HomeMy WebLinkAboutORD NO 1865 ORDINANCE NO. 1865 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING PROVISIONS FOR HOLIDAYS
AND ANNUAL VACATION LEAVE CONTAINED IN THE
MUNICIPAL CODE.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield that,
SECTION 1.
Section 3.18.180 of the Municipal Code shall be amended
to read as follows:
3.18. 180 Holidays.
(a) Ail city employees shall observe a total of eight
paid holidays in the manner hereinafter designated. Each June,
the City Manager shall submit a list of those eight holidays for
the coming fiscal year selected for approval by the City Council.
(b) In addition to the eight established holidays, one-
half day in the afternoon on Good Friday, Christmas Eve (December
24), and New Years Eve (December 31), shall be observed as holidays
by employees, except police and fire personnel; provided that no such
one-half day shall be granted when Christmas and New Years' Days fall
on a Sunday or Monday.
(c) In the event the holiday designated falls on Sunday,
the following Monday shall be observed as the holiday.
(d) Miscellaneous employees required to work on holidays
may be compensated with compensatory time off or equivalent pay.
(e) In the event that a holiday falls on a miscellaneous
employees day off, he shall be compensated by leave of absence with
pay on another day, or he shall receive equivalent pay as determined
by the department head. b
(f) Police personnel who are required to work on a shift
basis and whose schedule does not allow observance of holidays shall
be paid at their regular rate of pay for the eight basic holidays of
the current fiscal year. One payment for all such holidays not
observed during the prior twelve months shall be made the 1st pay
period of June of each year. Ail other police personnel who do not
work on a shift basis shall observe holidays in the same manner as
miscellaneous employees.
(g) Fire personnel who are required to be on duty for
twenty-four hour periods and whose schedule does not allow observance
of holidays shall be granted time off, in lieu of all holidays, to
the extent of; four, 24 hour work shifts during each year. Such time
off shall accrue at a prorated basis to the nearest month amd shall
be scheduled 'by and for the convenience of the Fire Department. Ail
other fire personnel who do not work on a shift basis shall observe
holidays in the same manner as miscellaneous employees.
(h) Ail employees except temporary or part-time shall be
eligible for holidays, compensatory time off, or payment therefore'.
as~ herein provided.
(i) An employee leaving permanent city service shall be
allowed regular compensation for holidays due him up to the effective
date of termination.
(j) Occasional special holidays declared by the President,
Governor, or City Council in commemoration or in memorium of an
extraordinary occurrence will be observed by the reduction of the
operation of all departments, as much as practicable. Any employee
who is required to work on such a holiday shall receive compensatory
time off at 'the convenience of his department head. Compensatory time
off for firemen working a 24 hour shift shall be 12 hours.
SECTION 2.
Section 3.18.190 of the Municipal Code shall be amended to
read as follows:
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3.18. 190 Annual Vacation Leave.
Vacations are provided for all permanent employees and
are designed to give the employee an opportunity for rest and re-
laxation. It is nor~,~ally expected that the employee will take a
reasonable length vacation at least once each year.
(a) Eligibility. Permanent, full-time employees shall
earn annual vacation leave for continuous service performed for each
calendar year or appropriate fraction thereof.
(b) Accrual: (1) All departments (except police and
fire) shall earn and take vacation on the basis of working days.
Accrual of vacation leave shall be at the following rate:
A. First four years: Five-sixths (5/6) of a working
day per month.
B. Five through nineteen years: One and one-fourth
working days per month.
C. Twenty years or more: One and two-thirds working
days per month.
(2) Police shall earn and take vacation on the basis of calendar
days. Accrual of vacation leave shall be at the following rates:
A. First four years: One and one~fourth.-calendar":days
per month.
B. Five through nineteen years: One and three-fourths
calendar days per month.
C. Twenty years or more: Two and one-third calendar
days per month.
(3) Fire personnel who are required to work on 24 hour
duty shifts. Accrual of such vacation shall be at the following
rates~ Ail other fire personnel who do not work on a 'shift basis
shall earn vacation days in the same manner as miscellaneous employees.
A. First four years: Six 24 hour duty shifts per year.
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B. Five through nineteen years: ~g~ 24 hour duty
shifts per year.
C. Twenty years or more: Twelve 24 hour duty shifts
per year.
(c) Computing vacations. Vacations shall be computed by
multiplying tl~e number of months, to the nearest full month, times
the appropriate rate. Vacation leave computed in this manner shall
be rounded off to the nearest full day. Any vacation leave earned in
a calendar year may not be taken until the next succeeding calendar
year.
(d) Absence without pay. For the purpose of computing
vacation leave, an employee who is on a leave of absence without pay
shall not earn vacation during the absence.
(e) Credited. Vacation shall be credited to the employee
on January 1 of the calendar year following the year in which the
vacation is accrued.
(f) Use of vacation. No employee shall be entitled to
his vacation leave unless he has completed six months of continuous
employment. Vacation leave must be taken between January 1 and Decem-
ber 31 of the calendar year following the year in which the vacation
was earned. Ail accrued vacation must be taken at one time unless
under special circumstances or for the convenience of the city, a
lesser period is approved by the department head and the City Manager.
(g) Determination of vacation. The time at which an em-
ployee may use his vacation leave shall be at the convenience of the
city. Wishes of the employee shall be taken into consideration when
possible.
(h) Deferral of vacation. In the event an employee is
unable to complete his vacation in the prescribed period for satis-
factory reasons, he may defer his accrued vacation to the succeeding
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calendar year with prior approval of the department head and City
Manager. When, at the convenience of the city, an employee is unable
to take or complete his vacation leave, compensation in an amount
equivalent to his regular salary may be paid upon recommendation of
the department head with approval of the City Manager. No employee
shall be required to defer his vacation to a succeeding calendar
year or remain at work during a vacation period without his consent.
(i) Holidays on vacation. In the event one or more muni-
cipal holidays fall within an annual vacation leave, such holidays
shall not be charged as vacation leave, and the vacation leave may be
extended accordingly.
(j) Sick leave during vacation period. Employees who
become seriously ill or disabled while on vacation are entitled to
take accumulated sick leave upon presentation of a certificate from
a licensed physician, or presentation of other proof satisfactory to
the department head, showing the necessity for the sick leave. This
certificate or other proof must be presented to the department head
concerned not later than the date on which the employee is scheduled
to return to duty, together with a request to reschedule or extend
his vacation leave for the period covered by the illness.
(k) Loss for non-use. In the event an employee fails to
use his annual vacation leave and deferral is not recommended by the
department head nor approved by the City Manager, the vacation leave
shall be considered lost and no other compensation as recognition of
the lost vacation will be made.
(1) Vacation at termination. An employee having permanent
city service shall be allowed his regular compensation for any vaca-
tion due on the effective date of termination.
(m) Vacation benefits for deceased employees. An employee
who is eligible for vacation leave and who dies while in the municipal
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service shall have the amount of any accrued vacation paid to his
estate within thirty days. This proration will be computed at his
last regular rate of compensation.
SECTION 3.
This Ordinance shall become effective 30 days from and
after its date of adoption and shall take retroactive effect as of
July 1, 1970.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a re§ular
meeting thereof held on the 15th day of June _, 1970,
by the followin§ vote:
· AYES~ COUNCILMEN B~J~-~-,~, HEISEY, REES, RUCKER, SI'IERN, VETTER, WHI'n'EMORE
NOFS~ COUNCILMEN.' "~'"~ ~
ABSENT COUNCILMEN: ' ' .~'~.~,..~....~
ABSTAINING COUNCILMEN: ~"~ ~
Council of the City of Bakersfield
APPRO~ d% _~~ne ,1970
MA~/~f/t~fe ~ity of Bakersfield
APPROVED:
CITY ATTORNEY
ffh ani! (Drl itiati s
STATE OF C,~?.IPORNIA,~ · County of Kern
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 ................... ..J..u_.n...e....l~..6. ................................................ ,19..7...0... she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........... ..J..u_.n...e.....1..5.. .................................... , 19...7..Q., which ordinance
was n-inhered ........1....8...6..5.. ...................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING PROVISIONS FOR HOLIDAYS
AND ANNUAL VACATION LEAVE CONTAINED IN THE
MUNICIPAL CODE.
Subscribed and sworn to before me this
...1..7...t.~t!...day ~ ............. .~..~.n...e. ...................... ,19..Z.Q..
otary Public in and for the County o~ Kern, State of California
11 ~ ~,.-' :~ cou~r,~ I1)
II. MY COMMISSION EXPIRES OCTOBER 29. 197a I~