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Resolution - 6130RESOLUTION NO. 6130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING MASTER PERSONNEL RESOLUTION NO. 1277 RELATING TO ACTING PAY FOR FIELD SERVICE EMPLOYEES IN THE MAINTENANCE DEPART - MEND, OVERTIME AND COMPENSATING TIME OFF, PAYMENT OF COURT TIME FOR SWORN POLICE OFFICERS, MANDATORY STANDBY FOR MAINTENANCE EMPLOYEES, USE OF VACATION, • AND ANNUAL SICK LEAVE PAYOFF PROGRAM. The City Council of the City of West Covina does'resolve as follows: SECTION 1. Pursuant to the terms and conditions of the Memorandums of Understanding between the City of West Covina and the four employee associations for the calendar year 1980, relat- ing to: (a) Section VIII - Salary on Acting Temporary Appoint- ment to Higher Class, (b) Section X - Overtime and Compensating Time Off, (c) Section XII - Vacation, and (d) Section XIII - Sick Leave, the attached Exhibit A, amending Master Personnel Resolution No. 1277, and by this reference incorporated herein, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution. • ADOPTED AND APPROVED this 27th day of May 1980. ATTEST: Ors City Clerk I hereby certify, that the foregoing resolution was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 27th day of May 1980, by the following vote of the Council: AYES: Councilmen: Tennant, Tice, Chappell, Shearer, Browne NOES: Councilmen: None ABSENT: Councilmen: None • APPROVED AS TO FORM: c� City Attorney City Clerk "EXHIBIT A" VIII.(1) Salary on Acting Temporary Appointment to Higher Class Miscellaneous employees serving in an acting status shall receive a full step increase in compensation payable from the 31st calendar day of such appointment until the completion of the appointment, provided such acting appointments are made in writing by the appointing authority with a copy to the • Personnel Office. Professional employees of the Police Department shall be compensated for acting appointments in accordance with Section 8 (e) of Personnel Resolution No. 1277, and such com- pensation shall be payable from the date of appointment to the date of termination, provided such an appointment exceeds 90 calendar. days. The acting appointee shall receive no additional compensation while serving in an acting status except as pro- vided for in this section. Professional employees of the Fire Department serving in an acting status shall be compensated in accordance with provi- sions of Salary Resolution No. 1277. (1976 - Res. #5379) The Fire Chief shall, where possible, make replacement assign- ments from within the same rank as the absent employee pro- vided that the replacement is fully qualified to perform all the duties required. If any position of Fire Engineer, Fire Captain, or Fire Battalion Chief is filled on a temporary basis by an employee whose existing classification is a lower rank, he shall be paid a salary which is five percent above his then existing salary commencing with the first shift worked in the temporary assignment, provided that the employee is fully qualified to • perform all the duties of that rank. Temporary assignments to acting positions shall be made from the eligibility lists of qualified employees developed by the Personnel Office when such -lists exist. In the absence of a current list,.appoint- merits shall`be determined by the Fire Department management staff. Employees of the Maintenance Department (non -clerical, confi- dential or management) will be provided acting pay after com- pletiion of twenty-two non-consecutive work days or the equiva- lent thereof during any fiscal year. Further, "when an acting assignment is made such that it occurs during June of one fiscal year and overlaps into the next successive month of July which is the beginning of a new fiscal year, pay will be provided when such acting assignment exceeds twenty-two (22) consecutive calendar years. Rev. 4/80 -19a- Resolution Section 1X. 1�Qurs-Qf Wgrk� • • (a) It is the policy of the City of West ("ovina that eight (8) hours shall consti- tute a day's work and five (5) days shall constitute a week's work, for all employees, except that work days and work weeks of a different number of hours may be established by Resolution of the City Council in order to meet the varying needs of the different City Departments. (b) Daily hours of work (or shifts) for employees within departments shall be assigned by department head as required to meet the operational requirements of said departments. (c) Monthly compensation shall be based on a 40-hour week, and no authorization may be made for an employee to work less than said 40 hours without directly proportionate decrease in compensation. (d) Any foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be cleared through the office of the Personnel Officer, and such absences shall be noted on the employee's time sheet. (e) In the Fire Department all employees classified as Firefighter, Fire Engineer, Fire Captain, and Fire Battalion Chief, will serve on the 3-platoon system; each platoon is required to work 121.75 regularly scheduled shifts per year, and every shift is composed of 24 hours. Each Fire Department employee in these classes is, therefore, required to work a stated total of 2922 hours per year (.56.19 hours per week). For purposes of equating vacations, holidays, sick leave, and similar benefits related to stated working time, it is the policy of the City that the ratio between general City employees and Fire platoon employees shall be determined by using a 1 to 1.5 factor; provided, however, that the base hourly rate for overtime purposes shall be computed by multiplying the monthly base salary by twelve and dividing said product by 2922. (1976 - Res. #5318) (f) Trade of shifts shall not be allowed where such trading may result in overtime compensation for either of the employees involved, unless such trading is expressly authorized by the Department Head. (1977 - Res. #5507) Rev. 4/80 Resolution -20a- • • Section X. Overtime and Compensating Time Off (Revised 4/80) (a) It is the policy of the City of West Covina to avoid the necessity,for overtime work whenever possible. However, when overtime is necessary and approved by the Department Head, payment will be at time and one-half for all hours worked in excess of the normal daily work shift. Vacation, sick leave, holidays, jury duty and compensating time off shall count toward the computation of the normal daily work shift. (1) The normal daily work shift for non-public safety employees is eight hours per day. Police safety employees assigned to patrol will have a ten-hour work shift. Other sworn employees will have an eight -hour work shift. Fire safety employees will. have a work shift of twenty-four hours. (2) Exceptions to Time and One -Half (aa) Police - End of shift report writing and time spent in training or at the range will continue at straight time. (bb) Fire - Voluntary trades of shift and "suitcase time" from station to station will be paid at straight time. (b) No Department Head, Assistant Department Head,.or First Line Supervisor shall be entitled to any compensation for overtime work.- (Said individual's salary shall be consid- ered full compensation for all hours worked.) (1) A First Line Supervisor is defined as an employee with the authority to effectively recommend any one of the following:. The hiring, transfer, suspension, promotion, dis- charge, and,discipline of any other employee in his or her Department or section. (c) Compensating Time Off (1) Non -Safety - In lieu of cash payment and within any one pay period, an employee may choose compensatory time off.. Such time will be granted at the straight time rate (one hour work will equal one hour of compensatory time off). Once compensatory time off is selected within any one pay period, the employee may not request cash payment. The Department Head may set individual employee accumulation ceilings based.on-the needs of the department as they relate to the specific skills or job classification an employee occupies. Resolution -20b- Department management will endeavor to schedule compensatory time off to the mutual satisfaction of employee and department. If overtime is worked during an employee's final six months of service and compensatory time off cannot be scheduled, the employee may receive pay • at the rate of time and one-half. (2) Police - Once compensatory time off is selected .within any one pay period and approved by the Department Head, the employee may not request cash payment. Upon separation, an employee shall receive payment at the straight time rate for accumulated compensatory time. When an employee works overtime and chooses to accumulate compensatory time off in lieu of paid overtime, such compensatory time off will be granted at the straight time rate (one.hour work will equal one hour of compensatory time). (d) If, in the judgment of the Department Head, work beyond the established work week is required by his or her em- ployees, such work, except in the case of immediate emer- gency, shall be performed only with the prior authoriza- tion of the City Manager. (e) In emergencies, where prior authorization cannot be issued, the Department Head shall obtain approval for the overtime worked by an employee at the earliest opportunity there- after, in no case to exceed five calendar days after the date worked. • ('1) An emergency shall be construed ,as an unforeseen com- bination of circumstances which calls for immediate action, where life, health, safety,.welfare and- se-curity are involved. (f) Incidental overtime is not compensable,.and may not be credited as overtime. Incidental overtime is defined as overtime of less than one hour in any one day, which is non -recurrent in nature. (g) Provisions shall be made for as equitable distribution of overtime as possible, consistent with efficient operations of each department, when such overtime work is required. (h) Superseded by X(c)(1), paragraph two. OVERTIME POLICE AND FIRE (i) In the Police and Fire Departments, overtime is guided by the same general policy herein listed for all depart- ments and employees. However, for purposes of clarifica- tion, the following employees and classes of employees shall receive overtime under the limited.conditions here- in set forth. Resolution -2la - . Rev. 4/80 (1) Sergeants and Lieutenants in the Police Department shall receive overtime compensation for required court time or emergency call-back time, if such court time or emergency call-back time falls within a normal off -duty period and amounts to more than one hour. (2) Police Officers in the Police Department shall receive overtime compensation for approved extended work days for more than one hour and court time and call-back time for emergency service, if such court time or call-back time for emergency service falls within a scheduled off -duty period. (3) Time spent in court beyond the regularly scheduled shift will be paid at a time and one=half rate with a two-hour minimum guarantee. (4) Police Officers assigned to detective duty shall re- ceive compensation for overtime when required to work on Washington's Birthday, Lincoln's Birthday, Veteran's Day, Columbus Day, or Admission Day. A 5% pay differ- ential shall be paid to compensate for special aspects of their assignment, and they shall receive overtime compensation for required court time,'or emergency call- back time provided such overtime is authorized and ap- proved by the Division Commander. (5) FIRE CALL-BACK Approved overtime for Fire Department employees entitled to it shall include only hours worked when employees are requested or required to return to work by their depart- ment from off duty, provided.however,.that such employ- ees shall.receive a minimum of three hours pay for hours worked of three hours or less. Approved overtime for Fire Department employees entitled to it also shall include time worked in excess of .15 minutes as an extension of a regular scheduled shift, to be compensated on,the basis df,15 minute increments. (1977 - Res.,#5507) (6) Captains and Engineers employed in the Fire Department shall receive overtime compensation for required emer- gency shift replacement or emergency call-back time if such emergency call-back time or emergency shift re- placement falls within a scheduled off -duty period. (7) Firemen shall receive overtime compensation for approved extended work days for more than one hour and for emer- gency shift replacement or emergency call-back time if' such emergency shift replacement or emergency call-back time falls within a schedule&'off-duty period. Rev. 4/80 Resolution. - 22a - • 0 (j) MANDATORY STANDBY (1) When.conditions necessitate, employees in the Communi- cations Department and professional employees in the Fire and Police Departments, shall be required on a mandatory basis to hold over past the end of their nor- mal shifts and/or to be called back to work during their off -duty time. Such action shall be taken during emer- gency situations as determined by the Department Head, including when staffing drops below department set mini- mum levels. (1977 - Res. ##5507) (2) maintenance Department employees required to serve on mandatory standby will be compensated either four hours earnings or four hours compensatory time off. A listing of names and dates of employees placed on standby will be provided. The City will attempt to solicit volun- teers first and will place on standby only those employ- ees that reside 15 or fewer miles to West Covina City limits. This rule will be rotated uniformly among the appropriate department employees. (k) OVERTIME/CALLBACK PAY (1) If an employee, other than a safety or maintenance em- ployee, is required to return ,to work at the request of his department head while'on regularly scheduled time off, the employee shall "receive a minimum of two :hours pay at the rate of time and one-half. Such em- ployee shall be compensated at the applicable rate for all.time worked in excess of two hours, including neces- sary,travel time from the employee's.home to the job site and return. The minimum provided for herein shall not be paid more than twice during.any one calendar day and shall be considered as time worked. (1974 - Res. #4967) (2) Whenever a Maintenance Department (non -clerical, non- management) employee is required to return to work, the City agrees to pay to the employee a minimum of two hours at time and one-half, and time and one-half on an hour -for -hour basis for each hour thereafter. Whenever an employee is required to work on a call- back basis, the employee may elect,to receive compen- satory time off. Under these circumstances the City will credit a minimum of three hours for each occasion of callback and straight time` -off on an hour -for -hour basis for each hour in excess`.of three hours.. Section X.1 Rev. 4/80 Resolution UNIFORM ALLOWANCE Please refer to annual resolution re: Basic Pay Range Structure and Benefits for allowances under this section. - 22b - Section XII. Vacation (a) Effective as of July 1, 1968, each full-time employee of the City shall accrue vacation leave with pay at the rate of .5/6ths of a working day per month for each month of service with the City up to and including 60 months of service, and at the completion of 60 months of service 5 additional days • vacation shall be granted; from 60 to 108 months vacation time shall be earned at the rate of 1-1/4th days per month; and from 108 to 120 months vacation time shall be earned at the rate of 1-1/3rd days per month; and from 120 to 132 months vacation time shall be earned at the rate of 1-5/12th days per month; and from 132 to 144 months vacation time shall be earned at the rate of 1-1/2 days per month; and from 144 to 156 months vacation time shall be earned at the rate of 1-7/21st days per month; and from 156 to 168 months vacation time shall be earned at the rate of 1-2/3rd.days per month, up to a maximum not to exceed 20 days earned vacation per year. (aa) Vacation Use Vacation time shall be deemed credited effective upon the employee's anniversary date. New employees - Upon completion of six consecutive months of service may be credited with one half of the annual earnings and may begin using such accrual. Thereafter, employees may use vacation as they complete each month of service. (b) It is the policy of the City that where possible vacation be taken in the year indicated in this section. Upon request of the department head, vacation leave may be accumulated to a maximum of twenty working days with approval of the City Manager and added to current vacation. (c) The time during the year at which an employee shall take his vacation shall be determined by the appointing power of such employee with due regard to the wishes of the employee and particular regard for the needs of the service. (d) Any employee, who has been in continuous full-time service, of the City for a period of six full months or more, who is about to terminate his employment, and who has earned vaca- tion time to his credit, shall be paid for such vacation time on the effective date of such termination. It shall not be necessary to carry such employee on the payroll for the vaca- tion period, and the vacancy thus created may be filled at any time after the employee ceases to perform the duties of his office or employment. When separation.is caused by death of an employee, payment shall be made to the estate of such employees. Rev. 4/80 -24- Resolution 0 (d) The Personnel Officer may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for any employee's absence during the time for whi.ch sick leave was requested. (dd) SICK LEAVE, ANNUAL PAYOFF,,AND ACCRUAL • Sick leave will be earned at the rate of one day (eight hours) per month for a possible total maximum of twelve days per calendar year. Sick leave used during each calendar year will be charged against the current year's earnings. . At the end of the calendar year the City.will determine the amount of unused sick leave. Thereupon, in January each employee must carry-over to a sick leave "bank" a minimum of seven days, if available, and may request cash payment for any days above seven or may add it to the sick leave bank. 'If seven days of unused sick leave are not available, then the number of unused days must be carried.over to the sick leave "bank. Current payoff programs at termination or retirement will remain the same. This is a one year 1980 "pilot" program and it will be reevaluated by City management. If the program is discarded, the City agrees to revert to its previously effec- tive sick leave program as contained herein. 0 Rev. 4/80 -26b- Resolution 0