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HomeMy WebLinkAboutORD NO 1927 ORDINANCE NO. 1927 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 3.18.010 THROUGH 3.18.050 AND SECTIONS 3.18.058 THROUGH 3.18.110, REPEALING SECTION 3.18.120, AMENDING SECTIONS 3.18.130 THROUGH 3.18.220 AND ADDING SECTION 3.18.230 TO CHAPTER 3.18 OF TITLE 3 OF THE MUNICIPAL CODE, REGULATING COMPENSATION AND OTHER MATTERS RELATING TO CONDITIONS OF EMPLOYMENT. BE IT ORDAINED by the Council of the City of Bakersfield as folloWs: SECTION 1. That the following sections of Chapter 3.18 of Title 3 of the Municipal Code are amended to read as hereinafter set forth: Sections 3.18.010, 3.18.020, 3.18.030, 3.18.032, 3.18.034, 3.18.035, 3.18.036, 3.18.040, 3.18.050, 3.18.058, 3.18.060, 3.18.070, 3.18.080, 3.18.090, 3.18.095, 3.18.100, 3.18.110, 3.18.130, 3.18.140, 3.18.150, 3.18.152, 3.18.154, 3.18.160, 3.18.170, 3.18.180, 3~18.190, 3.18.200, 3.18.220 and the table for Chapter 3.18 shall read as follows: CHAPTER 3.18 COMPENSATION Sections: 3.18.010 Compensation for boards or commissions. 3.18. 020 Salary plan. 3.18. 030 Basic workweek. 3.18.032 Work periods - Fire department. 3.18.034 Work periods - Sanitation division.. 3.18.035 Work periods - Transit division. 3.18.036 Stand-by - Police and fire. 3.18.040 Attendance. 3.18.050 Salary range - Pay periods. 3.18.051 Annual pay rate. 3.18.052 Monthly pay rate. 3.18.054 Bi-weekly pay rate. 3.18.055 Hourly pay rate. 3.18.056 .Firemen's twenty-four hour shift Pay rate, 3.18.058 Disbursements. 3.18.060 Salary schedule. 3.18.070 Temporary positions. 3.18.080 Temporary employment - Rate of pay. 3.18.090 Computation of salary. 3.18.095 Incentive pay. 3.18.100 Promotion. 3.18.110 Acting appointments - Rate of pay. 3.18.130 Salary adjustments. 3.18.140 Overtime. 3.18.150 Overtime compensation. ~3.18.152 Call-back - Additional compensation, except police and fire departments. 3.18.154 Stand-by - Additional compensation except police and fire departments. 3.18.160 Deduction from wages. 3.18.170 Severance pay. 3.18.180 H°lidays. 3.18.190 Annual vacation leave. 3.18.200 Sick leave. 3.18.210 Death in the family. 3.18.220 Leaves of absence. 3.18.230 Severability. 3.18.010 Compensation for boards or commissions. The members of all boards or commissions of the City of Bakersfield shall serve without compensation for their services unless otherwise provided. The members of all boards and commissions may be reimbursed for travel or other expenses incurred in the discharge of their duties upon authorization of the Council of the City of Bakersfield. 3.18.020 Salary plan. The general basis for allocating a salary range or rate of pay to a class or position is to provide "equal pay" for "equal work." This applies to the relationship between jobs of comparable cities and those in the coffee, unity, as well as to the internal relationships among city positions. (a) Administration. The City Manager shall administer the Step Salary Plan and from time to time make recommendations to the Council of the City of Bakersfield on the allocation of salary range to classes or positions. The City Council shall set the salary range for each class or position within the city service. (b) Step salary plan. The Step Salary Plan shall consist of a salary range for each class or position title as listed in Section 3.18.060 Salary Schedule. Each range shall include a bi-weekly salary with five steps of rates of pay. The five steps within a salary range shall be administered in the following way: (1) Step 1. The first step of each range is the beginning salary level and is the standard hiring rate for a class or position. (2) Step 2. Employees shall be advanced to Step 2 after six months of satisfactory service in Step 1 and after advancement is recommended by the department head and approved~by the City Manager. (3) Step 3. Employees may be advanced to Step 3 of the salary range allocated to their class or position after a minimum time of one year of satisfactory work has been spent in Step 2, and after a recommendation has been made by the department head and approved by the City Manager. (4) Step 4. - Merit. This step is reserved for employees who are considered to be fully qualified in their class and who main- tain a consistent satisfactory standard of work performance. An employee may be advanced to Step 4 after a minimum of one year's service in Step 3, upon the recommendation of the department head with the approval of the City Manager. An employee advanced to Step 4 of the pay range shall retain such status so long as job performance remains at the level required to attain this step. (5') Step 5.- Merit. This step is to be considered a further and final step for employees who attain and maintain a thoroughly satisfactory standard of work performance. An employee may be advanced to Step 5 after a minimum of one year's service 'in Step 4, upon the recommendation of the department head with the approval of the City Manager. An employee advanced to Step 5 of the pay range shall retain such status as long as job performance remains at. the level required to attain this step ....... (6) Y-Rating--Positions abolished. Employees who have had their position abolished and who are reallocated in City service in 'a different classification are considered to be Y-rated. Employees in Step Y shall continue receiving the same rate of compensation until the rate of ~compensation of their new position equals or exceeds their Y-rated salary or until the employee is appointed to a higher paying position, whichever shall occur first. The Y-rate shall not be applicable to layoffs. (c) Merit step reduction. When an employee no longer meets the standards set for a merit step, the department head shall recommend withdrawal of the merit step increase. Such reco~m,~endation shall be made upon an Employee Performance Evaluation form with a copy furnished to the employee sixty (60) calendar days prior to the effective date of proposed reduction. Re-evaluation of the withdrawal recommendation on an Employee Performance Evaluation form with a copy furnished to the employee shall be made by the depart- ment head thirty (30) calendar days prior to the effective date of action. If 'the withdrawal recommendation is maintained and approved by the City Manager, the employee shall be reduced by one merit step. Employees no longer meeting standards established may be reduced from all merit steps following the above procedure. Any employee reduced from a merit step shall again be eligible for advancement six months after effective date of reduction. (d) S_tep increases. No step increase shall be considered automatic or subject to increase by-reason of time-in-service. Ail increases shall be based upon increased service value of the employee performance .record, and must be recommended by the department head and approved by the City Manager. Withholding recommendation for advancement to Merit Ste~_ps 4 and 5 shall not be considered a disciplin- ary action. All recoLL-L.endations ~o-r~ salary step increases shall be submitted to the City Manager for approval thirty (30) calendar days before the e. ffective date. Upon submission of satisfactory evidence 4. and recommendation of the department head and the qualifications of the employee warrant, the City Manager may authorize employment to any step. In computing length of service for step advancement purposes, service begins accruing from date of appointment to the position. If an employee is absent without pay in excess of thirty (30) calendar days, such time shall not be credited for step advance- ment purposes. 3.18.030 Basic workweek. The standard workweek for probationary and permanent employees of the City of Bakersfield shall be forty hours for all classes of employment with the exception of Fire Department employees who are assigned to work 24-hour duty shifts. The department head, with the approval of the City Manager, shall establish the workday for employees. The salary schedule and the computation of all employee benefits shall be based on the standard workweek or basic work period exceptions hereinafter designated. 3.18.032 Work periods - Fire department. Probationary and permanent employees of the Fire Department assigned to firefighting shall be on duty for a twenty-four hour period from 0800 (eight a.m.) to 0800 (eight a.m.) the following day. Such Fire Department personnel shall work one hundred forty-four (144) twenty-four hour shifts per year. Ail other probationary and permanent employees of the Fire Department shall have a basic workweek of forty hours. 3.18.034 Work periods - Sanitation division. The basic work period for all probationary and permanent employees of the Public Works Department Sanitation Division shall be eighty hours over a two-week period. Employees in Sanitation Crewman I and II classes who are assigned to routes shall work on an incentive work period basis, i.e.,_if such employees complete their r~gularly scheduled work in less than eighty hours over a two-week period, such employees shall be credited for a full eighty hours worked and shall not lose holidays or other benefits because of fewer hours worked. 3.18.035 Work periods - Transit aivision. The basic work period for all probationary and permanent employees of the Transit Division in the Motor Coach Operator class shall be eighty hours over a two- week period. 3.18.036 Stand-by - Police and fire. Probationary and permanent Police and Fire Department safety employees shall be considered available for duty at all times and subject to orders in case of need. 3.18.040 Attendance. All employees shall be in attendance at their work or assigned duties at time and place prescribed by the department or division to which they are assigned. Each department shall keep attendance records on the payroll department time report as established by the Administrative Rules and Regulations. 3.18.050 Salary ranges - Pay periods. All probationary and permanent employees of the City of Bakersfield shall earn their wage based on a bi-weekly salary allocated t° their class or position. All such employees shall be paid on a bi-weekly basis. 3.18.058 Disbursements. (a) Pay dates. Pay dates for city departments or divisions shall be established by the Administrative Rules and Regulations. (b) Early release of check. Procedure for the early release of checks shall be established by the Administrative Rules and Regulations. In no event shall early payments be made for services not yet performed by the employee. 3.18.060 S.~y~_~c~le. All probationary and· permanent employment within the~city service shall be assigned a class title which shall be allocated a salary range as follows: EXECUTIVE GROUP Class Overtime Class Salary Number Compensation Title Range 910 (C) Auditorium-Recreation Manager 70 915 (C) Building Director 65 920 (C) City Attorney 76 925 (C) City Clerk 53 930 (C) City Manager 85. 935 (C) Finance Director 68 940 (C) Fire Chief 67 945 (C) Planning Director 65 950 (C) Police Chief 70 955 (C) Public Works Director 73 EXECUTIVE SUPPORT GROUP Class Overtime Class Salary Number Compensation , Title Range 802 (C) Administrative Assistant 50 804 (C) Asst. Auditorium-Recreation Mgr. 56 806 (C) Assistant City Attorney 66 808 (C) Assistant Finance Director 58 810 (C) Assistant to Finance Director 50 812 (C) Assistant Fire Chief 57 814 (C) Assistant Planning Director 54 816 (C) Assistant Recreation Director 49 818 (C) Auditorium Stage Manager 41 820 (C) Building Plan Check Engineer 54 822 (C) Data Processing Supervisor 50 824 (C) Deputy City Attorney II 62 826 (C) Deputy Fire Chief 61 828 (C) Deputy Police Chief 63 830 (C) Deputy Public Works Director 65 832 (C) Drillmaster 53 834 (C) Engineer III 55 836 (C) Engineer IV 59 838 (C) Equipment Superintendent 55 840 (C) Fire Alarm Superintendent 49 842 (C) Fire Marshal 53 844 (C) Master Mechanic 49 846 (C) ParksSuperintendent 55 848 (C) Plant Superintendent 51 850 (C) Police Captain 57 852 (C) Police Lieutenant 53 854 (C) Sanitation Superintendent 55 856 (C) Sr. Administrative Assistant 56 858 (C) Sr. Building Inspector 47 860 (C) Sr. Housing Inspector 47 862 (C) Street Engineer 55 864 (C) TranSit Superintendent 55 866 (C) Waste Water. Treatment SUperintendent 55 Ye SUPERVISORY PERSONNEL GROUP Class Overtime Class Salary Number Compensation Title Range 700 (C) Assistant Fire Marshal 49 703 (C) Asst. Sanitation Superintendent 48 706 (A) Associate Planner 47 709 (C) Building Inspector II 44 712 (A) Bldg. Maintenance Foreman 32 715 (C) Equipment Mechanic Supervisor 45 718 (C) Fire Captain 48 721 (C) Maintenance Supervisor 45 724 (C) Mechanic III 40 72 7 (C) Park Foreman 40 730 (C) ParksSupervisor 45 733 (C) Police Identification Technician 49 736 (C) Police Sergeant 49 739 (C) Radio Technician 49 742 (C) Recreation Supervisor 41 745 (C) Sanitation Route~Foreman 32 748 (C) Sanitation Route Inspector 34 751 (C) Sanitation Supervisor 40 754 (C) Senior Buyer 43 757 (C) Service Technician 40 760 (C) Sewer Maintenance Foreman 40 763 (C) Street Cleaning Foreman 34 766 (C) Street Foreman 40 769 (C) Street Maintenance Supervisor 48 772 (C) Traffic Marking Foreman 40 775 (C) Transit Garage Foreman 40 778 (A) Transit Route Foreman ,32 781 (C) Tree Foreman 37 POLICE GROUP Class OVertime Class Salary Number Compensation Title Range 105 (B) Detective I~ 44 110 (B) Detective II 46 115 (A) Police Communications Sergeant 44 120 (A) Police Lab Technician 43 125 (A) Police Patrolman 41 130 (A) Traffic Officer 43 FIRE GROUP las s Overtime C las s Salary Number Compensation Title Range 205 (A) Fire .Alarm Technician I 38 210 (A), Fire Alarm Technician II 45 215 (A) Fire Engineer 43 ~220 (A) Firefighter 39 225 (A) Fire Inspector 43 230 (C) Sr. Fire Inspector 48 MAINTENANCE UTILITY~GROUP Class Overtime Class Salary Number Compensation Title Range 303 (A) Animal Warden 29 306 (A) Building Maintenanceman I 20 309 (A) Building Maintenanceman II 25. 312 (A) Building Maintenanceman III 27 315 (A) Equipment Operator I 26 318 (A) Equipment Operator II 30 321 (A) Equipment Operator III 34 324 (A) Motor Coach Operator 27 327 (A) Motor Sweeper Operator 32 330 (A) Park Maintenanceman 26 333 (A). Poundman 23 336 (A) Poundmaster 27 339 (A) Sanitation Crewman I 26 342 (A) Sanitation Crewman II . 29 345 (A) Sewer Maintenanceman 28 348 (A) Utility Man 21 TECHNICAL TRADES GROUP Class Overtime Class Salary Number Compensation Title Range 403 (A) Automotive Serviceman I 25 406 (A) Automotive Serviceman II 27 409 (A) Electrician 38 412 (A) Jr. Traffic Signal Technician 31 415 (A) Maintenanceman I 26 418 (A) Maintenanceman II 30 421 (A) Maintenanceman III 34 424 (A) Maintenance Mechanic 34 427 (A) Mechanic I 31 430 (A) Mechanic II 37 433 (A) Parking Meter Serviceman 27 436 (A) Waste Water Treat. Plant Lab Technician & Operator 35 439 (A) Waste Water Treat. Plant Opt. I 27 442 (A) Waste Water Treat. Plant Opr. II 29 ENGINEERING~ INSPECTION PLANNING GROUP Class Overtime Class Salary Number Compensation Title Ranse 503 (A) Assistant Planner 39 506 (A) Building Inspector I 40 509 (A) Data Proc. Programmer-Console Opt. 38 512 (A) Engineer I 44 515 (A) Engineer II 50 518 (A) Engineering Aide I 28 521 (A) Engineering Aide II 34 524 (A) Engineering Draftsman 38 527 (A) Engineering Technician I 41 530 (A) Engineering Technician II 43 10. OFFICE GROUP Class Overtime Class Salary Number Compensation Title Ranse 603 (A) Accountant I 38 606 (A) Account Clerk 25 609 (A) Administrative Secretary 28 612 (A) Cashier-Receptionist 17 615 (A) City Clerk's Assistant 26 618 (A) Clerk Stenographer I 19 621 (A) Clerk Stenographer II 22 624 (A) Clerk Typist 17 627 (A) Key Punch Operator 17 630 (A) Legal Secretary 26 633 (A) Office Clerk 21 636 (A) Personnel Clerk 26 639 (A) Police Communications Operator 20 642 (A) Receptionist 17 645 (A) Secretary 26 648 (A) Sr. Office Clerk 24 651 (A) Storeskeeper 29 654 (A) Tax & License Auditor 31 11. 3.18.070 Temporary positions. The following rates shall apply to temporary positions with the City of Bakersfield. Class Number Name of.Position Rate 002 Co~,unity Recreation Leader 3.50 per hour 004 District Recreation Supervisor 3.10 per hour 006 Special Activity Leader 2.90 per hour 008 Recreation Leader I 2.85 per hour 010 Recreation Leader II 2.45 per hour 012 Recreation Leader III 2.10 per hour 014 Jr. Recreation Assistant 1.60 per hour 016 Swimming Pool ManagEr 3.00 per hour 018 Asst. Swimming Pool Manager 2.45 per hour 020 Lifeguard 2.10 per hour 022 Cashier 1.60 per hour 024 Official I 6.00 per game 026 Official II 4.00 per game 028 Clerical Aide 2.10 per hour 030 Scorer 3.00 per game 032 Ticket Seller 2.30 per hour 034 School Crossing Guard 2.05 per hour 036 Janitor 2.10 per hour 038 Student Motor Coach Operator 2.50 per hour 040 Police Cadet~ 2.00 per hour 042 Maintenanceman 2.75perhour 12. 3.18.080 ~Temporary employment - Rate of pay. Temporary employees shall be compensated for the actual time worked at the hourly or game rate of pay designated in Section 3.18.070 Temporary Positions, or when not so designated, at the regular hourly rate of pay allocated to the class or position so assigned. Temporary work performed by any person shall not entitle the person to any vacation credit, sick leave or other employee benefits. No temporary employee shall attain civil service status because of the employment. ~3.18.090 Computation of salary. Ail probationary and permanent employees of the City of Bakersfield shall earn their wages based on the bi-weekly salary allocated to their class or position as set forth in Section 3.18.060 Salary Schedule. The hourly rate of pay for all such employees except as hereinafter designated shall be computed by dividing the bi-weekly salary allocated to the employee's class or position by eighty hours. Hourly rates shall be computed to three decimal, places. A shift rate of pay for probationary and permanent Fire Depart- ment employee, s who are required to work a 24-hour duty shift shall be computed by dividing the bi-weekly salary allocated to the employee's class or position by five and five thousand one hundred and seventy-five ten thOusandths (5.5175) shifts. The rate shall be carried to three decimal places and rounded off to yield a full bi-weekly salary. 3.18.095 Incentive pay. An additional five per cent (5.0%) in ·salary shall be granted to all police safety employees possessing either an Intermediate or Advanced certificate or both, issued by the Police Officers Standards and Training Commission (P.O.S.T.). 3.28.100 Promotion. Employees promoted from one class-or Position to another having a higher salary range shall be adjusted to the lowest step in the salary range of the new class or position 13. which is at least five per cent higher than the rate received in the employee's former class or position except that adjustment cannot be greater than Step 5. 3.18.110 Acting appointments, temporary assignments~ and rates of pay. (a) Actin8 appointments of permanent employees. Department heads, with the approval of the City Manager, may assign the duties and responsibilities of a vacant position to a permanent employee for a temporary period of time. Such compensation shall be within the salary range of the'class so assigned. (b) Temporary assignments. Permanent'employees may be assigned to perform the duties of a higher class provided such assignment is made in accordance with a Temporary Assignment policy previously approved by the City Council. Such assignment shall~result in not more than a five per cent (5%)salary increase. 3.18. 130 Salary adjustments, (a) Effective date. ~Step salary increases shall take effect ium~ediately following qualification of such advancement. (b) Increment date. Increment dates for permanent employees of the City of Bakersfield shall be the last date of a step salary increase, except as designated in the Administrative Rules and Regulations~ When a class or position is allocated a new salary range, employees holding such class or position shall have their existing salary adjusted to the same step within the new salary range, and such adjustment shall not alter the increment date of the employee.. 3.18.140 Overtime. - (a) Policy. In case of emergency, or whenever the public interest requires, employees may be requested to perform overtime work. The performance of overtime work by employees within the 14. municipal service shall be kept to a minimum and authorized only when necessary for the efficient operation of the departments and activities of the City of Bakersfield. Overtime may only be authorized by the ~department ~ead or City Manager. (b) Overtime not applicable. Probationary and permanent employees whose positions are. designated by the letter (C) preceding each class title of Section 3.18.060 Salary Schedule shall not be eligible for overtime compensation. Such employees are compensated on the basis of job responsibilities and the characteristics of the work performed. Additional time required to perform this work shall not be considered overtime. However, in the event department opera- tions require extra work assignments of an employee so designated, the ~department head may recommend payment for additional hours worked at the regular straight time rate, or equivalent compensatory time off with pay. Ail extra work asSignments must be approved by the City Manager or be in accordance with department policy as approved by the Administrative Rules and Regulations. Temporary employees shall not be eligible for overtime compensa- tion. Such employees shall be compensated for all work performed at their established, regular hourly rate of pay.' (c) Overtime accumulation. Overtime may be accumulated as compensatory time up to, but not exceeding, a credit of forty (40) hours at any one time. All overtime worked beyond forty (40) hours shall be paid in accordance with the Administrative Rules and Regulations. Any accumulation of more than f~rty (40) hours shall require prior approval of the City Manager. (d) Overtime accumulation - Fire department. Eligible employees of the Fire-Department assigned to a 24-hour duty shift may accumulate compensatory time up to, but not exceeding, a credit of seven (7) 24-hour duty shifts at any one time. Ail other eligible 15. employees of the Fire Department may accumulate compensatory time up to, but not exceeding, a credit of forty (40) hours at any one time. Accumulation of more than the specified maximum shall require prior approval of the City Manager. (e) Overtime ~accumulation,Promotion. Eligible employees receiving a promotion to a class or position with a higher designated salary range shall first be compensated with time off or equivalent pay for all authorized overtime accumulated, except as designated in the Administrative Rules and Regulations. (f) Overtime records. An accurate record of all authorized overtime shall be kept to the nearest one-tenth of an hour (six minutes). (g) Overtime records - Fire department. Authorized overtime for eligible employees of the Fire Department assigned to a 24-hour duty shift shall be kept to the nearest decimal fraction of a 24- hour duty shift carried to three decimal places. Overtime records for all other eligible employees of the Fire Department shall be kept in accordance with Section 3.18.140 (f). 3.18.150 Overtime Compensation. (a) Eligibility. All probationary and permanent employees of the City of Bakersfield designated by the letter (A) preceding each class title of Section 3.18.060 Salary Schedule shall be eligible for payment of authorized overtime worked or equivalent compensatory time off as herein provided. Ail probationary and permanent employees of the City of Bakersfield designated by the letter (B) preceding each class title of Section 3118.060 sJiary Schedule may be eligible for payment of authorized overtime worked as de~ermined by the' department head in accordance with the Administrative Rules and Regulations. 16. (b) Compensatory time. Eligible employees who work authorized overtime shall be compensated with a credit of compensatory time off at one and one-half times the hours of overtime workcd~-:or equivalent pay. Such compensatory time shall be taken off as determined by the department head. (c) Overtime pay. When the department head determines it is in the best interest for the operation of his department and the City of Bakersfield, he may authorize payment for one and one-half times the hours of authorized overtime worked. (d) Voluntary overtime.. Eligible employees may volunteer for authorized overtime work on a nonemergency basis. In such cases employees shall be compensated with a credit of equal time off for each hour of such voluntary overtime worked, or equivalent pay. Such compensatory time shall be taken off as determined by the department head. (e) Overtime - Call-back firefi8hting. Eligible employees of the Fire Department called back to fight a fire shall be compen- sated for overtime worked in accordance with the Administrative Rules and Regulations. (f) Overtime compensation -.Pay period basis. When overtime' pay is authorized eligible empl.gyees shall be compensated for overtime work performed on a pay-period basis. Pay for overtime worked shall be designated on the employee's statement of earnings accompanying the employee's pay check (check stub). (g) Overtime compensation - Termination. Any employee who has authorized overtime accumulated at the time of his termination from service with the City of Bakersfield shall receive cash compen- §~i6n fOr the overtime calculated-upon his rate of pay at the time of termination. 17. 3.18.152 Call-back - Additional compensation, except police and fire departments. (a) Minimum time. An employee who is directed to return to work to perform additional services after completion of his regular work period shall be authorized a minimum of two hours work. (b) Credit. Any call-back during which the employee performs two or more hours of work shall entitle him to an authorized credit for the number of hours actually worked computed to the nearest one-tenth of an hour (six minutes). (c) Prior to work period. Any call-back which occurs prior to and which continues through the beginning of the~employee's regular work period shall not entitle the employee to the two-hour minimum. The call-back shall entitle the employee to an authorized credit of the number of hours actually worked cOmputed to the near- est one-tenth of an hour (six minutes). (d) Maximum time. Call-back time may not exceed .eight hours in any eight-hour shift. 3.18.154 Stand-by - Additional compensation~ except police and fire departments. An employee who is directed to remain on call at his home on his normal day off, shall be compensated at the rate of three dollars per eight-hour shift of such stand-by service at home. An employee actually called back to work during such assignment shall be paid the greater of the stand-by rate or his hourly rate for one and one-half times the hours worked computed to the nearest one-tenth of an hour (six minutes). Ail stand-by assignments must be authorized by the department head concerned. 3.18.160 Deduction from wages. .... (a) Shares and savings in credit union, U.S.'savings bonds, · - dues in employee organization~ and for donations. Employees may authorize deductions to be made from their salaries or wages for 18. shares and savings in the Bakersfield City Employees Federal Credit Union, United States Savings Bonds, for dues in any employee organi- Zation, recognized by the City Council, of which they are a member, and for contributions to Aid United Givers or United Fund of Kern County, Inc. (b) Written authorization - Filing. Any employee desiring to authorize deductions from his or her salary or wages for the purpose stated above, shall file a written authorization with the Finance Director. Authorization for deductions from salaries or wages for dues in employee organizations shall be filed annually. Such authorization shall state the effective date and the amount which is authorized to be deducted each pay period from the salary or wages of the employee. Such written authorization shall be filed with the Finance Director not later than five days prior to the expiration of the pay period from which the first deduction so authorized is to be made. (c) Duties of the Finance Director. The Finance Director is hereby authorized and directed to recognize and act upon authoriza- tion for salary and wage deductions filed as herein provided. He shall execute checks in the total amounts of such deductions for the preceding pay period payable to the organization for whose benefit deductions have been made from salaries and wages of employees. (d) R~ocation of authorization. Any employee of the City who authorizes any deductions from his salary or wages as aforesaid, may revoke said authorization at any time. Such revocation shall be in writing, filed with the Finance Director. No such revocation shall affect any deductions which the Finance Director has made in the salary or wages due, or payable to an employee so revoking for. a pay period which has expired prior to the filing of such revocation. (e) Forms for authorization and revocation. For the purpose 19. of facilitating the operation of this chapter, the Finance Director is hereby authorized to prescribe forms to be used in filing authori- zations to make the deduction herein provided for, and in revoking authorizations previously filed. (f) Provisions of chapter not compulsory. Nothing in this 6hapter shall be construed to require or compel any employee of the City of Bakersfield to authorize any deduction to be made in his salary or wages or require the Finance Director to make an early payment of deductions. 3.18.170 Severance pay. Whenever any permanent employee who has not reached minimum retirement.age shall cease to be employed by the City by reason of the elimination of a department or of a position, the employee shall be entitled to severance pay to be computed as follows: (a) One (1) to five (5) years. Employees who have been employed by the City for one to five years shall be paid an amount equivalent to their last full bi-weekly salary. (b) More than five (5) years. Employees who have been employed by the City for more than five years shall, in addition to the compensation stated in subdivision (a), receive an amount equivalent to ten per cent of their-last full bi-weekly salary for each year of service or major portion (six months or more) thereof in excess of five years. 3.18.180 Holidays. (a) City Manager to designate eight holidays. Each June, the City Manager, after consultation with each certified employee association or labor organization, shall submit to the City Council for approval, a list of eight (8), eight (8)-hour holidays to be observed during the coming fiscal year~By.eligible city employees in the manner herein provided. 20. (b) Half-day holidays. In addition to the eight (8) estab- lished holiday's~?Oh-e-half day holidays .(four (4) hours) shall be observed as holidays by eligible city employees normally in the afternoon on Good Friday, Christmas Eve (December 24), and New Year's Eve (December 31), except Police and Fire safety employees, pro- vided that no such one-half day holiday shall be granted when Christmas and New Year's Days fall on a Sunday or Monday. (c) Special holidays. Occasional special holidays declared by the President, Governor, or City Council, in commemoration or memorium of an extraordinary occurrence, shall be observed by the reduction of the operation of all departments as much as practicable. All eligible employees who are required to work on.such a holiday shall be compensated at their regular hourly rate of pay for those special holidays worked, and in addition be credited with compensa-~ t~ry time on a straight hour-for-hour basis for the special holiday hours worked to be taken off on another day as determined by the department head. Compensatory time for Fire Department safety employees working a 24-hour duty shift on such a holiday shall be one-half of a shift (twelve (12) hours). (d) Eligibility~ Ail probationary and permanent employees of the City of Bakersfield, except those employees who are absent without pay one-half day or more immediately before and/or after the holiday, shall be eligible to observe designated holidays in the manner herein provided. (e) Holiday observance. All eligible employees shall observe designated holidays off with pay, except as herein provided. (f) Sunday holiday. In the event a designated holiday falls on a Sunday, the following Monday Shall be observed as the holiday. (g) Holiday work. When an employee is required to work on a City-obse~zed holiday, the eligible employee shall be credited for the holiday once at the straight-time rate (eight (8) hours 21. for a full-day holiday, four (4) hours for a one-half day holiday) and shall be credited once again for the actual time worked as over- time at the employee's applicable overtime rate. (h) Holidays on day off. When a City-observed holiday falls on an employee's scheduled day off, the eligible employee shall be credited for the holiday as overtime at the straight-time rate (eight (8) hours for a full-day holiday, four (4) hours for a one- half day holiday). -~ (i) Holiday work-Police and ~ire departments. ~1). Police department employees. Eligible Police Department employees who are required to work on a shift basis and whose schedule does not allow observance of holidays shall be paid at their regular hourly rate of pay for the eight (8), eight (8)- hour designated holidays of the current fiscal year. The holiday credit shall accrue as each of the eight (8) holidays occur. One payment for all such holidays not observed shall be made on the first payday in June of each year. Ail other eligible Police Department employees who do not work on a shift baSis shall observe holidays in 'accordance with Section 3.18.180 (e). (2) Fire department employees. Eligible Fire Depart- ment employees who are required to work on a 24-hour duty shift basis and whose schedule does not allow observance of holidays shall be granted compensatOry time off in lieu of designated holidays at the rate of four (4) 24-hour duty shifts during each year. Such time off shall accrue as the holidays occur and shall be scheduled by and for the convenience of the Fire Department. Ail other eligible Fire Department employees who do not work on a 24-hour duty shift basis shall observe holidays in accordance with Section 3.18.180 (e). (j) Holidays at termination. An employee leaving permanent city service shall be allowed regular compensation for holidays not 22. observed up to the effective date of termination. 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 relaxation. It is normally expected that the employee will take a reasonable length vacation at least once each year. (a) Eligibility. Permanent employees shall earn annual vacation leave for continuous service performed for each calendar year or appropriate fraction thereof. (b) Accrual: (1) Ail eligible employees of the miscellaneous departments shall earn amd take vacation leave on the basis of working days. Accrual of vacation leave shall be at the following rates: A. First four years: .385 of a working day bi-weekly to yield 10 working days annually. B. Five through nineteen years: .577 of a working day bi-weekly to yield 15 working days annually. C. Twenty years or more: .770 of a working day bi-weekly to yield 20 working days annually. (2) Ail eligible employees of the police Department shall earn and take vacation leave on the basis of calendar days. Accrual of vacation leave shall be at the following rates: A. First four years: .577 of a calendar day bi-weekly to yield 15 calendar days annually. B. Five through nineteen years: .808 of a calendar day bi-weekly to yield 21 calendar days annually. C. Twenty years or more: 1.077 calendar days bi-weekly to yield 28 calendar days annually. (3) Fire Department safety employees who are required to work on 24-hour duty shiftsshall accrue vacation leave at the following rates: A. First four years: .231 of a 24-hour duty Shift bi- weekly to yield six 24-'hour duty shifts annually. 23. B. Five through nineteen years: .347 of a 24-hour duty shift bi-weekly to yield nine 24-hour duty shifts annually. C. Twenty years or more: .462 of a 24-hour duty shift bi-weekly to yield twelve 24-hour duty shifts amnually. Ail other Fire Department ~employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments. (c) Computing vacations. Vacations shall be computed by multiplying the number of bi-weekly pay periods, or fraction thereof, times the appropriate bi-weekly rate. (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 ~ 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 employee 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 satisfactory reasons, he may defer his accrued vacation to the succeeding calendar 24. 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 recomm~ndation of the depart- ment head with approval of the City Manager. Each day of vacation accrued on a calendar day basis shall, for paying purposes, be converted to working days by multiplying the calendar days by seven hundred and fifteen thousandths (.715). 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 municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave may be extended accordingly, except for Police and Fire Department employees whose schedule does not allow regular observance of holidays. (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 nonuse. In the event an employee fails to use his annual vacation leave and deferral is not requested by.the employee and reco~LmLended 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. 25. (1) Vacation at termination. An employee shall be allowed his regular compensation at his final rate of pay for any vacation 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 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 hourly rate of pay. (n) Fractional balances. Unused balances of less than one full day or one full 24-hour duty shift shall automatically be carried for- ward to the next calendar year. 3.18. 200 Sick leave. (a) Policy. Sick leave shall not be considered as a right which an employee may use at his discretion, but shall be allowed only in case of mecessity and actual sickness or disability. Medical and dental appointments qualify for sick leave. Sick leave shall be allowed in case the employee's spouse or minor children are ill or injured and in need of medical attention, provided that they reside with the employee and no one else is readily available to care for them. (b) Proof of illness. In order to receive compensation while absent', on sick leave, the employee shall notify his immediate supervisor prior to the beginning of his daily duties as soon as possible. The employee may be required to be examined by the City Physician, a registered nurse employed by the City, or file a physician's certificate stating the cause of absence upon request of the department head. Refusal to comply as herein required shall constitute sufficient cause for waiver of sick leave, suspension, demotion, or dismissal of the employee from city service. 26. (c) Eligibility. Probationary. and permanent employees shall be eligible to accrue sick leave. (d) Computation of sick leave. Ail eligible employees, except Fire Department employees assigned on a 24-hour duty shift basis, after having been in the service of the City continuously for six months, shall be allowed to take sick leave off with full pay, computed upon a basis of .462 of a working day for each bi- weekly period of service with the City to yield twelve (12) working days annually. (e) Computation of sick leave fire department 24-hour duty shift. Fire Department employees assigned on a 24-hour duty shift basis, after having been in the service of the City continuously for six months, shall be allowed sick leave with full pay, computed upon a basis of .270 of a 24-hour duty shift for each bi-weekly period of service with the City to yield seven 24-hour duty shifts annually. (f) Sick leave not earned - Holidays. No sick leave shall be earned during leaves of absence without pay. When a holiday occurs while an employee is absent from duty on sick leave, the holiday shall not be deducted from the employee's accumulated sick leave. (g) Accumulation of.sick leave. Sick leave may be accumulated without limit. (h) Depletion of sick leave. Upon depletion of accumulated sick leave, an employee will be deemed to be on medical leave of absence without pay~ The department head may recommend and the City Manager approve, medical leave of absence without pay not to exceed thirty calendar days. Any medical leave of absence without pay beyond thirty calendar days must be approved by the City Council. If further leave is not granted, the employee's service with the City shall be considered terminated. 27. 3.18.210 Death in the family. In case of death within the immediate family of an employee, the employee may, upon approval of the department head, use up to three days of any accumulated sick leave, vacation leave or compensatory time off due him for overtime worked, to attend the funeral or memorial services. Additional time off for travel may be granted upon recommendation of the department head and approval of the City Manager. The immediate family shall consist of spouse, parents, grandparents, brothers, sisters, children, grandchildren, mother-in-law and father-in-law. 3.18.220 Leaves of absence. (a) Leave of absence without pay. Leaves of absence without pay, up to a period of thirty (30) calendar days, may be granted to an employee upon the recommendation of the department head with the approval of the City Manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for periods of time longer than thirty (30) calen- dar days must be approved by the City Council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday, or sick leave benefits during such leave. (b) Unauthorized leave of absence. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence for more than two (2) consecutive working days shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circumstances beyond his control. 28. (c) Military leave of absence. Military leave shall be granted in accordance with the provisions of State and Federal laws. Ail employees entitled to military leave shall give the department con- cerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. (d) Leaves of absence with pay-Desisnated personnel. Employees designated by the letters (B) and (C) preceding each class title of Section 3.18.060 ~Salary Schedule may be granted administrative leave of absence with pay by the department head with the approval of the City Manager. Such leave granted at any one time shall not exceed five (5) working days for employees designated by the letter (B), and three (3) working days for employees designated by the letter (C) preceding each class title of Section 3.18.060 Salary Schedule. Extended leave beyond the number of working days specified must be approved by the City Council. (e) Jury duty - Leave of absence. Employees required to report for jury duty on a scheduled workday shall be granted a leave of absence from their assigned duties until released by the court. When on jury duty, such employees shall receive compensation from the City equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from~jury duty must report for work as soon as possible the same day. (f) _Maternity & Leave of absence. Up to ten days accumulated sick leave may be used in cases of pregnancy,.~ommencing with the date of admittance to the hospital, provided, however, that should~ any illness or condition a~is~ n~sita~in~ m~di~al care as a result of such pregnancy or delivery, then in that event, additip~al days of such accumulated sick leave may be used as may be necessary upon a written statement of a physician certifying to said illness or condition. 29. (g) Community service - Leave of absence. Leave of absence with pay, not to exceed one (1) full working day, may be granted an employee upon the recommendation of the department head and the approval of the City Manager if such leave is determined to provide a co~unity service and is in the best interests of the City. (h) Discretion of the City coUncil. The City Council may, at its discretion, upon good cause shown, grant leaves of absence other than as provided for herein. SECTION 2. That Section 3.18.120 of Chapter 3.18 of Title 3 of the Municipal Code is hereby repealed. SECTION 3. That Section 3.18.230 is hereby added to Chapter 3.18 of Title 3 of the Municipal Code to read as follows: 3.18.230 Severability. If any section, subsection, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decision, shall not affect the validity of the remaining sections of this chapter. The Council hereby declares that it would have passed this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases be declared unconstitutional or invalid. SECTION 4. This Ordinance shall become effective thirty (30) days from and after the date of its passage. -o0o- 30. 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 19th day of April, 1971, by the follow- ing vote: AYES: COUNCILMEN BLEECKER, HEISEY, RE?cS, RUCKER, STIERN, VE'I'TER, WI..IITI'EMOI~ NOES: COUNCILMEN: '~ ~.~,,~_~,.~ ABSENT COUNCILMEN: ' ' ~'~M~"~'~,~. ~ ABSTAINING COUNCILMEN: '~. ~ __ CITY CLERK and Mx~-Offihio Clerk of the Council of the C.ity of Bakersfield of April, 1971 AP~..~. h~ th M~,'~YOR.0~J_Ih~ ~c.~ ~f Bakersfield APPROVED: Affi av ! of ost ng r nan es STATE OF CALIFORNIA, ~ ss. 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...' ............. ..A...p..r._~..l....2~..0. ................................................ ,19..7_.]:.. she posted on the Bulletin Bo~rrd 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 .............. .~.~..r..~..1._..1..~ ................................ 19..~..~., which ordinance was numbered ...........1...9..2...7. .................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 3.18.010 THROUGH 3.18.050 AND SECTIONS 3.18.058 THROUGH 3.18.110, REPEALING SECTION'3.18.120, AMENDING SECTIONS 3.18.130 THROUGH 3.18.220 AND ADDING SECTION 3.18.230 TO CHAPTER 3.18 OF TITLE 3 OF THE MUNICIPAL CODE, REGULATING COMPENSATION AND OTHER MATTERS RELATING TO CONDITIONS OF EMPLOYMENT. Subscribed and sworn to before me this I J~'~'~ NOTARY FUBLIC - CALII:f:i~N,/S · J ~~ PRINCIPAL OFFICE ,N J~ KERN COUNTY J MY COMMI~ION EXPIRES JUNE 9, 197~