HomeMy WebLinkAboutORD NO 1261 .. :..::....
....ORDINANCE NO.1261 .NEW SERIES
· --' AN ORDINANCE PROVIDING FOR AND REGULATING
~ VACATIONS, SI.OK LEAVE, MILITARY LEAVES' AND
~ 0TNER LEAVES 0F A_.~ENCE FOR OFFICERS AND '-
EMPLOYEF~ OF THE CITY OF BAKERSFIELD, AND
REPEA~ING ORDINANCES, NOS. 995, ll3?, 1159,
BE ITl ORDAINED by .the Council of the City of-Bakersffiel~'-'" ..
.. as follows: ......
The. City"Manags~;' shall act as Personnel .Director. to adminie.
_. .ter th~ basic va'cation,· 'sick leave, and leave Of absence plan herein'.~
contained. ." ..~
SECTION 2-. ' :;' :
-. E~er'¥ person enterir~ the service of the City du~E anY" '..
.. ca'.lendar y-ear shal~ 'be e.~.titled:, 'after having be~n :in-.se'~lce continu.-
ously f.o.~ one yea~, during the .~ucceeding calendar, year,, to a p~;O~--~_
rated vacation based upon actual service with the'City' during his or -.
her entrance calendar' year,, as's'et' forth in the tables .·below. There- '.-
af.te~, .annual V~cations shall be taken during the calendar yea~-sue.
ce.eding the ye~r of.leer'vice and shall not be cumulative except-:under
extraordinary ..ci~Cumstance's whe~-e a 5epartm'ent head, in the. be"st~ in-
te~ests of the Ciby dete'r~.uines ·that an employee shall postpone the
takimg ..of any vacat'ion d~e in any calendar year. Upon approval 'in
~iting. by the Ciby. Managcm,.'ss. id employee shall-be allowed such
vacatio~ ~u~'ing. the succee~.iag calenSar year.
" (E~.rne~ Vaca ti ons)
The eaz~ne5 vacatiou for all employees, w~ch shall be based
upon total years ~f s.e~vice with the 2ity, shall' be as indicated below:
".. (a) Mis?ellancou~ ~epar~,ments-
.... ~.- (1) Fo~.those employees in the services of the City
on bhe ~.~d:-~ay oF March, ~19~4-,.. e..~rned, vacatZon' shal.1..b~ 'comP~ted on '.
.. -~' ~ -. ~- or major 'portion.th~reof. ..
--':' 11 to '20 years inctus~Lve:.~-working days .per month -'"' .'"[-'J "'
(2) For ~hose employees entering or
%.-.~-~3.~'e~vice off."the City-after the 3rd day of March, 195~';"~earned
vacation, s~ll be.c~puted on length of service with"the Ci~,-. a~(.....
1 to. 10 "years inclusive: 5/6 worki~ day per month or
major portion
· .' 11 ~o 20 years inclusive: 1-1/~ worki~ days-per month · "'
· ' or major, portion thereof... '- ....
21. years an~ over: 1-2/3 wo~ng' days per month' ~ .....
... or major por. tion the~eo'f. ....
(b) Fire a~d Police Denartments: ....
1 to t0 years inclusive: 15 calendar days. ._. '- ..
'11-to 20 y~ars. inclusive: 21 Calendar days, ._.
.. 21 years and ove~: 28 calenda~ .days. ..
"(Computing Years of Service) _.:....:...
For the-purpose of computing total years of service.'~':"the :-
following rule .shall apply: .-.~..
-. ~ployees absent from the service-of t~ City for one year
· - or !es.s~' shall be allowed credit' for prior .years of service ~ computj' "-'
· " lng earned vacation, excluding the time absent. Persons absent-.from" ' ~....'/
· the service of' the City fop mo~e than one year shall not_be credited
wi'th prior service in computi~ earned vacations, except as otherwise -. ....
'provided in this..ordin~ce.
(D~isccllan®ou-- provisions re vacations )
{a) The ttmoz du~t.lg the oalenda~ ~o~ ~t ~hich ~ ~plo~o~
s~!l take his vacation ~,~11 ~e detect.ed b~ each dopa~nt head.
~osp~ctivol2 with due ~ega~d fo~ ~he wishes of the employee
c~a~ ~e~a~d fo~ tho ne~dz' of his depa~ent.
(b) ~1 acc~ed vacation loave ~st be ~ak~ m~ on.
~l~se ~der special ci~c~.st~ces o~ fo~ the convenience of thc City
a lesse~ period is approved by the appointin~ powo~ ~d the City
(c) ~2 pceson whose service eith the Cit2 is
by t~ City and ~zho s~-ll lmve been in cont~us so.vice fo~ on.
2ea~ o~ ~e ~4dia~el2 ~ior to such to~ination, s~ll be
his ~e~ar compensa$ion for ~y vacatio~ due on the effoctive d~c
of te~ation as p~esc~ibed in Section 2.
(d) Po~sons ~si~ing f~ t~ so.vice of the City, who
shall ~ve boom ~ continuous service fo~ one 2ea~ o~ mo~e
p~ioe to the effectivo dcto o~ ouch ~esi~ation s~ll be allowed
termination pay ~ liou of ~y ca~od ~cation ti~ ~zhich ~aid
person s~ll ~ve acc,~.lm].a~cd p~io~ to said mesi~ation. ~e compu-
tation of said moc~atcd ~cation t~c s~!l bo bazcd om a
~nth of 17~ ~s.
(e) A vae~tiom to which ~ poison ~uld be entitlc~ box-o-
~de~ s~ll be compenmatod fo~, e.~to~ doa~h tn the ~o ~o~t ~.~
t~u~ compensation we~o be~ paid for such vacation.
(f) Fo~ thc pt~osc of doto~Au~g length of so.vic.,
spent b2 ~ office~ o~ er~ployoo on milita~ loave o~ fo2 his l~-day
period of e-tensive ~ain~.~, ~11 bo co.tod as t~ spent in tho
service of the City, pc. riled, ~evo~, t~t cont~i5utio~t ~o
~eti~ent f~d by said offico~ or ~ployee shall not be de.ed waived.
- (g) An employee wh&[-~s 'granted a leave of '~ence without
pay and who is off the payroll for less than two.~&j periods wtthi~
. one calendar year shall_not suffer any loss or reduction of hi~:.fvacation
....--- ...~. ~
time'. If such employee is'.~-,the., payroll for two pay .per.lo.ds or
longer, he shall be entitled, for the calendar yea~...~...~hioh he returns
. -- '~.i~'
· to the City ~erv!ce~-to ~ pr0~rated.vaoatton'bas*d upon Ohs rets!
__ numbe~ of months of actual sexy!ce with the'~i~.~u~ing the s&i~_:~.~-'-'
calendar year ....... ...
(h) "Pay Pe~i~d" ___s~all mean those' pertodsz'"~'f time between
the first aBd fifteenth, both inclusive, and between ~he sixteenth and.'
~e last day of th~'month, bo~h inclusive.
:-:-' (i) Vacation leave granted mader the.provtsioms of this.
· o~dinance shall not be diminished by reason of absence fo~ intensive
military training.
(j) .Employees who become seriously ill or disabled'while
on vacatiom are entitled to take accmaulated sick leave upon presenta-
tion of'a certificate from a licensed physician, o~ presen~atlon of
'other. proof sati~f~egcry to the appointing powe~, showing the necsssity
for such sick leave. This certificate, or other proof, must be
presented to ~he head of the department affected not later than the
date on which said employee is scheduled to return to duty, together
with a reques'~ .to ~eschedule or extend' his vacation leave for the
period cove,ed by ~he doctor's certificate or other satisfactory pr.of,
"not exceedings~ ho~e,er, the combined period of vacation and sick
leave· time to which the employee is entitled.
8EC~I0~ 6.
(Sick Leave)
......... (a) Compu~ion of. Sick Leave. Every persom, except-members'.
of the 'Fire Department, as said members are defined in this SectiOn,
~fter havin8 been in. the servlce of the City continuously for one year,
shall be allowed sick leave with full pay, computed upon a basis of
· ._eno full working day allowed for each full month of .service with the
City.
(b) Ever~ymember of the Fire Department, as said members
are.defined in this Section, after hawing been in the service of
-the City continuously for one year, shall be allowed sick leave with
-full pay, 'computed upon a basis of seven working shifts.per-yea~,
each working shift to mean a period of net to exceed'two calendar
days each. ..
(c) Accumulation of Sick Leave. Sick leave, as
for in subdivisions' (a) and (b) of this Section, when not meedS' shall
be. cumulative, without limitation, for all employees ef'tb~/"C~ty.
C_um. ulative sick leave'as p~ovided in this subdivision,.,ehall commence
on the first day of October, 1959, and .shall be.in addition ts. any
sick leave -time already, accumulated by any employee as of sai&.~ate.
.- (d) PersOns.on leave of absence without pay for 1'~'~s than
two pay periods shall not suffer a loss of their accteaulated"sick
~eave. Persons off the payroll fo~ two or more successive pay periods
Shall ngt accumulate sick leave benefit during such periods ef abaeace.
(e) .The. appointing power may reqUire such p~oof of sie~eaa
-as he deems necessary, and if a doctor's certificate ia.~equired,
such certification shall.be made by a doctor approved by .~he ~i?ll.
'~e~viCe Board of the department affected. Doctor'.s fees to be paid.
by employee. '
(f) Employees shall not be entitled to pay or compensa'[t~.Y-
time 'off for holidays occurring while said employee is absent
duty on sick leave, provided, however, that when a holiday occurs
while an"empieyee'ie absent f~om duty on sick leave, .ammr_~!_i~ay
shall not be.deducted from said employee's accumulated sick leave.
(g) For .the purpose of. this Section, the ter~
of the Fire De'pa~tment" shall include all' persennel' carried' on the -..
':Fire Department payroll with the exception of clerical he!~., including
Typist, Account or Stenographer Clerks.
SECTION 7. "'
" (Leaves of Absence) ....
(a) E~ergency leaves of absence, with pay, may b.e 'g~anted
an employee by his department head, upon approval by the city Manager,
for a period o.~ tame not to exceed three working days-, for cause which
he'shall deem .good and sufficient.
(b) A leave of absence with or without pay may be'g~an.$.e~
to any department head by the City Manager for a period of time not
to extend Past the next regular meeting of'the City Council, at which
'ti~e .any additienal leave must be. approved by the City Council. Any
such leave granted by the City Manager may be with pay for a per[ed
of'time no.t to exceed three working days.
(c) Leave of absence without pay may be granted to any
employee by.his Department Head for reasons deemed sufficient to such'
Department Head. No such leave of absence shall exceed ten working
days. Leave of absence without pay for periods of' time longer than
ten working days must be approved by the City Manager. Leaves of
· absence for periods of time longer than 30 days must be approved by
the City Coun'cil.
(d) In the absence of the City Manage~, leaves of absence
may be approved by the Assistant~ t~e City Manager or by an officer
of the City duly authorized by the City Manager. ..'
(e) No leave of absence will be g~anted to allow an employee
te ace®l~t~ether empleyment'on a. trial basis. ..-.
(f) Time off to make up for overtime worked, or fer extra
service.rendered, shall not be considered as time lost nor as a leave
of absence, and may be gr'anted at t~'- dis~eretion of the appointing
p®wer or the City Manager, when.-such-~'~ve will not interfere with
the_.__efficiant Operation Of- departments affected.
~' (.g) I_~z th.e case of death within the. immediate family ®f
an emplo.y~'~..suc~h employee may, upon approval' of the Department Head,
use up to three days. ~f any accumulated sick leave,, vacation leave,
or aCcumulated 'time' off due him for overtime w®rked, te attend the
.fune~_al or 'memorial services. Additional time off may be granted
upon r6commend~tion of the Department Head subject te approval of
the City Manager'. The immediate family of an e~ployee shall consist
of-wife, husband~ mother~ father, sister, brother, sen, daugt~ter,
mother-in-law, father-in-law.
~(h) All.regular salaried employees, excluding empl,yees
paid on the basis of an hourly rate, when on jury duty, shall receive
compensation from the City equal te the difference between their
regular saIaries and the amount received for such .Jury duty. Employees
_.~"ased from jury duty before neon of any day must report for work
.... as soon as pes. sible the same day.
{i) The City ceuncil may, at its discretion, upon good Gause
shown, grant leaves of absence other than as provided for herein.
.~J) 'NOt more than ten days of accumulated sick leave may be
used in cases of pregnancy, commencing with the date of delivery,
provided,' however, that should any illness or condition arise necessi-
Sating medical care as a result of such pregnancy .or delivery, then
in that event., additional days ef such accumulated sick leave may be.
used as may' be necessary upon a written statement of a physician
certifying te said illness er condition.
.............. SECTISN 8.
(Unauthorized Leaves )
Absence of-' any officer er employee of the City, excepting
Councilmen, from his office '°r~-"_e~lOyment, except as~ authoriz~d
o~e~tse p~ovided ffo~ In this o~nance, s~ll be ~thout .pa~
- compensation; ~d. a 'deduction from the salary or wages.-of.'[~y office~ _.
o~ employee s~ll be 'made for such ~autho~iz~ ab,ence,~Whieh .~11 .."
bea~ the s~e rates $o the total salary o~ wages-'fer the month, du~Ang."
whi~-such-absence occ~s, as the t~e lost by ~eaaon of sueh.'~ce.
bears to"the total, working time in such' month.
.... SECTION 9.
(Military Leaves)
.... Applicable..State laws pertaining to military lea~a of
absence s~ll apply to the employees 'of the City of Bakersfield.
" (Holidays)
(a)' ~1 e~l'oyees of the Ci~ s~ll be entitled to ei~t. _..
holi~ys per yea~, Which Said holidays shall be selected ~d
en~e~ated by 'resolution of the Co~eil during the'month of Decembe~
preceding each calendar, yea~ for which said holidays are to be
selected. Seven of such. holidays, shall be chosen from the list: of
holidays set forth in Section 6700 of the ~ver~ent Code ef the State
-'~of Califo~ia. In the event ~y of the ei~t holidays ac selected
fall on.a S~ay, the following day a~ll be considered as a holiday
for all employees in the City so,ice.
-~j (b) City ~ployees shall be pe~itted te absent themselves
f~om thei~ duties on ~od'.'Friday fr~ 12 noon ~til 3:00 P.M., for
$~ purpose of attending ~eltgious services, without loss of pay.
(c) Except as otherwise provided in this ordinance and in
the aforementioned resolution to be passed by the Co~cil, employees
e~. ~he..Ct-ty-s~lt net .Be enti~l~ to ~y othe~ holidays whet~p.
en~erated as a holiday bY" the State _of Califo~la, o~'other govern- ·
mental agency ....
'(d) Every Saturday and Sunda2- is a holiday as respects
the transaction of business in.the municipal offices except those
offices which are-essential and other services which shall 'include
but not be limited to the fire, police and transportation departments.
(e) Emp!oyees_o~ t~e M~cellapeous Depa~tment.~...' 1. In the
event that one or more municipal holidays fall within a vacation leave,
such days shall not be charged as vacation, and the vacation le'a~e
~ha~ be extended a~cordingly~ except in the event said holiday falls
on a Saturday, when no .extended vacation leave shall be allowed.
2. In the event one er more of the above holidays falls
on a Saturday, no extra pay or compensatory time off shall be allowed
· ' except 'to employees for whom Saturday is considered a. regular working
day.
-- 3. In the event one or more of the above municipal holidays
· falls On an em~l'oyee's 'regular day off, other than Saturday, he sb~ll
be compensated, by leave of absence with pay on another day, or he shall
-recei=e an extra dayls pay at his regular rate.
(f) Employees of ~irp a~d .Pol.ic~ Dep~rtment. Vacation
leave shall not be extended in the event that one or more of the eight
municipal holidays fal~ within an employee's vacation leave.
SECTION 11.
(Transit System Empleyees)
Ail of the provisions of this ordinance, with the exception
of thOse pertaining to the Police and Fire Departments or the personnel
thereof, shall apply to the employees ef the municipal transit system.
SECTION 12.
(Repeals)
.......... 0~d~.nanCes Nos. 995, [137, 1159, 1176 and 1197, all New
Series of the City Of.Bakersfield, and all other ordinances of said
City in conflic~ herewith,-are'hereby repealed.
SECTION 1~.
(Constitutionality) ._'[
If any section, sub-section, clause or phrase of this
ordlnanco is for any reason held to be unconstitutional, such decision
shall not affect the validity off the remaining sections of this ordi-
nance. · -The Council hereby declares that it wou~d have passed this_
ordinance, and each section, sub'section, clause and phrase thereof,
irrespective of the fact tb-t any one or more other sections, sub-
sections, clauses or phrases be declared unconstitutional.
SECTION 14.
(Effective Date)
This. ordinm'~ce shall be effective thirty days from and after
the date of its passage.
..... 000 .....
-" I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the lath day of September~959, by the following
vote:
A¥~ BALFA~Z,
~9~'..-~a~l~ , CARN~KIS. COLLINS. CROE$, DOOLIN, ~IERN,
"' y er a~ '-J~ 0 'er O' ·
of
Bakersfield.
APPROVED t~s'i~t~ day o September, 1959.
10.
Affi a ! of r uan es
STATE OF CALIFORNIA, ~
County of Kern .~ ss.
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that
on ..... ~t~h~e~1~5~t~h~d~a~y~f~S~e~t~e~m~b~e~r~ ................... 19____5..9._ she posted on the Bulletin Board at
the City Hall, a fall, true and correct copy of an ordinance passed by the Councii of said City at a
meeting thereof duly held on ..... ~t~h~e~4~t~h~d~a~f~S~e~p~t~e~m~b~e~r~ ..... ,19.5_..9__., which ordinance
was numbered ...........1...2..6...1_ ................ New Series, and entitled:
AN ORDINANCE PROVIDING FOR AND REGULATING
VACATIONS, SICK LEAVE, MILITARY LEAVES AND
OTHER LEAVES OF ABSENCE FOR OFFICERS AND
EMPLOYEES OF THE CITY OF BAKERSFIELD, AND
REPEALING ORDINANCES, NOS. 995, 1137, 1159,
1176 and 1197, NEW SERIES.
SUbscribed and sworn to before me this
...l.._5._t.._h_..day of ........... _.S..e.~_..t..e...m__b...e._.r.~ .......... , 19 ..... .5__.9
.... Notary Public in and for the County ol~ Kern, State of California
'? '~' **" · . _ ~ ~y C¢,~u,,missiur, g.::pire~ 4une 9, 196!
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