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ORDINANCE NO. 782 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
MUNICIPAL CODE ARTICLE II, CHAPTER 7, PERSONNEL RULES
AND REGULATIONS, SECTIONS 2702.2, 2704.9, 2707, 2708.5,
AND. 2.708.7.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Municipal Code Article II, Chapter 7, Section 2702.2 is
hereby amended to read in full as follows:
"SECTION 2702.2. MAINTENANCE OF CLASSIFICATION PLAN.
The classification plan shall be so maintained that all positions sub-
stantially similar with respect to duties, responsibilities, authority, and
character of work are included within the same class, and that the same
schedules of compensation may be made to apply with equity under like working
conditions to all positions in the same class.
The classification plan shall be adopted by resolution of the City
Council and may be amended from time to time in accordance with the following
procedure:
A. Upon the request of a department head to create a new position or
reevaluate a current position's job classification, the Personnel Director
shall classify or reclassify each such position on the basis of the duties
and responsibilities of that position. The classification action of the
Personnel Director will become final when approved by the City Administrative
Officer.
B. An employee may request consideration of a change in the classification
of his /her position during January and February of any year. Such requests
shall be in writing, and shall set forth supporting reasons. The Personnel
Director shall make a study of the position and shall submit a written report
by May 1 to the City Administrative Officer, whose decision shall be in writing
and shall be final. The decision, including supporting data, shall be submitted
to the employee by May 15. Such decision shall be made before adoption of the
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Ordinance No, 782 (1978 Series)
City budget for the next fiscal year. Upon the adoption of such a reclassifica-
tion, the affected employee shall be placed in the new classification without
competitive examination, in the first step of the new classification whose
salary is at least 5% above that step last held in the former position. In no
case, however, shall the new step number be higher than the step number held in
the previous salary range. Reclassification shall have no effect on an employee's
anniversary date or probationary status."
SECTION 2. Municipal Code Article II, Chapter 7, Section 2704.9 is
hereby amended to read in full as follows:
"SECTION 2704.9. TRANSFER, PROMOTION, DEMOTION, TEMPORARY ASSIGNMENT
A. Transfer
Upon proper notice and concurrence by the City Administrative Officer,
an employee may be transferred by the appointing authority from one position to
another in the same pay range provided he /she possesses the minimum qualifica-
tions as determined by the Personnel Director.
If the transfer involved a change from one department to another,
both department heads must consent thereto unless the City Administrative
Officer orders the transfer for purposes of economy and efficiency.
B. Promotion
Insofar as consistent with the best interests of the City, all vacancies
in the classified service shall be filled by promotion from within the classified
service.
If, in the opinion of the Personnel Director and department head, a
vacancy could be filled better by an open- competitive examination, then arrange-
ments will be made for the preparation and certification of an open- competitive
eligible list.
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Ordinance No. 782
(1978 Series)
A temporary promotion to a higher grade may be made for 120 days or
less without competitive promotion procedures. Temporary promotions for more
than 120 days must be made under competitive promotion procedures.
When an employee is promoted, the employee shall be paid at the
first step in the salary range for the new position whose salary is at least
5% above that step last held in the former position. In no case, however,
shall the new step be higher than the fifth step in the salary range. If the
promotion is to a supervisory position, the promoted employee shall receive
not less than the next higher rate above the highest rate being paid to his /her
subordinates. If the employee returns to his /her regular position, the pay rate
will be the same as if no temporary promotion had occurred.
C. Demotion
An employee who performs his /her duties in an unsatisfactory manner
may be demoted in accordance with Section 2706 if the employee gives evidence
of the ability to perform work satisfactory in a lower classification where a
vacancy exists. A. demoted employee shall be placed in a salary step in the
new classification which is the same as or lower than the salary rate held
prior to demotion.
D. Temporary Assignment
An appointing authority may temporarily assign an employee to a
different position for a specific period of time, after which the employee
returns to his /her regular duties and position from which he /she was detailed.
Such action shall have the prior approval of the Personnel Director."
SECTION 3. Municipal Code Article II, Chapter 7, Section 2707 is
hereby amended to read in full as follows:
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Ordinance No. 782
"SECTION 2707. GRIEVANCE PROCEDURE
(1978 Series)
A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any Memoranda of
Understanding, exclusing disciplinary matters, or other matters as fall within
the scope of representation.
Each grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to accompany him /her at each step of the process. If the matter can
be resolved at that level to the satisfaction of the employee, the
grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance
in writing to the department head for consideration, stating the facts
on which it was based, including the provision of the rules, regulations,
or agreement said to be violated, and the proposed remedy. This
action must take place within 20 business days of the occurrence of
the grievance. The department head shall promptly consider the grievance
and render a decision in writing within 20 business days of receiving
the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
3. If the employee is dissatisfied with the department head's decision,
the employee may immediately submit the grievance in writing to the
Personnel Director within S business days of receiving the department
head's decision. The Personnel Director shall confer with the employee
and the department head and any other interested parties, and shall
conduct such other investigations as may be advisable.
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Ordinance No. 782
(1978 Series)
4. The results or findings of such conferences and investigations shall
be submitted to the City Administrative Officer in writing within
20 business days of receiving the employee's written request. The
City Administrative Officer will meet with the employee if the em-
ployee so desires before rendering a decision with respect to the
complaint. The City Administrative Officer's decision shall be in
writing and given the employee within 20 business days of receiving
the Personnel Director's results and findings. Such decision shall
be final unless the employee desires the City Council to review the
decision. If such is the case, the employee will have three(3)
business days following receipt of the City Administrative Officer's
decision to submit a written request to the City Council through the
City Clerk, for a review of the decision. The council shall rule on
the grievance within 30 business days of its submission to the City
Clerk. An affirmative vote of at least three (3) members of said
council is required to overrule, change, or modify the decision of
the City Administrative Officer.
S. No employee shall be subject to discipline solely for following the
grievance procedure."
SECTION 4. Municipal Code Article II, Chapter 7, Section 2708.5 is
hereby amended to read in full as follows:
"SECTION 2708.5. SICK LEAVE.
A. Definitions - Sick leave shall be defined as follows:
1. Absence from duty because of illness or off - the -job injury,
or exposure to contagious diseases as evidenced by certifi-
cation from an accepted medical authority; or
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Ordinance No. 782
(1978 Series)
2. At each employee's option, absence from duty due to the death
of a member of the employee's immediate family, meaning spouse,
child, brother, sister, parent, parent -in -law, step - parent, step-
brother, step- sister, or any other relative living in the same
household, provided such leave as defined in this section shall
not exceed five (5) working days for each incident. The employee
may be required to submit proof of relative's death before being
granted sick leave pay.
3. An employee whose memorandum of understanding incorporates a
provision for "family leave" may use sick leave not to exceed
three (3) days per year if required to be away from his /her job
to personally care for a member of the employee's immediate
family as defined elsewhere in this section.
B. Rules governing sick leave:
1. Each incumbent of a line -item position shall accrue sick leave
with pay at the rate of twelve (12) days or the shift equivalent
per year of continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of
service in which it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Administrative
Officer for the uses of sick leave in their departments.
5. A department head shall require written proof of illness from
an authorized medical authority at the employee's expense for
sick leave use in excess of five (5) consecutive working days
by personnel in his /her department. Such proof may be required
for periods of less than five (5) consecutive working days where
there exists an indication of abuse.
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Ordinance No. 782
(1978 Series)
6. Any employee who is absent because of sickness or other physical
disability shall notify his /her immediate supervisor or depart-
ment head as soon as possible but in any event during the first
day of absence. Any employee who fails to comply with this
provision without having a valid reason will be placed on leave
of absence without pay during the unexcused absence and be sub-
ject to disciplinary action in accordance with procedures estab-
lished by this chapter.
7. Any employee absent for an extended illness or other physical
disability may be required by the Personnel Director to have
an examination by the City's medical examiner at City expense
prior to reinstatement to the City service.
8. An appointing authority, subject to approval of the Personnel
Director, may require any employee to be medically examined
where reasonable cause exists to believe that an employee has
a medical condition which impairs his /her job effectiveness or
may endanger the health, safety, or welfare of the employee,
other employees, or the public. Employees who are judged to
be physically incapable of meeting normal requirements of
their positions may be placed in a classification of work for
which they are suitable when a vacancy exists, or may be
separated for physical disability.
9. In the event that an employee's sick leave benefits become
exhausted due to illness or exposure to contagious disease,
the employee shall revert to a status of leave of absence
without pay and be subject to the provisions of Section 2708.9.
10. The right to benefits under the sick leave plan shall continue
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Ordinance No. 782 (1978 Series)
only during the period that the employee is employed by the
City. This plan shall not give any employee the right to be
retained in the services of the City, or any right of claim to
sickness disability benefits after separation from the service
of the City. When an employee receives compensation under the
Worker's Compensation Act of California, such compensation
received shall be considered part of the salary to be paid to
the employee eligible for such payments as required by state law.
The amount paid by the City shall be the difference between the
amount received by the employee from the City's compensation
insurance coverage and the eligible employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee
shall be entitled to receive any payment or other compensation
from the City while absent from duty by reason of injuries or
disability received as a result of engaging in employment other
than employment by the City for monetary gain or other compensa-
tion, or by reason of engaging in business or activity for
monetary or other compensation other than business or activity
connected with his /her City employment.
12. A public safety employee shall not receive sick leave payments
while receiving Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited."
SECTION 5. Municipal Code Article II, Chapter 7, Section 2708.7 is
hereby amended to read in full as follows:
"SECTION 2708.7. VACATION LEAVE.
A. Each incumbent of a 40 hour a week line -item position shall accrue
vacation leave with pay at the rate of 12 days per year of continuous
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Ordinance No. 782
(1978 Series)
service since the benefit date for the first five years, 15 days
per year upon completion of five years, 18 days per year upon com-
pletion of ten years, and 20 days upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the
equivalent number of vacation days pro -rated to the number of
regularly.scheduled work hours.
B. An incumbent is not eligible to use accrued vacation leave until
after the completionoof the twelfth calendar month of service since
the benefit date.
C. A regular employee who leaves the City service shall receive payment
for any unused vacation leave. Probationary employees with less than
12 months of continuous service shall not be eligible for such payment.
D. Department heads shall be responsible for arranging a vacation schedule,
first with the needs of the City as the determining factor, second,
insofar as possible, with the wishes of the employee.
E. Any employee who is on approved vacation leave and becomes eligible
for sick leave as defined in Section 2708.5A may have such time
credited as sick leave under the following conditions:
1. A physician's statement certifying that illness, injury or
exposure to contagious disease has occurred is presented to
the supervisor upon returning to work.
2. The vacation leave immediately ends and the employee reports
to work following the end of sick leave usage."
SECTION.6. This ordinance, together with the ayes and noes, shall be
published once in full at least three days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in said city, and the
same shall go into effect at the expiration of thirty (30) days after its said
final passage.
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9/19/78
Ordinance No. 782
(1978 Series)
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a regular meeting thereof held on the 3rd day of October ,
1978, on.motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
Cit er Fitzpatrick
Approved as to f rm:
City Attorney
Approved as to content:
City Administrative Of cer
Z -L-4- y �L.11 —
Personnel Directo
GJ /AG:ktm -10- 9/18/78
FINALLY PASSED this 17th day of October
on motion of Councilman Jorgensen seconded by
Councilman Settle on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
J.H. zpa< CITY