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~