Carmel-by-the-Sea Municipal Code Art. XI Salaries, Benefits, and Leaves

The purpose of the salary plan is to provide a fair and equitable system for reimbursement to City employees in all classifications for their services rendered. The plan is based upon the application of progressive salary administration principles, and procedures governed by State law concerning negotiations with recognized bargaining units of employees.

(Ord. 87-1 § 2, 1987)

The role of the City Administrator or a designee of the City Administrator includes the following:

A. Periodically recommending to the City Council changes in salary range for each City class of position based upon the availability of funds and the considerations outlined in subsections (B) and (C) of this section.

B. Periodically developing data concerning salaries and rates paid by other agencies and organizations for comparable City classifications, and data concerning cost of living or other factors as governed by City policy.

C. Using the data developed as a base for negotiating with the recognized bargaining units of employees and for use in determining appropriate salary ranges.

D. Administering the salary plan.

(Ord. 87-1 § 2, 1987)

A. Salary Schedule. The salary schedule is an instrument used for the orderly and equitable application of City salaries to all positions in the organizational structure. The schedule consists of a series of equally spaced ascending salary ranges, each identified by a range number.

B. Salary Resolution. A salary resolution adopted by the City Council establishing the legal current salary range from the salary schedule for each class of position. The salary resolution is adopted annually or periodically by the City Council upon review and recommendation of the City Administrator in accordance with the provisions outlined in CMC § 2.52.510. Other amendments may be made from time to time, as required, by the City Council.

(Ord. 87-1 § 2, 1987)

The pay periods are:

A. The first through the fifteenth of the month.

B. The sixteenth through the last day of the month.

(Ord. 87-1 § 2, 1987)

The work period for City employes is eight hours per day, 40 hours per week, except as elsewhere provided in this chapter.

(Ord. 87-1 § 2, 1987)

The operations of some departments require that some employees work on days at times other than the basic work period. Authorization for a practical work period will be made by the City Administrator as service needs require.

(Ord. 87-1 § 2, 1987)

Fire Department operations require 24-hour-per-day staffing. Fire officers and the dispatcher clerk work a 40-hour work period. All other personnel work a designated period agreed upon during the negotiation process relying on guidelines established by the Fair Labor Standards Act.

(Ord. 87-1 § 2, 1987)

A. Salary Ranges/Steps – Employment and Advancement. New employees are normally hired at the first step of the salary range for the classification in which hired. However, the City Administrator may approve hiring at a step in the range above the first step when the new employee possesses exceptional qualifications.

B. Advancement to each succeeding salary step occurs normally each year on the employee's anniversary date (see CMC § 2.52.550). However, the City Administrator may authorize a within-range step adjustment, bypassing the normal numerical sequence for outstanding performance.

(Ord. 87-1 § 2, 1987)

An employee's anniversary date is established or changed as follows:

A. Initial Employment. The anniversary date for payroll purposes is established as the beginning of the pay period in which employed as a regular employee if the employee begins work on the first working day of that pay period. Otherwise, the beginning date of the next succeeding pay period establishes an employee's anniversary date.

B. Demotion. The anniversary date of any demoted employee will change to the effective date of the demotion.

C. Transfer. The anniversary date of an employee who transfers or is transferred will remain unchanged.

D. Promotion. The anniversary date of an employee who promotes will change to the effective date of the promotion.

E. Return From Leave of Absence. An employee returning from an unpaid leave of absence of more than 30 days will have the anniversary date extended for the length of time the employee was on leave. Military leaves are exempt.

F. Reclassification. The anniversary date of an employee whose position is reclassified will remain unchanged.

(Ord. 87-1 § 2, 1987)

Merit salary step advancement occurs on an employee's anniversary date and can be granted only upon the department manager's performance evaluation report confirmed by the City Administrator.

(Ord. 87-1 § 2, 1987)

The employee's department manager or the City Administrator may deny or delay an increase if the employee's overall job performance evaluation is not satisfactory. The employee must be notified of the reason for the denial or delay. The department manager or City Administrator may approve an employee's merit salary increase at any time prior to the next anniversary date upon the employee's overall job performance evaluation becoming satisfactory.

(Ord. 87-1 § 2, 1987)

Merit salary step advancements, promotions, demotions, transfers and other actions affecting an employee's salary or status may be effective only at the beginning of a pay period. Excluded from this requirement are disciplinary actions, resignations, and retirements.

(Ord. 87-1 § 2, 1987)

When an employee is promoted, salary advancement shall be to a rate in the new range which provides at least five percent more than the employee's current rate. The new rate shall not exceed the maximum of the new range.

(Ord. 87-1 § 2, 1987)

When an employee is transferred, the salary rate shall remain unchanged.

(Ord. 87-1 § 2, 1987)

When an employee voluntarily demotes, the salary rate will remain unchanged, but "Y" rated if applicable.

(Ord. 87-1 § 2, 1987)

When an employee is given a disciplinary demotion, the employee will be cut to a rate in the new range commensurate with the cause for disciplinary action as determined by the City Administrator.

(Ord. 87-1 § 2, 1987)

A. When an employee is reclassified to a lower classification the salary rate will remain unchanged. If this rate lies between two steps in the range for the lower classification, the employee's salary will be advanced to the higher step. If the employee's salary rate prior to the reclassification exceeds the top step of the new salary range it will be "Y" rated. "Y" rating simply means that these employees will continue to receive their present salaries – but not receive general cost-of-living increases – until such time these latter increases applied to the salary ranges for their classifications result in their salaries again falling within their respective ranges.

B. An employee reclassified to a higher classification will receive a salary rate advancement to the same step in the new range.

(Ord. 87-1 § 2, 1987)

"Overtime"

is time which an employee is required to work beyond those hours stipulated in the employee's basic work period, fire personnel work week, practical work period or work day as established by the applicable memorandum of understanding, but in no event below the standards defined in the regulations of the Fair Labor Standards Act.

(Ord. 87-1 § 2, 1987)

Overtime shall be worked only upon prior authorization of the department manager or designee.

(Ord. 87-1 § 2, 1987)

Overtime compensation for all employees except those exempt by Federal guidelines will be on the basis of compensatory time off at the rate of time-and-one-half off for time worked or, when authorized, payment on time-and-one-half basis for time worked.

(Ord. 87-1 § 2, 1987)

Overtime work for nonexempt firefighting personnel will be on the basis of one-and-one-half times the hourly rate computed on the basis of the Fair Labor Standards Act guidelines and applicable memorandum of understanding.

(Ord. 87-1 § 2, 1987)

Requests to use compensatory time must be permitted within a reasonable period after making the request. A reasonable period will be determined by the customary work practice of the City department and the facts and circumstances of each case.

(Ord. 87-1 § 2, 1987)

Overtime records will be recorded and maintained by individual departments and transmitted to the payroll office. Compensatory time off records will be recorded and maintained by individual departments and inspected periodically by the Personnel or Payroll Departments. All records will be recorded and preserved in compliance with the Fair Labor Standards Act guidelines.

(Ord. 87-1 § 2, 1987)

All regular employees who accrue vacation benefits will accrue the time specified in the applicable memorandum of understanding. Regular part-time positions regularly working a minimum of 20 hours per week accrue, prorated on a monthly basis, from the time of initial appointment.

(Ord. 87-1 § 2, 1987)

An employee is eligible to use accrued vacation time starting from the first day of employment.

(Ord. 87-1 § 2, 1987; Ord. 2022-03 § 2, 2022)

Vacation scheduling is the responsibility of individual department managers.

(Ord. 87-1 § 2, 1987)

The maximum amount of vacation time that may be held in an unused status shall be the amount an employee is entitled to accrue in two anniversary years. Exceptions may be granted by the department manager with approval by the City Administrator.

(Ord. 87-1 § 2, 1987)

Regular employees who have at least one year of continuous service are entitled to monetary compensation equal to the value of the accrued vacation time.

(Ord. 87-1 § 2, 1987)

Designated management personnel, in addition to vacation time, are entitled to additional hours of paid leave, or a pro rata amount if not in a management position for a full year, during each fiscal year. The amount shall be defined in the applicable memorandum of understanding or contract. Unused hours shall not be carried over to succeeding years nor compensation paid for any unused hours at the time of resignation, retirement, or dismissal.

(Ord. 87-1 § 2, 1987)

Unused vacation hours may be sold back to the City up to a specified amount of hours as designated in the applicable memorandum of understanding.

(Ord. 87-1 § 2, 1987)

Regular employees entitled to accrue sick leave and who were hired prior to November 1, 1984, shall be entitled to accumulate an unlimited amount of sick leave hours. The formula for compensation upon retirement will be the current hourly rate of the employee, times the total accumulated sick leave hours, divided by one-half. Upon resignation after five years of continuous service, the formula for compensation will be the current hourly rate of the employee times the total accumulated sick leave hours, divided by one-fourth.

(Ord. 87-1 § 2, 1987)

Regular employees entitled to accrue sick leave and who were hired after November 1, 1984, will accumulate an unlimited number of sick leave hours. A maximum of 600 hours will be the total amount for which the City reimburses the employee upon termination of resignation from employment. This provision does not apply to employees resigning with less than five years of continuous service who shall not be entitled to any compensation. Severance from employment after five years will result in reimbursement at 25 percent of accumulated sick leave hours, with a maximum of 600 hours, times the actual hourly rate at the time of resignation. Upon retirement, the rate shall be adjusted from 25 percent to 50 percent.

(Ord. 87-1 § 2, 1987)

Sick leave, including medical and other doctor appointments, shall be charged against an employee's credit only for regular working days and shall not be charged for time absent on holidays or other authorized days off. Charges against an employee's credit shall be rounded off to the lowest hour, for example:

If an employee becomes sick on scheduled vacation time, the department manager may, with acceptable documentation, authorize the use of sick leave instead of vacation leave.

(Ord. 87-1 § 2, 1987)

A physician's statement can be required at the option of the department manager, when the employee has been absent from work for three or more consecutive work days. The same requirement applies if the employee has been absent from work for four or more days in any 30-day period.

(Ord. 87-1 § 2, 1987)

When required to be off the job because of illness or disability, the employee or someone in the employee's behalf must notify the employee's supervisor within a reasonable time of the employee's scheduled starting time for resuming work.

(Ord. 87-1 § 2, 1987)

Accrued sick leave may be used for serious illness, disability, or death in the employee's immediate family as described in the appropriate memorandum of understanding. This use shall not exceed the limit prescribed by the applicable memorandum of understanding. Immediate family is defined as the employee's spouse, child, stepchild, parent, stepparent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brother-in-law, or any other person approved by the department manager. The department manager may require that the employee furnish satisfactory proof to substantiate the above sick leave use.

(Ord. 87-1 § 2, 1987)

Employees who have completed twelve (12) months of full-time employment with the City shall be eligible for parental leave with pay of up to eight (8) weeks, or a maximum of 320 hours of paid leave (prorated based on FTE), once per event, once per 12-month rolling time frame. The purpose of Paid Parental Leave (PPL) is to enable the employee to care for and bond with a newborn or newly adopted or placement of a foster child with the employee.

A. Paid Parental Leave Coverage and Guidelines.

1. Approved PPL may be taken at any time during the 12-month period immediately following the birth, adoption or placement.

2. PPL has no accrual or payout value. Any unused PPL will be forfeited at the end of the 12-month period following the birth of a child, adoption, or placement.

3. PPL may be taken consecutively or intermittently in minimum increments of 40 hours following the birth, adoption, or placement of a child. This leave shall run concurrently with the Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) and subject to the same request and reporting requirements.

4. If observed City holidays occur while the employee is on an approved PPL, holiday(s) will count towards such paid leave.

5. The employee must submit a request to the Human Resources Department (HR) at least 30 days in advance of their need for parental leave, or as soon as possible. The employee must complete the necessary HR forms and all documentation as required by the HR department to substantiate the request.

6. PPL shall not be reduced by any payment received by the employee from a federal, state or other local government agency (e.g., State Disability Insurance, Paid Family Leave). If an employee becomes eligible for such benefits, the City's PPL will be used to supplement any partial wage replacement, up to the employee's regular pay, and may extend the duration of leave beyond the 12 weeks allowed under FMLA/CFRA for a period not to exceed 16 weeks.

7. The City Administrator has full discretion to interpret this policy. In the event that new federal, state, or local laws expand or introduce parental leave benefits, the City will review this policy and may seek modifications by bringing it to the City Council for review and approval.

(Ord. 2025-003, 8/5/2025)

An employee having regular status is entitled to City-paid leave not to exceed 30 calendar days in any one-year period for training duty in any branch of the United States armed services. This leave shall be granted in accordance with provisions of the California Military and Veterans' Code. However, a request for annual military leave can be honored only if accompanied by a copy of the employee's official military orders showing the employee's name and other identifying information, and the starting and completion dates of leave. The order must also show the date of the orders and other official information including the name and rank of the person issuing the orders. Since annual training dates are ordinarily established months in advance of duty, an employee must inform the employee's supervisor as soon as the training dates are known. Actual request for leave and official military orders should be submitted no later than 15 days prior to the requested leave beginning date.

(Ord. 87-1 § 2, 1987)

A. An employee having trainee status shall be granted a short-term or extended leave when called to active duty, in accordance with the provisions of the California Military and Veterans' Code. This requirement for proof of military orders specified in CMC § 2.52.690 also applies to unpaid military leave.

B. Sick leave and vacation do not accrue to the employee while on leave, but the employee's anniversary date remains unchanged.

(Ord. 87-1 § 2, 1987)

This term refers to leaves requested by an employee in advance of a proposed starting date, and approved by the City Administrator upon the recommendation of the employee's department manager as being in the interest and welfare of the department or City. Leaves without pay may be granted for any of the following purposes with specific requirements, as applicable, noted:

A. Illness. Used for any legitimate illness including temporary medical or psychiatric problems. This leave is used only when an employee has exhausted accrued sick leave and all other accrued leave. Requests for leave must include a statement from the physician specifying the nature of the illness and the time of anticipated release for return to active duty. In these situations, it may be possible for medical insurance benefits to continue. This will depend on an evaluation of many factors, including but not limited to policy contract language and evaluation by the City Administrator. After the evaluation is completed, if approval is given to continue medical insurance, the employee shall be responsible for payment of the appropriate premium once any "grace period" has elapsed.

B. Education or Training. Used when the kind of education or training is likely to enhance the City's capabilities to provide service to the public. The leave should have as its objective either to increase the employee's effectiveness in the current job, or enhance the employee's advancement within City service.

C. Paternal Leave. Used when the employee requires time off at any time during a pregnancy, adoption of a child, because of physical condition related to a pregnancy, or subsequent to delivery to recuperate or provide care for the newborn or newly adopted.

D. Personal. Used when none of the above apply and the employee's personal situation is such that leave is desirable or needed.

E. Compulsory. Used when in the opinion of the department manager, an employee is unable to perform the duties of the employee's position properly because of physical or mental reasons which jeopardize the health and safety of the employee, fellow workers or the public, or which create a situation in which the City is unable to provide proper services to the public. In these instances, an employee may be required to submit to an examination by a physician designated or approved by the City Administrator. Subject to the physician's findings, the employee may be required to take sufficient leave without pay, in the absence of accrued sick leave or vacation, until such time that the employee is capable of adequately performing the duties and responsibilities of the position.

(Ord. 87-1 § 2, 1987)

All leaves without pay are to be for the minimum time period necessary to accomplish the objective of the leave. Leave without pay may be granted for not to exceed six months' duration, except by specific advance authorization of the City Administrator when there are extenuating circumstances. Prior to the expiration of the initial leave, the employee may request an extension to the leave, but such extensions are to be considered exceptions to the rule and approval can be granted only by the City Administrator.

(Ord. 87-1 § 2, 1987)

Except for compulsory leave, leave requests may only be initiated by an employee. Leave requests must be submitted reasonably in advance of the proposed effective date. An employee's typed request must include the date the request is submitted, type of leave requested, substantiating information as to the need for leave, beginning and ending dates of the leave, and the employee's signature. The department manager, after reviewing the request, will recommend approval or disapproval and submit it to the City Administrator for final action. If the action is one of disapproval, the reasons will be specified to the employee, in a typed notification.

(Ord. 87-1 § 2, 1987)

When reviewing and acting upon leave requests, the department manager and the City Administrator shall take into consideration the request's conformance with the provisions herein set forth for the specific type of leave and the impact which the leave might be expected to have on the employee, departmental and City operations, and other persons who may be required to replace or assume the duties of the employee on leave.

(Ord. 87-1 § 2, 1987)

An employee who is on approved leave and wishes to return prior to the expiration of the leave will be required to give reasonable notice, but not in excess of 15 calendar days, before returning to the job.

(Ord. 87-1 § 2, 1987)

An approved leave may be revoked, at any time during the leave, upon evidence that the cause for granting the leave was misrepresented or ceased to exist.

(Ord. 87-1 § 2, 1987)

A. The City observes holidays as specified in applicable memorandums of understanding.

B. In the event a holiday falls on a Saturday, City departments shall remain open on the preceding Friday, but employes shall receive either that Friday or the following Monday as in-lieu holidays, the choice of which day to be at the department manager's discretion. If a holiday falls on a Sunday, it shall be observed on Monday.

(Ord. 87-1 § 2, 1987)

Regular employees are entitled to paid holidays. If a holiday falls on an employee's nonwork day, then the employee's next succeeding work day shall be considered a holiday. Firefighting employees shall not be entitled to time off for holidays but instead shall be paid on the basis of an eight-hour shift established by memorandum of understanding. Such pay to be in addition to any pay earned for shifts actually worked.

(Ord. 87-1 § 2, 1987)

All regular employees are entitled to receive medical, dental, vision, life, accidental death and disability insurance as established by applicable memoranda of understanding.

(Ord. 87-1 § 2, 1987)

Certain employees shall be entitled to receive a monthly uniform allowance as established by applicable memorandum of understanding.

(Ord. 87-1 § 2, 1987)

The City is a member of the Public Employees' Retirement System and provides a retirement option for eligible employees. The type of plan and plan amendments are specified in the applicable memorandum of understanding.

(Ord. 87-1 § 2, 1987)

The City Administrator is authorized to initiate employer-initiated disability retirement procedures with the Public Employees' Retirement System.

(Ord. 87-1 § 2, 1987)