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Resolution - 6290RESOLUTION NO. 6290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MASTER CLASSI- FICATION AND COMPENSATION RESOLUTION NO. 1277 RELATING TO ACTING PAY FOR SWORN POLICE EMPLOYEES, ACTING ASSIGN- MENTS IN THE FIRE DEPARTMENT, AUTHORITY TO REQUIRE A PHYSICIAN'S CERTIFICATE, AUTHORITY TO REQUIRE A PHYSICAL EXAMINATION, COURT STANDBY PAY FOR SWORN POLICE EMPLOYEES, ANNUAL SICK LEAVE PAYOFF PROGRAM; AND ALSO AMENDING THE PERSONNEL RULES AS THEY RELATE TO UNAUTHORIZED LEAVE AND AUTOMATIC TERMINATION. WHEREAS, pursuant to the terms and conditions of calendar year 1981 Memorandums of Understanding between the City of West Covina and the West Covina Fireman's Association, the West Covina General Employee's Association and the Service Employees International Union, Master Classification and Compensation Resolution No. 1277 and the Personnel Rules (Resolution No. 1276) are hereby amended as set forth in this resolution; and WHEREAS, Memorandums of Understanding were not reached between the City of West Covina and the West Covina Police Officer's Association, and employees occupying the classification of Communications Operator, the City Council has taken action to authorize improvements in wages, hours and conditions of employment for employee -members of these two respective bargaining units; and WHEREAS, pursuant to the above -mentioned City Council actions of January 26, 1981 and February 1, 198.1, Master Classification and Com- pensation Resolution No. 1277 and the Personnel Rules (,Resolution No. 1276), the following amendments are made to comply herewith. • NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION 1. Master Classification and Compensation Resolution No. 1277 is hereby amended as. set forth. in Exhibit A of�th s.Resolution. The amended sections,of Resolution No. .1277 are as follows: (;a)_ Section VII. (.l),.a Acting pay for sworn police. employees; (b)_ Section VII. (_l),c - Temporary acting assignments in the Fire Department; (c)_ Section X. (j)_ (3)_ Court standby pay for sworn police employees; (d) Section XIII'. (=d). - Authority to require.a physician's certificate to verify employee absences; Section XI:I:I. (dd) Extension of annual sick leave payoff program! (f). Section XI'II. (k_Z - Authority to require a physical examination before an employee is authorized to return to work. SECTION 2. Personnel Rule X.1 (Unauthorized Absence - • Automatic Termination) is hereby amended as set forth in Exhibit A of this resolution. SECTION 3. The effective date of this resolution is January 1, 1981. El SECTION 4. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 9th day of ATTEST: xw City Clerk March 1981. A/'4 ez-'e' — or I HEREBY CERTIFY that the foregoing Resolution No. 6290 :was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on.the gth day of March 1981 by the following vote. of the. Council.. AYES: Councilmen: Tennant', .Chappell , NOES: Councilmen: none ABSENT: Councilmen: Bacon n �J APPROVED AS TO FORM: City Attorney 1] Tice, Shearer Mayor —, fz� City Clerk WOW EXHIBIT "A" VII.(1) Salary on Acting Temporary Appointment to Higher Class. • • (a) Miscellaneous and sworn police 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 Per- sonnel Office. (1981 - Res..# ) (b) Employees of the Maintenance Department (non clerical, confidential or management) will be provided acting pay after completion of twenty-two (22) non-consecutive work days or the equivalent thereof during any fiscal year. Further, "when an acting assign- ment 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 the new fiscal year, pay will be provided when such acting assignment exceeds twenty-two (22) consecutive calendar days."(1980 - Res. #6130) (c) Professional employees of the Fire Department serving in an acting status shall be compensated in accordance with provisions of Salary Resolution No. 1277 . The Fire Chief shall, where possible, make replacement assignments from within the same rank as the absent employee provided 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. (1976 - Res. #5379) Temporary assignments to acting positions shall be made from the current and valid eligibility lists of qualified employees, developed by the Personnel -office when current and valid lists exist. In the absence of a current and'valid list, or when personnel are not available from a current and valid list, appointments shall be determined by the Fire Department manage- ment staff using any previous eligibility list as a criterion. Further, any employee on any eligibility list may request that his/her name be removed from such list in order to avoid assign- ment on an acting temporary assignment by following Personnel Rule VIIA (b). Such voluntary removal becomes irrevocable for both permanent and acting assignments. .(1981 - Res. # ) -19a- • • C� (j) MANDATORY STANDBY (1) When conditions necessitate, employees in the Com- munications Department and professional employees in the Fire and Police Departments, shall be required ona 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 minimum 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 em- ployees who reside 15 or fewer miles to West Covina City limits. This rule will be rotated uniformly among the appropriate department employees. (1980 - Res. #6130) (.3) Court Standby Pay (1981 Res. #6277) For each occasiona sworn police employee is placed on standby by.the courts, the City will pay the employee $35, provided such standby occurs beyond the employee's regularly assigned shift. The $35 payment will be the maximum paid to any sworn police employee for all standby assignments in one day. (k) OVERTIME/CALLBACK PAY (l) 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- -22b- • • (d) Physician's Certificate (1981 - Res. # ) (1) The Department Head may require evidence in the form of a physician's certificate or written statement, as to the adequacy of reason for any employee's absence of two (2) or more consecutive working days for which sick leave was requested. A failure to supply or provide said certificate or written statement shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate. (2) In the Fire Department, the Department Head may require evidence in the form of a physician's certificate or written statement, as to the adequacy of the reason for any Fire employee's absence of three (3) or more consecu- tive shifts for which sick leave was requested. A failure to supply or provide said certificate shall.be grounds for denial of sick leave pay and the imposition of such dis- ciplinary action as may be deemed appropriate. (dd) Sick Leave, Annual Payoff and Accrual (1980 - Res. #6130) 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." The current payoff programs at termination or retirement, as detailed in Section XIII ,(h), remain unchanged. (This annual sick leave payoff and accrual program was in- stituted in 1980 as a "pilot" program. The program will remain in effect for calendar year 1981 and will be reevalu- ated by City management. If the program is discarded, the City agrees to revert to its previously effective sick leave program as contained herein.) -26b- (k) i Physical Examination (1981 - Res. # ) (1) Any employee absent from work for a period of three (3) or more consecutive working days, due to illness or accident may be required to submit to and successfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice, with all costs to be paid by the City. (2) In the Fire Department, any employee absent from work for A period of three (3) or more consecutive shifts, due to illness or accident, may be required to submit to and suc- cessfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice, with all costs to be paid by the City. -27a- RULE X. LEAVES OF ABSENCE WITHOUT PAY X.1 Unauthorized Absence - Automatic Termination (a) Any employee absent from his/her job for more than two (2) working days without prior permission of the De- partment Head, shall be considered to have automatically terminated his/her employment with the City. (b) In the Fire Department, any employee absent from his/her job for more than two (2) consecutive shifts without prior permission of the Department Head, shall be considered to have automatically terminated his/her -employment with the City. X.2 Unauthorized Absence - Other Disciplinary Action Any unauthorized absence may be cause for disciplinary action as provided in Rule XI. X.3 Authorized Absence (a) Upon the request of the employee and the recommendation of the appointing authority, a leave of absence without pay may be granted by the Council to an employee, who, immediately preceding the effective date of such leave, shall have completed at least one year of continuous service. An employee shall not'be entitled to a leave of absence as a matter of right but only upon good and sufficient reason. • (b) Request for leave of absence without pay shall be made as prescribed by the Personnel Officer, and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. The Personnel Officer shall then make his recommendation, and transmit the request to the Council. A request for a leave of thirty (30) calendar days or less during any fiscal year, may approved by the Personnel Officer, upon recommendation of the appointing authority. (c) A leave of absence without pay may be granted by the Council for a period not to exceed one year, provided that the Council may extend such leave for an additional year. (d) Failure of the employee to return to his employment upon the termination of any authorized leave of absence shall constitute a separation from service of'that employee, unless such leave be extended by order of the Council. •