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HomeMy WebLinkAboutORD NO 1883 ORDINANCE N0.'1883 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 employee~ 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. (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 mmde 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 and 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 therefor 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: 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 normally 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. 3. B. Five through nineteen years: Nine 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 the number of months, to the nearest full month, times the appropriate rate. 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 December 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 saris- 'factory reasons, he may defer his accrued vacation to the succeeding calendar year with prior approval of the department head and City 4. 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...~r vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to his 5. estate within thirty days. This proration will be computed at his last regular rate of compensation. (n) Fractional balances. Fractional balances of less than one full working day or 24-hour duty shift are automatically carried forward to the next calendar year. SECTION 3. This Ordinance shall become effective 30 days from and after its date of adoption. o0o--. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Ba~mrsfield at a regular meeting thereof held on the 31st day of August , 1970, by the following vote: AYES: COUNCILMEN BL'EE6K. C-.R, HEISEY, REE$, RUCKER, STIERN, VETTER, WHITTEMORE ABSTAINING COUNCILMEN: , >~,~ ~ CT'i'~f CLERK ~cl. E×~Offi'cio Clerk of the Council of the City of Bakersfield. APPROVED thisl afl August , 1970. ~_'- .. . . APPROVED: Affidavit of I/osting (/)rllinan es STATE O1~ CALIFORNIA, ~ County of Kern ~ ss. MA_RI~ S. IR~rIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that ~n.-.t...h..e..~...1..S...t......d...a.y..*..~..~-~..S..e.~..t...e..~m...b..e...r..* .................. 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....Lh.~...~.~....cllLY.....~.;L.A.llgil~.~ ..... , 19..~.0., which ordinance was' numbered .............. .1...8..8...3. ................. 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. CITY' CLERK Subscribed and sworn to before me this ....1..s...t.....da f S ep. t ~m ,1970 ]I-~~DON~I'D F~ $'1'~A~i~