward the required number of employee -initiated training hours. The required
course work must be completed during the previous two calendar years in order to qualify for payment in
subsequent years.
Employees with an Intermediate POST Certificate and a job -related advanced degree will have the option to
meet the requalification requirement by completing a departmental/community improvement project
during the two year requalification period,. toward which a relatively equivalent amount of effort is
evidenced. The topic of the departmental/community improvement project is to be approved by the
Department/City Manager's Office in advance.
Employees with an Advanced POST Certificate will be exempted from the requalification requirement.
36
17.4 POST/Educational Incentive Pay --Police Department Public Safety Personnel (continued)
In the event that an officer fails to complete requalification, he/she shall lose his/her incentive pay until such
time as he/she has completed the requalification requirements. Upon being reinstated, the officer shall
receive his incentive pay for the remaining time in his/her 24-month requalification period; to continue
incentive pay beyond, the officer must requalify as originally scheduled based on the most recent
anniversary date.
17.5 Emergency Transfer of Sick Leave --Employees Represented by Campbell Peace Officers Association
The emergency transfer of sick leave from members of the CPOA to a specific member of CPOA
may be granted as follows:
A. The membership of CPOA must agree that each member will contribute some amount
of sick leave to a specific employee.
B. Sick leave will only be transferred in an emergency situation to cover the period from
the exhaustion of sick leave by the specified employee to the time when they will
become eligible for the long-term disability program.
C. Authorization will only be granted under emergency and/or unusual circumstances
where an employee has exhausted all leave time, including sick leave, vacation leave
and compensatory time, and where circumstances have prevented the employee from
reasonably accumulating sufficient sick leave for the illness and/or injury.
D. Sick leave which is so transferred will not be reimbursed to the members of CPOA.
E. The Police Chief will review the transfer relating to its justification and appropriateness
and make a recommendation to the City Manager.
F. The City Manager will make the final determination concerning the transfer of sick
leave, which will not be subject to appeal.
17.6 Meal Allowance --Employees Represented by Campbell Peace Officers Association
Employees will receive a $9.00 meal allowance when required by a supervisor to work a 4 hour shift
extension as a patrol field officer or on special assignment due to personnel shortage. Payment will be
made through the City payroll system, following the appropriate entry on the employee's timecard.
17.7 Detective On -Call Pay
Non -management Police Department safety employees assigned to the Special Enforcement Division will
receive a total of three hours straight time pay when assigned to "on -call detective" status for a weekend
(48 hours or more for the period 1600 hours Friday to 0800 hours Monday). Employees assigned to other
"on -call" status will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of
compensatory time off for each day or portion of a day assigned to "on -call" status. Employees called in to
work from their ."on -call" assignment will be compensated pursuant to Personnel Rules and Regulations,
Section 16.22, Overtime, in addition to the "on -call" compensation.
37
6 Bilingual PaY
ther
,POA represented employees who are certified tohave
of working
thelevel of competence in lanages
Campbell community, willllu o
eceive an
than English, spoken regularly in contacts with hief
additional $100 per pay period as Bilingual Pay. In order to b helglbilinguable for Bskilgls ival Pay, the n commun calf ngCwith
must certify that the employee regularly has a need to use /
members of the community. Additionally, the employee must pass a certification test completed by a
trained professional.
17.9 vacation Buy Back
Employees may convert once per year,
following conditions:
unused vacation time for payment subject to the
1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to
a conversion.
vacation hours will be subject to taxes as determined bylaw.
2. Any payment for accrued
3. Minimum exchange will be one day.
4. All exchanges are irrevocable.
A minimum of 40 hours of vacation leave must be previously used prior to conversion.
(Note: 17.10 thru 17.13 apply to employees represented by CPCEA (Campbell Police Civilian Employees
Association)
17 10 Meal Allowance--CPCEA Represented Employees work
Employees represented by CPCEA will receive a meal allowance of shif
t otrades.when r Paymentequired owill beamadfe
extension of four (4) hours or more, excludingemployee.
peentry on the employee's timecard.
through the City payrolls stem following the appropriate
17 11 Working Out of Class Pa CPCEA Represented Employees
per hour for each
Police Records Specialists performing communication dispd ur"'er od duties
in each rwork working dayeceive . A Police Records
majority of a one -hour period in excess of an initial one-hop
re
Specialist assigned court liaison duties for four hours or
higher class assignment. Routine pickup or delivery of materiallsrfrom courteceive s 0or District Attorney'sper hour for the koffices
act as
lice Rec
will not be considered court liaison duties. A Police RecordsSpecialist a.ssined
gSuperisor for e�ght hou sror
Supervisor and a Public Safety Dispatcher assigned to act as Communication
more will receive $3.50 per hour for the working in 'vision Supervisor visor will receive signment. A ilce Records $350 per hour the
Communications Supervisor assigned as Acting Di p
working in higher -class assignment. The working out of class assignment to court liaison duties or a
supervisor position will be made in writing.
17.12 Trainer Pa --Police Records S ecialists and Public Safet Dis atchers
ive
Police Records Specialists, Public Safety Dispatchers and community rain a new employee for allpe rods of time
percent (5%) differential pay when assigned by their Supervisor
of at least 1 hour per occurrence. In order to qualify for this pay, trainer
Pol ce Records Specialists, require
Publc
training logs and evaluation forms as designated by the Department.
Safety Dispatchers and Community Services Officers will receive
e inercent (5 matediffer
s iial payor f ing or the
period of time they are assigned to and actually engaged in developing g
coordinating a training program. A minimum of one hour per occurrence must be spent in these activities to
38
17.13 CatasUp hic Illness Emer enc
e�ency transfer of sileave from mem
bers individual member of CPCEA may be
of CPCEA to an
Thee
ck
gran d as follows:
a ree that each member will contribute some amount of
A. The membership of CPCEA must g .
sick leave to a specific employee. and under
serious illness or injury,
B.
in has exhausted all leave time,
Sick leave will only be transferred
shwhere an employee where
emergency or unusual cir compensatory time and sufficient
from reasonably accumulating
including sick leave, vacation leave an comp
circumstances have prevented the employee
sick leave for the illness or injury.
tr
od from the exhaustion of sick leave
sferred to cover the pen
C. ►o anemployee
to a maximum of six months later than the date o
Sick leave will only be
by the specified emp Y
exhaustion of sick leave.
an
D. A request for emergency trans
fer of sick leave from members of CPCan� eachofindividual
member of CPCEA will, include the names of CPCEA mem er
requested sick leave donation amounts. will be submitted to the City Manager
E. Any request for emergency transfer of sick leave
make the final determination concerning the transfer of sick leave.
who will maA and is that
F. Sick leave which is tra nsferred to an individual member. of P sick leave transferred to
member of CPCEA, that is not needed, will be transferred
on as
member will not be reimbursed to the members of CPCEf
a member of CPCEA by other
pr
back to
the members who contributed the sick
leave hours in the same
their contribution to the total hours contributed.
level of competence in languages
17.14 Bilin ual Pa bell community, will
represented employees who are ce certified
o haveith a W ber gof the Camp
CPCEA p oken regularly in contacts
other than English, sp period as Bilingual Pay•
receive an additional $100.00 per pay p that the employee regularly has
the Police Chief must certify
kills in communicating with members of the community,
in order to be eligible for Bilingual Pay, leted by a trained professional.
a need to use his/her e mu gt Pass a certification test comp
Additionally, the emp Y
40
•�� 3randb Pa
CPCEq employees who are sub their non -work hours pOenaed to court and subsequently hour of compensatory, will be compensated at the rate of one
paced on "
to court time off for each day phone standby"
pile on Y they are on " (1) hour of straight time
Personnel Rules and Rene standby" during Phone standby"
pay or ll
Regulations, Section g 6 22r non-workin Y�� status. Employees cane
g hours be compensated pursuant t
17.15 g , Overtime
Off Dut Contacts
Any unit member contacted
to the City but not directed to while the unit member is off dut
unit member shall receive a physically return to the work site hall band e compensated asked to
hourly rate of pa minimum of one -hour o f Provide services
y. Such pay shall only Pay compensated pensated as follows. The
more. Fewer than 10 y apply where the unit member
at the unit me
minutes of work shall be considered de tuber tuber's based
member is asked to provide services performs 10
total times more than once within the same one -hour
corn mutes of work or
hour pent providing services shall be a window
of t If a unit
period. Unit members shall record all timeragtuad and ne hour window of time, the
to applicable work time re will be counted as
reporting IIY worked and shall re part of the same one-
gprocedures, port the time according
17.15 C Vacation gu
Back
Employees
followin may convert once per year, unused vacation
g conditions:
time for payment subject to the
1. The employee Y must have.a minimum of 120 hours of accrue
a conversion.
2. Any Payment for accrued vacation hours vv d vacation immediate)
3• Minimum exchange Y prior to
g will be one day ill be subject to taxes as determined by law.
4.
A minimum of 4 hours of vacation ll exchanges are irrevocable.
leave must be previously used prior to conversion.
(Note: 17.16 thru 17.22 apply
pply to employees
California Carpenters Regional Council) represented by
17.16 S lit Shift Differential Public Works
regular 40_ non -management
hour workweek shall receiveenance 5% differential
who
receiving for the Workweek
split shift schedule. are required to
al pay over the work a split shift during
base salary the employee is, currently
L7•1 _ Work- Out-of-
hhl;, u. CIaSs P2v__n..1_..
-•- alive uivision Non- - •�"""`enance Division
capacity in the higher classification of Lea Jana a Non_
additional ment Personnel: mans ement Personnel
$25 peC day.Worker and Li Employees required to serve in an
Provided for assignments Acting pay for the Lead ghting & Traffic Si
gnments of four Worker and Lighting final Technician shall receive acting
Will be required. i4) or more g & Traffic Signal Technician class will
Such written authorization shall be Written authorization to
assignment. work in a hi be
Provided to the employee higher classification
Employees reupon commencement of the
required to serve in
Supervisor, Street an actin
Signal Technician shall rece ve an a g capacity in the higher classifications of Park
Supervisor,ce
enance Equipment
additional Maintenance Supervisor, Senior Lightinge and
Public
$30 per day for assignments of 4 hours or
and Traffic
more and for Public
41
i`:
Works Superintendent working 8 hours or more shall receive $35 per day.
Traffic/Lighting Personnel
In the event of a work related illness or injury occurrin oast n paymen gof workers' co4 the City will mpensation ation benefits
sick leave liability in the first three days of leave, by prorating
according to the same formula which now becomes effective on the fourth day of leave.
17 19 Standby Pay Public Works Non -management Maintenance Mechanic and Traffic/Lightin&
Personnel
Standby assignments outside the regular work scheduleendent will first be made on a voluntary basis. designate standby assignments. tDuring the
absence of volunteers, the Public Works Superinteriod of
normal work week, if the need for standby is known, standbyhe assignments will
normal mal be stat e for the time the pollowing
time from the end of the employee's normal work day until t employee's p Yees
day. If the need for standby assignments is known by the end of the work day on a Friday, such standby
assignments will be made for the following time periods:
■ End of work day Friday to 8:00 a.m. Saturday
■ 8:01 a.m. Saturday to 8:00 a.m. Sunday
■ 8:01 a.m. Sunday to beginning of workday Monday
If the need for standby is expected for part of the weekend,ned standbytheentire
shift weeken , only thatneeportion
iis no
needed will be assigned in advance. If an upcoming g
ed, the
to be
employee assigned to that shift will be notified no less than secht () hours in advance. in ure acgommodation for the duration of the
eligible for standby assignments, employees must reside, o
assignment, at a location that is no more than thirty (30) minutes travel time from the City's Service Center.
42
17.19 Standby Pay (continued)
Standby pay shall be compensated at the rate of six (6) hours of straight time for every 24 hours
assignment. Call out of employees on standby assignments shall be compensated at the re of Standby
rate for hours worked in addition to the standby pay. The City may
standby assignment. regular overtime
Y y provide a vehicle to employees on
17.20 Meal Allowance --Public Works Maintenance Division Non-mana ement Personnel
Public Works maintenance non -management employees represented by CARP, will receive a
meal allowance
h
Of $9.00 when required by a supervisor to work a three hour or longer extension of
Employees working such a shift extension shall schedule their meal breaks in a manner that is least
e normal shift.
disruptive to the work being performed during the shift extension, and meal breaks will n
minutes. Payment will be made through the City payroll system, following the appropriateexceed fifteen
employee's timecard. entry on the
1i.ci cuss B Driver's license --Public Works Non ement Maintenance Mechanic and Traffic Li
For those employees required to maintain a Class B Driver's License, the Cityw htin
Of Motor Vehicles fee charged to obtain or renew Class B Drivers' Licenses. As an option t
ill reimburse the Department
and when the employee allows sufficient advance time, employees may request a Citycheck reimbursement,
pay for the DMV fee, using the normal check request procedure. Special interim checks will
for this purpose. When employees obtain the health certification re to be written to
from City authorized physicians, the City will pay the medical exam fee. T not be written
required for the Class B Driver's License
the DMV fee that represents the standard (Class C) fee. he City will not pay that portion of
17.22 Bilin ual Pa — Public Works Non-mana ement i Mantenance Mechanic and Traffic L'
Pers� htin
CARP represented employees who are certified to have a working level of competence in Ian
than English, spoken regularly in contacts with members of the Campbell communit will re
guages other
additional $75 per pay period as Bilingual Pay. Y,ceive an
In order to be eligible for Bilingual Pay, the Department Head must certify that the
regularly has a need to use his/her bilingual skills in communicating with members of the community.
Additionally, the employee must pass a certification test by a trained professional. unity.
17.23.17.24 Reserved
(17.23 and 17.24 are reserved for future use by CARP)
(Note: 17.25 applies to Confidential employees and those employees represented b Ca Municipal Employees Association) y mpbell
43
extension shall schedule their meal breaks in a manner that is least disruptive to t
during the shift extension, and meal breaks will not exceed twenty minutes. Payment
the Cit he work being performer
y payroll system, following the appropriate entry on the employee's timeca d will be made through
45
Municipal Employees Associationregular budgeted
Working out -of -class pay will be paid to employees when temp drdule y assigned to fito term nationll promot on, leave of
position above their regular classification, which has been vacate
absence, vacation, or scheduled sick leave. The employee will
salary range ve and he first step
meet the the high minimum
classification or a minimum of 5% within the higher classification Y
qualifications of the position. 9/80 schedule or the need to cover the lternating weeks' days off will be
excluded from working higher class compensation per Administrative Policy.
,17.26 Bilinclual Pa for Em to ees Re resentea-•�•••-• --
CMEA represented employees who are certified to have a workcornmuni community, in the course of thepetence in ygobotwell
than English, spoken regularly in contacts with members of the
receive an additional $100 per pay period as Bilingual Pay.
r vacation —
c.,rintinn and
a
Members may donate:
Sick Leave or Vacation hours to another employee who because of a serious injury or illness has
exhausted all his/her leave time, or
Vacation hours to another employee who is the primary caregiver for a seriously ill or injured family
member and has exhausted all his/her leave time to care for the individual.
1. Sick Leave or Vacation hours will only be transferred inthe case of very serious illness or an individual has exhausted all appl cable
and under emergency or unusual circumstances where
leave time and where circumstances have prevented the
snemployee
efrom t a case of I nlesscof a family
sufficient sick leave for his/her own illness or vacation hour
member.
2. Sick Leave or Vacation will only be transferred to cover the period of time from the exhaustion of
leave by the employee to a maximum of six months late
r.
3. Any request for the transfer of hours from the membersagsfe roupS ok nor Vacationemployeehouwill include
the names of all members of the group who wish to
trrd each
member's sick or vacation hours donation amounts.
the City
4. Any request for emergency transfer of Sick Leave or Vacation ih urs will be transfer of sick leave o�vacation
Manager who will make the final determination concerningh
hours.
5. Sick Leave or Vacation hours that are transferred to another employee will not be reimbursed to
the group's members.
17.28 Meal Allowance —Cam bell Munici ai tm lusupervis
Employees represented by CMEA will receive a meal allowance of rmal sh ft.when required by a Employees working such a shi t
manager to work a three hour or longer extension of their
44
SECTION 18.0 TRAININU ur civir-•
18 1 Responsibility for Trainthe programs for
The city Council encourages the training of employel offcerpandldepartment headnSuch tra n ng programs
employees shall be assumed jointly by the Personn
ma include courses, demonstrations, assignment of reading broadening the knowledge ofatter or such other municipal Y mun c pal officers
available for the purpose of improving the effectiveness and broa
and employees in the performance of their respective duties.
18.2 Credit for Training_ compleon of special be considered in making
Participation in the successful Evidence training
of such activity shall be filed by the employee with the Personnel
advancements and promotions.
Officer or his delegated representative.
18 3 In Service Traininl; Incentive Pros;ram
As used herein, "In -Service Training" is defined as any cltherCityngTheuc'ty. willnprovideworkshop
support
conference participated in by an employee while working for
as
in-service training to City employees under the following conditions:
A. Tuition Reimbursement: Reimbursement will be providedexpenses incurred by employees
attending accredited college courses under the following conditions:
1. All Employees: 100 percent reimbursement for tuition and
required
edof booksMEA, to a maximand um Of
$3000 per fiscal year for accredited college courses for
units. 100 percent reimbursement for tuition and required
f CPOA and MILL units. 1002pe0rcent
per
fiscal year for accredited college courses for memberso
reimbursement for tuition and required books to a maximum PoIIDepartme0ntpSafety employees
er fiscal year for
accredited college courses for members of CPCEA uni
t.will not be eligible for tuition reimbursement for classes utilized to re -qualify under the.
POST/Educational Incentive Pay Program.
2. Employees represented by Campbell Municipal Employees Association may utilize tuition
reimbursement for examination fees and related and Procedures course ee Utilization ation of Tuition
if pursuing certain
certification programs. See Administrative Policies
Reimbursement for Certification Programs.
3. Management Employees:
all ocations
4. Incentive Pay Program. Management employees may utilize budgeted
Tf s utilization on will require
for additional tuition reimbursement or for work related rso approval
department head approval for classified management personnel, and City Manager
for unclassified management personnel.
5. Reimbursement will be made subject to the completion and approval of the Tuition
Reimbursement form and the submission of receipts and certification of successful completion
of all courses.
6. Within the reimbursement limits outlined in 18.3A above, the cost of books and materials will
46
• • . w VV,L„ Lne items remaining the property of the employee.
7. Training will be given on employee's time. Department heads may adjust
allow employees to attend in-service training courses. work schedules to
A. Seminars Worksho s In -State Conferences:
employee attendance at seminars, workshops orpmeet meetings of ment ens should
encourage City
affairs are related to a departmental function or when such attendance can
employee and the Cit conferences when such
Y• Employees attending such activities with the mutually benefit the
department head will be reimbursed for all actual expenses of:
approval of their
1. Transportation costs -City vehicles or reimbursement at the current
mile rate. Council -approved per
2. Allowance for room and board.
3• Registration, books, fees, etc.
B. Special Training, Schooling, or Out -of --State Conferences: Special training
out-of-state conferences not covered under the provisions of this Section shall b
the Council on the merits of the benefit to the Cityand programs, schooling, or
the employee. a considered by
47
PART IV - EMPLOYER -EMPLOYEE RELATIONS
SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS
19.1 Employee Rights
The City recognizes the right of City employees to choose and partake in activities of employee
organizations for representation in employer -employee relations as provided for in Government Code
Section 3500 and the City's Employer -Employee Relations Resolution No. 6647.
19.2 Meetings and Employee Organization Activities
City employee organizations' business sessions and other activities relating to the organizations' business
shall be accomplished at a time and place so as not to conflict with employees regular working hours.
Exceptions to the above are:
A. Meetings directly related to the meeting and conferring sessions within the scope of
representation may be scheduled during working hours as provided for in the
Government Code, Section 3500, Public Employee Organizations or as hereinafter
amended.
B. Meetings involving City employees to resolve grievances under the grievance
procedures as set forth in the City of Campbell Personnel Rules and Regulations.
C. Meetings called for and arranged by the Municipal Employee Relations Officer.
19.3 Use of City Facilities
City employee organizations may, with the prior approval of the Municipal Employee Relations Officer, be
granted the use of City facilities during non -working hours for meetings of City employees provided space is
available. All such requests shall be in writing and shall state the purpose or purposes of such meetings. The
use of city equipment, other than items normally used in the conduct of business meetings, such as desks,
chairs, ashtrays and blackboards, is strictly prohibited, the presence of such equipment in approved City
facilities notwithstanding.
19.4 Use of City Equipment
City employee organizations may obtain copies of documents, notices, or reports by use of copying
equipment for reproduction at basic cost plus overhead. Masters of the material to be copied shall be
submitted to the Municipal Employee Relations Officer or his delegated representative.
19.5 Use of Bulletin, Boards
Recognized City employee organizations may use portions of City bulletin boards under the following
conditions:
A. , All materials must be dated and must identify the organization that publishes them.
B. If an employee organization desires to install a bulletin board, the City reserves the right
to determine where such bulletin board shall be placed.
C. An employee organization that does not abide by these conditions will forfeit its
rights to have materials posted on City bulletin boards.
48
19.6 Payroll Deductions - Employee Organizations
The City will authorize a payroll deduction for City employee organizations subject to the following
conditions:
A. That the employee organization is formally recognized as a majority representative.
B. That the formally recognized employee organization submits to the City a certified list of
membership upon acceptance as a majority representative.
C. That the request for payroll deduction be on an individual, voluntary basis in writing on a
standard payroll deduction form or a form provided by the employee organization,
approved by the Municipal Employee Relations Officer.
D. That any reasonable fee charged the City for payroll deduction activity may be assessed
to the employee organization.
E. The City's responsibility to properly disburse funds withheld shall be limited to the
issuance of a check to the organization involved, for the total amount withheld for a
particular organization each pay period. The check so issued shall be accompanied by a
detailed listing of the employees involved, including the amounts withheld. The City shall
be notified of the proper payee indicating the individual and address to whom check is to
be delivered.
19.7 General Provision Regarding Americans with Disabilities Act
The Americans with Disabilities Act (ADA) requires all employers to make reasonable accommodations to
known disabilities of a qualified applicant or employee who is able to perform the essential functions of the
job.
A. Because the Americans with Disabilities Act (ADA) requires accommodations for individuals
protected under the,Act, and because these accommodations must be determined on an
individual case by case basis, specific provisions of the Personnel Rules and Regulations may
need to be modified on a case by case basis in order for the City to avoid discrimination
relative to hiring, promotion, granting permanency, transfer, lay-off, reassignment,
termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits,
training opportunities, hours of work or other terms and privileges of employment.
B. Employee organizations recognize that the City has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in working
conditions. Appropriate employee organizations will be notified of requests for
accommodations or proposed accommodations prior to implementation by the City.
C. Any accommodation provided to an individual protected by the ADA shall not establish a
past practice nor shall it be cited or used as evidence of a past practice in the grievance
procedure.
49
SECTION 20.0 GRIEVANCE PROCEDURES
20.1 Purpose of Rules
A. To promote improved employer -employee relations by establishing grievance
procedures on matters for which appeal or hearing is not provided by other regulations.
To afford employees individually or through recognized employee organizations a
systematic means of obtaining further consideration of problems after every reasonable
effort has failed to resolve them through discussions.
C. To provide that grievances shall be settled as near as possible to the point of origin.
D. To provide that appeals shall be conducted as informally as possible.
20.2 Definition, Scope and Right to File
A grievance is defined as any dispute involving the interpretation, application or alleged violation of:
A. A current Memorandum of Understanding between the City and a recognized employee
organization.
B. The City's Personnel Rules and Regulations where the provision in dispute is within the
scope of representation excluding, however, any provision that specifically provides that
the decision of the City Manager or other City Official shall be final. ("excluding"
language not applicable to CARP).
C. Administrative policies and procedures of the City regarding personnel matters where
the procedure or policy in dispute concerns a matter within the scope of representation.
(This provision does not apply to employees represented by CPCEA (*see 1996 SEIU
MOU) CPOA (see 1997 MOU), CMEA (see 1998 MOU); Management and Confidential
(see 1998 Resolution).
D. Disciplinary procedures excluding discharge.
Where any of the aforementioned provisions or policies prescribes a separate appeal procedure, they shall
be excluded from the procedure contained herein.
20.3 Grievance Steps
A. Step 1: An employee who has a grievance shall bring it to the attention of his/her
immediate supervisor within five working days of the occurrence of the act which is the
basis for the dispute. If the employee and the immediate supervisor are unable to
resolve the grievance at this step within five (5) working days of the date the grievance is
raised with the immediate supervisor, the employee shall have the right to submit a formal
grievance to his/her department head (see 20.3.13, Step 2) which shall contain the following
information:
50
1. The name and job classification of the grievant.
2. Grievant's department and specific work site.
3. The name of the grievant's immediate supervisor.
4. A statement of the nature of the grievance including date and place of
occurrence.
5. The specific provision, policy or procedure alleged to have been violated.
6. The remedies sought by the grievant.
7. The name of the individual or organization designated by the grievant to
represent him/her in the processing of the grievance. However, in no event
shall an employee organization other than that which formally represents
the position occupied by the grievant be designated as the grievant's
representative.
8. The signature of the grievant.
9. The date of the execution of the grievance form.
A standard grievance form shall be available through the City Manager's Office.
If mutually agreed by the,department head and the employee, the department head
may hold an informal meeting re the grievance prior to the submittal of the formal
grievance form. If this informal meeting does not resolve the grievance, the employee
will be required to submit a formal grievance form to the department head for the
department head's formal decision.
B. Step 2: An employee dissatisfied with the decision of the immediate supervisor in Step
1 may submit the grievance in the manner provided above to his/her department head
within seven (7) working days from the date of the immediate supervisor's decision.
The department head shall respond to the grievance in writing within ten (10) working
days from the date of its receipt. At the discretion of the department head the
grievance may be referred to a subordinate manager above the level of the supervisor.
C. Step 3: If the employee is dissatisfied with the decision of the department head in Step
2, he/she may submit the grievance to the City Manager within ten (10) working days
r. from receipt of the department head's response. The City Manager, or his designated
representative, shall respond to the grievance in writing within ten (10) working days of
its receipt. Within this period, the City Manager; at his discretion, may conduct an
informal hearing involving the parties to the dispute.
D. Step 4: If the employee is dissatisfied with the decision of the City Manager, he/she
may submit the grievance to the Employee Conciliation Committee within ten (10)
working days of the receipt of the City Manager's decision.
The Committee shall consist of three (3) members, one of whom shall be selected by the
grievant and one by the Municipal Employee Relations Officer. Where such members
are other than City employees, they shall serve without compensation and without the
City bearing any obligation to reimburse the member's employer for lost time.
The third member and chairperson of the Committee shall be a representative from the
State Mediation and Conciliation Service, or an individual acceptable to the Municipal
Employee Relations Officer and the grievant. An individual, other than a State
51
representative, chosen by the parties shall be knowledgeable in public sector relations
and may be chosen from any source reasonably likely to produce such an individual,
including but not limited to a labor organization or management organization. Any
costs incurred through the obtaining the services of the chairperson shall be equally
shared between the City and the grievant or his/her employee organization.
The Committee shall conduct a hearing on the grievance within thirty (30) calendar days
from the date the grievance is filed at this step and shall render its decision within
fifteen (15) working days from the conclusion of the hearing. The majority decision of
the Committee shall be final and binding and shall only be subject to ratification by the
City Council if said decision mandates an unbudgeted expenditure.
All hearings shall be conducted in an expeditious manner, with the chairperson retaining
final authority to rule on procedural matters or other points which affect the length and
conduct of the hearing. Court reporters and post -hearing briefs shall only be utilized
upon joint agreement between the grievant and the City and shall not serve to delay the
Committee's decision beyond the prescribed time limits, except by mutual agreement.
20.4 General Conditions for All Grievances
A. Any time limit set forth in paragraph 20.3 may be extended by written agreement
between the parties.
B. A representative. of the recognized employee organization which has been formally
extended bargaining rights for the grievant's position shall be entitled to be present at
any hearing held in conjunction with Steps 3 and 4 of this Grievance Procedure. In
addition, at the request of the employee, the above mentioned representative shall be
entitled to be present beginning at Step 2.
C. The grievant and his/her designated representative shall be entitled to utilize a
reasonable amount of work time, as determined by the grievant's department head, to
confer on the grievance. This reasonable amount of time shall not interfere with City
operations.
D. The City Manager's Office shall serve as the central repository for all grievance records.
E. The grievance procedure will be implemented as expeditiously as possible.
52
SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS
21.1 Right of Appeal
All employees shall have the right of appeal to the City Council on the issue of dismissal except in those
instances where the right of appeal is specifically prohibited by the personnel ordinance or these rules.
21.2 Method of Appeal
Appeals shall be in writing, subscribed by the appellant, and filed with the Personnel Officer. Within five
days after receipt of the appeal, the Personnel Officer shall inform each member of the City Council, the
appointing power, and such other persons or officers named or affected by the filingof the ap
appeal shall be a written statement, addressed to the Personnel Officer explaining the reason for the a The
and setting forth therein a statement of the action desired b the a ppeal
formality of a legal pleading is not required. y appellant and reasons therefor. The
21.3 Notice
Upon the filing of an appeal, the Personnel Officer shall set a date fora hearing on the appeal
not less than
ten days, nor more than thirty days from the date of filing. The Personnel Officer shall notify all interested
parties of the date, time and place of the hearing as so prescribed by the City Council.
21.4 Investigation
Upon the filing of an appeal, the City Council may make such independent investigation of the matter as it
may deem necessary. The result of such investigation shall be made a part of the record of the proceedings
and the appellant shall have the right to have a reasonable time within which to answer or to present
evidence in opposition to the findings of this independent investigation.
21.5 Hearings
The appellant shall appear personally, unless physically unable to do so, before the City Council at the time
and place of the hearing. He may be represented by an
hearing produce on his behalf relevant oral or documentary eevidencerson or ttArney he may select and may at the
state his case first, and at the conclusion omatter ppellant or his representative shall
p
repetitive may be allowed at the discretionof the CityCouncil y Cross s examinat oen of witnessesd. Rebuttal shaaster not
be
permitted. The conduct and decorum of the hearing shall be under the control of the City Council w thldue
regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted
according to technical rules relating to evidence and witnesses. Employees in the Classified service may
request in writing either a closed or open hearing.
21.6 Findings and Recommendations
The City Council shall, within ten days after the hearing concludes, certify its findings and recommendations
in writing to the appellant and to the person, officer or body from whose action the a person, officer or body from whose action the a ppeal was taken. The
review the finings
recommendations of the City Council and the City Council m y thenkaffirm,alrevoke or modify the action
on
taken as in its judgment seems warranted and the action taken shall be final. Any member of the City
Council may submit a minority or supplemental finding and recommendation.
53
- MISCELLANEOUS
SECTION 22.0 EMERGENCY PREPAREDNESS
22.1 Err+Prgency Preparedness
Pursuant to the City of Campbell's Disaster Preparedness Program - Campbell Municipal Code, Ordinance
No. 809:
A. All department heads shall assign each employee an emergency disaster function.
B. Department heads are responsible for making such preparations as are necessary to
insure the continuation of essential municipal services in the event of a war -caused or
natural disaster.
C. The City Manager is the City's Emergency Preparedness Director ashallbe
responsible for planning and coordinating the City's overall emergency preparedness
activities.
SECTION 23.0 COURT APPEARANCES
23 1 Employees - Civil Trials
When a police officer or other employee of the City is subpoenaed
with
the or ICityvil rClerk therequired deposit
of official duties, the person issuing the subpoena shall p
to securing the subpoena. After the employee notifies Finance of C tthtimee the nCity t at ctdeposit
shall retain the entire
dispersed. If the employee has attended court fully o Yentire
reimbursement. If the employee subpoenaed attends n 11y on time and pal tially the employeeme, he/she shall cs timeh the City
reimbursement. If the time spent in court is partially on city
while on City time and the remainder of the
shall be reimbursed the employee's hourly wage p
fee will go to the employee.
SECTION 24.0 OUTSIDE EMPLOYMENT
24.1 Outside Em to ment - Non -management Personnel
in off -duty employment if such secondary employment
Full-time City employees will be allowed to engage
meets the following standards:
ng to
ty or employee.
A. Outside occupations shall be legal in character create aa conflict of nnot lteresttwithlthe employee's
The type of work undertaken must no
City job.
— Outsi
A. Outside work must not be demanding on the employee and carry over into his/her
regular duties by making contacts, either personal or by telephone, the following day.
54
B Outside work must not leave the employee tired or subject to injury on his re
C; Outside employment regular job.
responsibility for injury incurred ust esuch that no on an outside obproblem arises as to the municipal
1
D• The supplemental job should never be allowed to interfere with
the Position to the extent that the employee is not always readily accessible in caseuties of a City
emergencies. of
E. A supplemental employer shall be willing to agree, in writing, that an em
be permitted to return to his/her regular duties immediately upon call. ployee would
24.2 A lication for Permit to En a e in Outside Em to ment
The basis for approval by the immediate supervisor and department head is as fol
lows:
A. No employee will be allowed to engage in any outside employment witho
out an off -duty employment permit which in turn is to be a ut first filling
immediate supervisor and department head. q co pproved or denied by the
py of department head is to be filed with the City Manager's Off cech permit approved by the
B. Each request to engage in outside work is to be considered individually. Certain
work which are incompatible to the department would be so design ted types of
department head. y the
24.3 Maximum Hours Permitted in Outside Em to ment
A ceiling on the number of hours permitted on outside work is hereby established as 20 hours per week. This
is considered as the maximum possible without affecting the employee's efficien
24.4 In'uries Resultin from Outside Em to ment cY on his/her regular job.
As part of the processing of the off -duty employment permit, the employee is re
any rights he/she would have against the City or any retirement system which the
disability which would be caused from or arise out of the employmentquired to specifically waive
employee is also required to waive any rights to Workers' Compensation benefits because of any injury or
e City might adopt as to
sickness caused by or arising out the outside employment. for which the request is made. The
24.5 Outside Em to ment and Sick Leave
An employee whose sick leave record indicates the lack of strength to sustain both City employment and
outside employment will not be allowed to engage in outside employment.
24.6 Outside Em to ment--Mana :11ement Personnel Management employees will be permitted to engage in secondary employment conditions: p oyment under the following
A. Outside occupations shall be legal in character and not degrading to the City
The type of work undertaken must not create a conflict of interest with the employee's
ing City
City job or in any way decrease the effectiveness of the employee in conducting tang Ctyy
55
B. Outside work must not be demanding on the employee and carry over into regular
workday duties by making contacts, either personal or by telephone, during City working
hours.
C. Outside work must not leave the employee tired or subject to injury on his/her regular
job.
D. Outside employment must be such that no problem arises as to the municipal
responsibility for injury incurred on an outside job.
E. The secondary job should never be allowed to interfere with the duties of a City position
to the extent that the employee is not always readily accessible in case of emergencies.
F. A secondary employer shall be willing to agree, in writing, that an employee would be
permitted to return to his/her regular duties immediately upon call. .
G. All rules pertaining to outside employment as outlined in paragraphs 24.3, 24.4, and 24.5
shall also apply to management employees who are granted permission to engage in
secondary employment.
H. Outside Employment Permits for unclassified management employees will require the
approval of the City Manager. Permits for classified management employees will require
department head approval with a copy of the approved permit filed with the City
Manager's Office.
56
SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS
25.1 Reimbursement Policy
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon
recommendation of the individual's immediate supervisor and the department head, as well as approval by
the Personnel Officer or his designated representative. The prior -condition of the damaged item should be
considered in determining the amount of reimbursement. Guidelines have been developed which will assist
employees, department heads and supervisors in processing claims under this policy. They may be obtained
from the Personnel Division.
25.1 Reimbursement Policy (continued)
A. Damage to personal effects not required by the City would be allowed under the same
conditions as outlined in the preceding portion of paragraph 25.1.
B. No costs should be incurred by the City when it has been demonstrated that loss or
damage was due to personal negligence.
C. No costs should be incurred by the City in an .unreasonable amount. For example, if an
employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for
the City to reimburse him in this amount inasmuch as he did not exercise good judgment
in wearing an expensive instrument on a job that has certain hazards connected with it.
D. Definition of Personal Effects: Those items worn or carried by the employee in the line of
duty.
SECTION 26.0 CITY VEHICLES AND DRIVERS
26.1 Use of City Vehicles and Equipment
Except in case of emergency or Council authorization, a City vehicle is to be driven only by City employees.
City vehicles and equipment shall, under no circumstances, be used by any employee or citizen for other than
official business. Violation of this policy will be cause for strict disciplinary action.
26.2 Employee Driving Habits
Every employee driving a City vehicle shall obey all traffic regulations and display road courtesy at all times.
26.3 Motor Vehicle License
If the primary duty of the employee is the driving of City vehicles on public streets, then he shall carry at all
times a valid and appropriate Motor Vehicle Operator's License.
26.4 California Vehicle Code Restrictions
All City employees who drive City vehicles are subject to the provisions of Sections 21052-21057 of the
California Vehicle Code. It is the responsibility of each City employee who drives a City vehicle to be familiar
with these Vehicle Code Sections so he can act accordingly.
57
26.5 Pool Cars
Pool cars are to be stored at areas designated by the City Manager when not in use. Authorized personnel
may not take a pool car home except in the case of an evening meeting or an early morning meeting or
assignment. Employees will not. be permitted to take city vehicles home for night meetings if a 10-mile
roundtrip maximum would be exceeded.
26.6 Use of Personal- Vehicle for City Business
Employees using their personal vehicles for City business will receive an auto allowance or mileage
reimbursement. Mileage reimbursement will only be granted if a pool car was not available or special
authorization was granted.
26.7 City Vehicles and Employees on Standby Basis
City vehicles assigned to employees on a standby basis are not to be left unused at the employee's home
longer than a 48 hour period. In such cases, City vehicles are to be left at the Corporation Yard or City Hall
and, if necessary, they are to be reassigned to the immediate supervisor for use by an alternate City employee
until the return to work by the City employee originally assigned the vehicle.
26.8 Procedure for Accidents
Employees driving City vehicles involved in accidents resulting in property damage or injury shall immediately
do the following:
A. Promptly notify your supervisor.
B. If necessary, notify the law enforcement agency in whose jurisdiction the accident
occurred.
C. Comply with the California Vehicle Code.
Notification of an accident shall be promptly reported to the Finance Department so that the insurance
company may be notified. Two copies of all accident reports involving City equipment shall be forwarded to
the Finance Department as soon as possible.
26.9 Service of City Vehicles
All City vehicles and equipment should be serviced at the City's Service Center in accordance with City policy.
26.10 Mileage for Evening Meetings
Employees who are authorized to use their private cars to attend an evening meeting at City Hall and who live
within the city limits of Campbell, shall be reimbursed at the current per mile rate as designated by the City
Council. Employees who are required to attend an evening meeting at City Hall but who live outside city
limits, shall be reimbursed at said rate with a maximum allowable charge of ten miles for the round trip.
26.11 Mileage for Out -of -Town Meetings
Employees who are authorized to use their private cars to attend out-of-town meetings shall be reimbursed
at the current designated rate to be computed from the City Hall or home of the employee, whichever is the
shortest distance. For trips which are in excess of a 125 mile radius, the employee will be reimbursed at the
rate equivalent to the current and prevailing first-class air fare as of the date of said travel.
58
26.12 Mileaee for Employee's Car on City Business
An employee authorized to use his own car for City business will be reimbursed at the mileage or flat rate
established by the City Council. Mileage reimbursement will only be provided to those persons who have
previously submitted proof of insurance coverage to the Finance Department.
26.13 Seat Belts
Employees shall fasten seat belts on entering City vehicles. Failure to take such safety precautions may result
in disciplinary action.
59
ADDENDUM "A"
I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP
Campbell Municipal Employees Association
The calendar year entitlement for those employees represented by the Campbell Municipal Employees
Association is five (5) days. New employees receive the appropriate prorated portion of this
entitlement upon hire.
Campbell Police Civilian Employees Association
The calendar year total holiday pay entitlement is 4.8% of salary in lieu pay. In addition, represented
employees receive two (2) Floating Holidays per calendar year to be taken as days off. New employees
receive the appropriate prorated portion of this entitlement upon hire.
Northern California Carpenters Regional Council
The calendar year entitlement for those employees represented by CARP is five (5) days. New
employees receive the appropriate prorated portion of this entitlement upon hire.
Management Employees
The calendar year entitlement for management employees is five (5) days. New employees receive the
appropriate prorated portion of this entitlement upon hire.
Confidential Employees
The calendar year entitlement for confidential employees is five and one-half (5-1/2) days. New
employees receive the appropriate prorated portion of this entitlement upon hire.
II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS
Floating Holidays must be used during the calendar year in which they are granted, and may be
utilized in conjunction with annual vacation leave. For these purposes, the beginning of the calendar
year means the first day of the first pay period that begins in January.and the last day of the calendar
year means the last day of the pay period that contains December 315t. All Floating Holiday leave
time must be scheduled with the employee's supervisor at least 24 hours in advance and cannot be
disruptive of departmental operations.
Floating Holiday time shall have no monetary value upon termination of employment unless a
terminating employee has taken more than the proportionate share to which he/she is entitled prior
to the termination date. The formula for determining the proportionate amount of Floating Holidays
remaining in a calendar year shall be one Floating Holiday for each three months remaining in the
calendar year. The value of a Floating Holiday shall be the same as one day of vacation, and if used
but not earned, it will be adjusted for on the employee's closing check.
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