Fresno Municipal Code Art. 1 Personnel

(a) Except as may be otherwise specifically provided herein, the provisions of this article shall apply and refer to employees in both the classified and the unclassified service.

(b) Unless a different meaning is clearly required by the context, the words and phrases defined in Article 2 of this chapter shall have the same meanings when used in the article.

(c) The terms "firefighting personnel" and "firefighting employee," whenever used herein, shall mean any employee of the city whose classification involves the performance of firefighting duties, and shall include, but is not limited to, any firefighter.

(d) The terms "police personnel," and "policing employee," whenever used herein, shall mean those employees of the police department whose classification involves the performance of peace officer duties, and shall include, but is not limited to, any police officer.

(e) Whenever in this article or in Article 2 of this chapter employees are designated by group or unit, such as, for example, "Management and Confidential Group," "Nonsupervisory Blue Collar Unit," etc., such designation shall mean and refer to employees in such groups or units as set forth in the current salary resolution or other action of the Council fixing the compensation of city employees.

(Rep. and Added Ord. 5988, 1961; Am. Ord. 76-54, § 1, eff. 7-11-76; Am. Ord. 82-79, § 1, eff. 9-17-82; Am. Ord. 2006-112, § 1, eff. 9-28-06; Ord. No. 2020-003, § 1, eff. 3-2-20).

(a) Forty hours of actual attendance on duty, less time off on authorized leaves of absence as provided for in this article, shall constitute a minimum work week for all full-time employees of the city, except that fire fighting personnel who work a twenty-four hour shift shall be deemed full-time employees:

(b) Employees holding full-time permanent positions shall devote their whole time and attention to city service except as hereinafter provided. No such employee shall engage in or work at any other remunerative occupation, including self-employment, without having first obtained an outside work permit.

(1) Application. Every applicant for an outside work permit shall file an application with their Appointing Authority (City Manager, Department Head, Councilmember, City Attorney, City Clerk, or Retirement Administrator) on a standardized form. The Appointment Authority shall make a determination whether the proposed outside work is compatible with the applicant's city position and with the terms of this Section, or will adversely affect the efficiency of the employee.

(i) For those employees who report to a Councilmember, City Attorney or City Clerk, the Appointing Authority shall approve or deny the permit. The Council shall be notified of all work permits issued by the City Attorney or City Clerk.

(ii) For those employees of a Department or Division that reports to the City Manager, the Department Head shall forward the application and their recommendation to Personnel Services, which shall recommend issuance or disapproval of the permit, and the City Manager or designee shall either approve or deny the permit. In the event either the Department Head or Personnel Services recommends disapproval, the applicant shall be notified of such recommendation prior to submission of the work permit application to the City Manager.

(2) Issuance. The Appointing Authority shall issue an outside work permit unless there is cause for denial. Such cause may include but shall not be limited to one or more of the following reasons:

(i) The work request might be in violation of the California Government Code Section 1126, which currently states, "a local agency officer or employee shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimical to his or her duties as a local agency officer or employee"; or

(ii) The number or arrangement of the hours of employment in the proposed outside work is such that the efficiency of the applicant in their city position will be impaired to any degree; or

(iii) The applicant's city position is one which requires occasional or regular standby duty for emergency call and the proposed outside work would seriously restrict the availability for such emergency call; or

(iv) A medical disability or infirmity of the applicant (as indicated by sick leave record, injury records, or medical examination) may be aggravated by the proposed outside work or the medical condition and/or nature of the work for the city is such that the applicant's efficiency in their city position may be impaired by the outside work; or

(v) If not self-employed, failure of the applicant to indicate proof of workers' compensation insurance in the outside employment; or

(vi) The applicant has willfully mis-stated on the application any fact concerning the nature of the outside work.

(3) Restrictions. All approved work permits shall be issued subject to the restrictions as specified herein including, but not limited to the restrictions stated and implied in the California Government Code section 1126.

(4) Time Limit. Hours. An outside work permit shall be granted for such periods of time as the Appointing Authority prescribe but not to exceed a period of one year, and shall be renewable in the same manner as issuance of the original work permit. Each work permit shall show thereon the date of its expiration, and it shall be the duty of the employee holding such permit and desiring its renewal to file an application for renewal sufficiently in advance of the expiration date to avoid lapse. However, the Appointing Authority, in their discretion, may retroactively issue a work permit. The maximum number of hours for which a work permit may be approved shall be sixteen hours per week for eight and ten hour shift employees and twenty-four hours per week for twenty-four hour shift employees. Any exception to these time limits will be determined on an individual basis and will be governed by the nature of the work to be performed, the nature of the applicant's city duties, and other pertinent factors that have bearing on the individual's ability to devote their full time and attention to city employment.

(5) Revocation. The Appointing Authority shall revoke any outside work permit they issued for any reason which would have required the denial of such permit under Subsection (2) hereof, or for any other good cause. Work permits may be revoked where any act or behavior of the employee in performing their outside work reflects unfavorably upon their Department or the city. Written notice of the revocation stating the effective date thereof shall be given to the employee who shall surrender the revoked permit to the Appointing Authority on or before the effective date of the revocation. An employee whose work permit has been revoked shall cease outside employment immediately upon receipt of such notice. Work permits automatically shall become invalid and remain invalid, without notice, for the duration of the time that an employee is:

(i) On any leave used for sickness or physical incapacity, such as Sick Leave or Annual Leave; or

(ii) Receiving workers' compensation injury pay (including California Labor Code Section 4850 pay and temporary disability pay). Exception: Employees with an approved work permit may continue to perform such outside work provided it is consistent with the work restrictions/limitations imposed by their treating physician and no light duty is available within the city. In cases of dispute regarding an employee's medical status, the opinion of the most recent specialist shall prevail.

(6) Review.

(i) Denial or revocation of a work permit by a Councilmember, City Attorney, or City Clerk shall be appealable by submitting a written request for review to the Council President within seven business days of the decision. The Council President shall establish an Ad Hoc Review Committee consisting of three Councilmembers (excluding the affected employee's Appointing Authority).

(ii) The City Manager's decision to deny or revoke a work permit shall be appealable by submitting a written request for review to the Director of Personnel Services within seven business days of the City Manager's decision. The request shall be reviewed by a Work Permit Review Committee, consisting of one management group member to be assigned by the City Manager, an employee representative selected by the affected employee, and a third member shall be a city employee in a permanent position jointly selected by the management group member and the employee's representative. No member of the committee shall be a member of the affected employee's Department.

(iii) The request for review shall include any evidence which bears upon the issuance, denial, renewal, or revocation of the work permit. The applicable review committee shall review the request and render a decision within forty-five days to issue, modify, deny, or revoke the work permit, using the criteria outlined in this Section.

(Rep. and Added Ord. 5988, 1961, based on former Sec. 2-1504; Am. Ord. 6073, 1962; Am. Ord. 71-128, 1972; Am. Ord. 82-85, § 1, eff. 9-17-82; Am. Ord. 2016-10, § 1, eff. 5-12-16; Ord. No. 2020-003, § 2, eff. 3-2-20).

The limitations on political activities imposed by Section 813 of the Charter shall not be deemed to prevent any person who holds a position in the administrative service, or whose name is on any register for appointment to a position in the administrative service, from

(1) Attending a political meeting;

(2) Enjoying entire freedom from all interference in casting a vote;

(3) Seeking signatures to any initiative or referendum petition affecting their rates of pay, hours of work, retirement, civil service, or other working conditions provided such activity is not carried on during hours of work.

(Rep. and Added Ord. 5988, 1961, based on former Secs. 2-814 and 2-815; Am. Ord. 69-90, 1969; Ord. No. 2020-003, § 3, eff. 3-2-20).

The City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, may grant a leave of absence from duty without pay to an employee for a period not exceeding one hundred and twenty calendar days; provided, however, that if it shall appear that it is for the good of the service and the benefit of the city, they may extend such leave. Application for such leave shall show the following:

(a) That the position from which the leave is sought is a permanent position;

(b) The beginning and ending date of the leave requested;

(c) The reason for the applicant desiring such leave.

(Rep. and Added Ord. 5988, 1961, based on former Sec. 2-1666; Ord. No. 2020-003, § 4, eff. 3-2-20).

An employee may, at any time during leave of absence granted, be called back to duty by the Appointing Authority, subject to the approval of the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority. The employee shall be served personally or by certified mail with written notice of such order to return to duty. If the employee fails to report for duty at the specified time, and if the excuse for failure to so report is not satisfactory to the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, the employee shall be subject to suspension or dismissal for inexcusable absence without leave.

(Rep. and Added Ord. 5988, 1961, based on former Sec. 2-1667; Ord. No. 2020-003, § 5, eff. 3-2-20).

Upon the expiration of leave of absence duly granted in accordance with the provisions of this article, an employee shall be returned to the same or equivalent class as occupied when the leave of absence was granted, subject to the right of the Appointing Authority to require a medical examination, as provided in this article, before allowing the employee to return to duty.

(Rep. and Added Ord. 5988, 1961, based on former Sec. 2-1668; Ord. No. 2020-003, § 6, eff. 3-2-20).

(a) Employees of the city whose salaries are fixed on a monthly or yearly basis, including those in the unclassified service, and part-time employees, shall accumulate Sick Leave with full pay according to the following schedule:

(1) Sick Leave shall be accumulated at the rate of eight hours for each completed calendar month of employment. Employees exempt from the payment of overtime may use accumulated Sick Leave after one completed calendar month of employment. For all other employees, Sick Leave may not be used until the employee has completed ninety days of employment. Firefighting personnel working a twenty-four-hour shift shall accumulate Sick Leave at the rate of one-half shift for each completed calendar month of employment.

(2) Part-time employees shall accumulate Sick Leave at the rate of eight hours of Sick Leave for every one hundred sixty hours worked, but not to exceed ninety-six hours of Sick Leave in any fiscal year. An employee holding a position to which more than one rate of pay applies, depending on the nature of the work performed, shall be compensated while on Sick Leave at the rate applicable to the work performed on the last day before going on Sick Leave.

(3) New employees holding full-time permanent positions who commence work on or before the fifteenth day of the month shall be entitled to full Sick Leave credit for that month. Such employees who commence work after the fifteenth day of the month shall not be entitled to Sick Leave credit for that month.

(4) Employees in positions compensated by a fixed monthly or yearly salary who are on leave or suspension without pay for more than eighty hours in any calendar month, and fire-fighting personnel working a twenty-four-hour shift who are on leave or suspension without pay for more than five working shifts in any calendar month, shall not accumulate Sick Leave for that month.

(b) The Council, in a salary resolution, city approved labor memorandum of understanding, or other action establishing rates of pay for city employees, may designate positions, classes of positions, or employee groups for which the calculation, accumulation, or allowance of Sick Leave is different from that provided in this section.

(c) Sick Leave may be taken for absences from duty made necessary by:

(1) Illness or sickness of the employee, the employee's child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchild, or sibling, caused by factors over which the employee has no reasonable immediate control;

(2) Injury not incurred in line of duty except where traceable to employment by an employer other than the City of Fresno;

(3) Medical, dental or eye examination or treatment for the employee, or the employee's child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchild, or sibling, which appointment cannot be made outside of working hours.

(d) An employee who absents themselves from duty on Sick Leave shall notify the head of the department or office, or such other person as departmental rules may provide, promptly on the first day of absence and any other day of absence if such absence is unscheduled and unanticipated, and failure to do so may be grounds for denial of such leave with pay for the period of absence.

(e) Sick Leave while on vacation is authorized only if the employee is confined to a hospital. Verification shall be submitted from the attending physician or the hospital.

(f) Upon the death of an employee's child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchild, or sibling, the employee shall be allowed to use Sick Leave as is actually necessary to take care of funeral arrangements or attend the funeral, but not to exceed four working days; provided, however, that fire fighting personnel working a twenty-four hour shift shall be allowed to use Sick Leave not to exceed two regular shifts. Sick Leave to attend the funeral of a person other than the employee's child, parent, grandchild, or sibling may be granted an employee by the Appointing Authority. The Appointing Authority shall notify the Personnel Services Director when any employee is granted the use of Sick Leave for bereavement.

(g) Sick Leave may be used on the day of the birth of an employee's child.

(h) Holidays and regular days off occurring while an employee is on Sick Leave shall not be charged against such employee's Sick Leave credits, except that holidays shall be so charged if such employee is a part of the fire fighting personnel working a twenty-four-hour shift.

(i) Sick Leave shall not be allowed where the cause of the injury or illness is directly traceable to city employment or to any compensated employment or remunerative occupation of any kind, including self employment, unless the employee has exhausted temporary disability benefits under Section 3-118 and any other disability insurance payments. If such temporary disability benefits and other disability insurance payments are exhausted, the employee may use Sick Leave for such injury or illness.

(j) Sick Leave shall automatically terminate on the date of separation of city service, of the employee or on the date on which an ordinary disability allowance under the retirement system becomes effective.

(k) Inability to work because of intemperance is not an authorized reason for Sick Leave.

(l) Ordinary tiredness, restlessness, and muscular fatigue are not valid reasons for Sick Leave.

(m) Notwithstanding any other provisions of this section, whenever employees are paid on an hourly basis and the compensation of such employees, including Sick Leave with pay, is budgeted and funded under a program sponsored by another governmental entity, then such employee shall accumulate Sick Leave in accordance with subsection (a)(2) of this section to the extent of such funding.

(n) As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis of the employee; "parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian of the employee.

(Added Ord. 5988, 1961, based on former Secs. 2-1670 and 2-1671; Am. Ord. 6049, 1962; Am. Ord. 6290, 1963; Am. Ord. 6666, 1965; Am. Ord. 70-77, 1970; Am. Ord. 72-20, 1972; Am. Ord. 73-116, § 1, eff. 9-2-73; Am. Ord. 79-52, § 1, eff. 4-27-79; Am. Ord. 82-85, § 2, eff. 9-17-82; Am. Ord. 83-75, § 1, eff. 7-1-83; Am. Ord. 83-131, § 1, eff. 10-21-83; Am. Ord. 91-119, § 1, eff. 12-13-91; Am. Ord. 2017-67, § 1, eff. 1-18-18; Ord. No. 2020-003, § 7, eff. 3-2-20).

(a) All employees who are employed in permanent positions shall accumulate Vacation Leave with pay in accordance with the salary resolution or applicable city approved labor memorandum of understanding, for each completed calendar month of employment.

When any such employment [employee] commences work on or before the fifteenth day of a calendar month, they shall be credited with the Vacation Leave accrual for that month. Entitlement to Vacation Leave accumulation in this subsection shall commence on the first day of the month following the date on which the employee shall have been continuously employed for the prescribed period.

(b) The time at which an employee shall take Vacation Leave shall be determined by the Appointing Authority with due regard for the wishes of the employee and particular regard for the needs of the service.

(c) No employee shall be entitled to any Vacation Leave credit that will exceed the accumulation limit as listed in the salary resolution or applicable city approved labor memorandum of understanding; however, the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, may allow an additional accumulation of not to exceed twenty per-cent of such limits if they shall find an employee was prevented from reducing their Vacation Leave accumulation below the limit applicable to them by (i) absence from duty on account of injury compensable under Section 3-118; or, (ii) an unexpected emergency affecting the public peace, health or safety which precluded their absence from duty; or (iii) a refusal of the employee's department head of a written request for Vacation Leave submitted by the employee at least one month, and not more than six months, prior to the month in which the employee's maximum accumulation of unused Vacation Leave credit exceeds the limit applicable to their position and length of continuous service; but provided further, that any excess accumulation so allowed shall be automatically cancelled to the extent of any excess over the applicable limit remaining to the credit of such employee (a) ninety days after the date of their return to duty from absence as provided in provision (i) hereinabove; or (b) ninety days after the expiration of the period of emergency, as provided in provision (ii) hereinabove; or (c) ninety days after the date on which the employee's maximum accumulation of unsaved Vacation or Leave exceeded the limit applicable to their position and length of continuous service, pursuant to provision (iii) hereinabove, unless extended one or more such ninety-day periods by refusal of written request or requests for Vacation Leave submitted during the original or subsequent ninety-day periods.

(d) Vacation Leave credit which was earned by service in any calendar month, or, in the case of part-time employees, which was earned because of the completion of a unit of one hundred and sixty hours of work during any calendar month, shall be allowed and become creditable to the employee's unused accumulation of Vacation Leave as of the first day of the following month.

(e) Employees in permanent positions who are on suspension or leave without pay for more than eighty hours in any calendar month, and fire-fighting personnel working a twenty-four-hour shift who are on suspension or leave without pay for more than five working shifts in any calendar month, shall not accumulate Vacation Leave for that month.

(f) Formerly subsection (k) (Repealed Ord. 6943, 1967).

(g) If a holiday occurs during a vacation, it shall not be charged against Vacation Leave except in the cases of employees who accrue Holiday Leave on a monthly basis.

(h) Notwithstanding any other provisions of this section, whenever employees are in part-time service and are paid on an hourly basis, compensation of such employees, including vacations, is budgeted and funded under a program sponsored by another governmental entity, then such employee shall be granted Vacation Leave in accordance with this section.

(i) In a salary resolution, city approved labor memorandum of understanding, or other action of the Council establishing the rates of pay of employees in the city service, may be designated positions, classes of positions, or employee groups for which the rate of, calculation of, or accumulation of Vacation Leave credit shall be different from that provided in this section.

(Added Ord. 5988, 1961, based on former Secs. 2-1673 and 2-1675; Am. Ord. 6306, 1963; Am. Ord. 6477, 1964; Am. Ord. 6943, 1967; Am. Ord. 67-54, 1967; Am. Ord. 70-77, 1970; Am. Ord. 73-116, § 3, eff. 9-2-73; Am. Ord. 76-54, §§ 2, 3, eff. 7-11-76; Am. Ord. 76-112, § 1, eff. 1-2-77; Am. Ord. 82-85, §§ 3—6, eff. 9-17-82; Am. Ord. 89-120, § 1, eff. 10-3-89; Ord. No. 2020-003, § 8, eff. 3-2-20).

(a) With the approval of the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, any employee who is compelled by subpoena to attend any hearing or trial for the purpose of testifying during their regular work hours for the City, may be entitled to do so without loss of pay during the period they are required to remain in attendance at such hearing or trial. If the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, has approved the employee's attendance at such hearing or trial without loss of pay the employee shall demand and obtain from the person who subpoenas them any fee allowed by law or otherwise payable for such attendance in court or hearing, and shall promptly pay over to the Controller the full amount of all fees received for such attendance.

(b) Any employee who is required by the City Attorney or their designee to attend for the defense of an action against the city any civil court proceeding or administrative hearing during their regular work hours wherein they or the city, or both, are parties defendant as a result of an incident arising out of or occurring in the course of employment, or wherein testimony, shall be entitled to do so without loss of pay while required to be in attendance in court or hearing if the City Attorney or their designee, determines that such attendance is necessary for a proper defense of the action. If an employee is required to attend any such proceeding or hearing on a day off, they shall be entitled to overtime if it is required under Section 3-117 or applicable city approved labor memorandum of understanding.

(c) Any employee who is required to attend during their regular work hours the trial of any civil action in court as a party plaintiff where the action arises out of or during the course of employment with the city shall be entitled to a leave of absence with pay if the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, determines the absence is primarily for the benefit and protection of the city's interest and the employee shall be entitled to a leave of absence without pay determined the absence is primarily for the employee's own benefit.

(Added Ord. 5988, 1961; Ord. No. 2020-003, § 9, eff. 3-2-20).

All employees shall receive their regular wages or salary during the time they are required to be absent from the duties of their position to attend any court in response to a summons for jury duty or while service on a jury, but shall pay over to the city any fees received for such attendance or service. This section does not apply to elective voluntary jury service, such as grand jury service.

(Added Ord. 5988, 1961; based on former Section 2-1507; Ord. No. 2020-003, § 10, eff. 3-2-20).

Employees shall be entitled to such military leaves of absence as are provided for by Division II, Part 1, Chapter 7 of the Military and Veterans Code of California, including such leaves with pay as are provided therein, and subject to the rights, benefits, and limitations provided therein and in the Charter, this Code, administrative orders and/or the salary resolution pertaining to city service.

(Added Ord. 6049, 1962, based on former Sec. 2-1669; Am. Ord. 73-116, § 4, eff. 9-2-73; Ord. No. 2020-003, § 10, eff. 3-2-20).

Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to undergo medical examinations or treatment authorized by the city's workers' compensation administrator or the Workers' Compensation Appeals Board or to attend hearings of the Workers' Compensation Appeals Board may be granted leaves with pay for such absences by the Personnel Director when such absences are determined to be in the best interest of the city.

(Added Ord. 5988; Am. 6049, 1962; Am. Ord. 91-34, § 1, eff. 5-17-91; Ord. No. 2020-003, § 12, eff. 3-2-20)

(a) Subject to the conditions and limitations provided in this section firefighting personnel of the Fire Department, during the time of incapacity for the performance of duty because of illness or injury not incurred in the performance of employment with the city or with any other employer, shall be entitled to a leave of absence with full pay if a qualified substitute is provided to perform the duties of their position. Such leave of absence shall be designated as "substitute leave."

(b) The right to substitute leave shall be limited to firefighting personnel who are working a twenty-four hour shift at the time the incapacity for duty occurs.

(c) No firefighting personnel who is entitled to substitute leave unless they have first exhausted all the Sick Leave, Vacation Leave, and Holiday Leave available on the date the substitute leave commences or which becomes available if the substitute leave continues into a new fiscal year.

(d) No firefighting personnel who is eligible for service retirement, or who is qualified for disability retirement under the Fresno Fire and Police Retirement System shall be entitled to substitute leave, and before any application for substitute leave for such a firefighting personnel may be approved, there shall be filed with the department head the certification of a city Physician that has examined the firefighting personnel and has found the firefighting personnel's incapacity for performance of duty is not permanent, or anticipated to be extended duration; provided, however, that nothing contained in this subsection shall be deemed to limit or restrict any right or privilege under the provisions of such retirement system to request a determination by the Retirement Board of the applicant's eligibility for disability retirement.

(e) A schedule of substitution, listing the names of all substitutes and the shifts they will work, shall accompany each application for substitute leave, and may be amended from time to time when necessary to add or delete the name of a substitute. The schedule, and any amendments thereto shall be signed by each listed substitute and shall contain a statement over their signature assigning to the firefighting personnel on leave all right to salary and all other benefits, except benefits resulting from on-the-job injury, which shall accrue on account of work performed as a substitute and that for the purpose of payment of salary or the payment of accrual of such benefits, the city may consider the work as having been actually performed by the firefighting personnel on leave. No fire fighting personnel shall work as a substitute for more than one working shift in any calendar week. The schedule of substitution shall be subject to the approval of the department head or their designee.

(f) In cases where the firefighting personnel claims the illness or injury is industrial but no final determination has been made, such illness or injury may nevertheless be deemed non-industrial for the purpose of eligibility for substitute leave, until such final determination has been made; provided, if such final determination is that the illness or injury is industrial, all payments of salary to such firefighting personnel while they were on substitute leave shall be deducted from any entitlement due under Section 3-118 of this Code.

(g) Substitute leave shall extend for the duration of the incapacity of the firefighting personnel for the performance of duty or until the firefighting personnel is separated from city service or retired under the provisions of the Fresno Fire and Police Retirement System; provided, that no firefighting personnel who is eligible for any retirement and who is permanently incapacitated from returning to the duties of their position and would have otherwise been separated from service but for entitlement to substitute leave shall be allowed to remain on substitute leave for any period which, when added to their prior service, would allow the firefighting personnel to accumulate ten years of service; and provided further, that in no event shall such leave be allowed for a total period of more than six months on account of any one illness or injury. The department head or their designee may require such further medical examinations of a firefighting personnel on substitute leave as the department head or their designee may deem advisable to determine the firefighting personnel's continued eligibility for such leave.

(h) Written application for substitute leave, accompanied by the required schedule of substitution, shall be filed in duplicate with the department head. The department head, upon approval of the application, shall forward a copy thereof to the Director.

(Added Ord. 6094, 1962; Ord. No. 2020-003, § 13, eff. 3-2-20).

(a) Subject to the conditions and limitations provided in this section a police personnel of the Police Department, during the time of incapacity for the performance of duty because of illness or injury not incurred in the performance of employment with the city or with any other employer, shall be entitled to a leave of absence with full pay if overtime credit donations by other police personnel are made as provided in this section and if such leave is approved by the Chief of Police or their designee. Such leave of absence shall be designated as "substitute leave."

(b) No police personnel shall be entitled to substitute leave unless they have first exhausted all the Sick Leave, Vacation Leave, holiday credit, and overtime credit available on the date the substitute leave commences or which becomes available if the substitute leave continues into a new fiscal year.

(c) No police personnel who is eligible for service retirement, or who is qualified for disability retirement under the Fresno Fire and Police Retirement System shall be entitled to substitute leave, and before any application for substitute leave for such a police personnel may be approved, there shall be filed with the department head the certification of the city physician that has examined the police personnel and has found that the police personnel's incapacity for performance of duty is not permanent, or anticipated to be of extended duration; provided, however, that nothing contained in this subsection shall be deemed to limit or restrict any right or privilege under the provisions of such retirement system to request a determination by the Retirement Board of the police personnel's eligibility for disability retirement.

(d) Written application for substitute leave shall be made to the Chief of Police. The application shall contain a schedule of proposed donations and shall include the written authorization of each police personnel who has agreed to donate the equivalent of one or more days of time from their accumulated overtime credit to the credit of the police personnel requesting substitute leave. In the authorization, each donor shall agree that they assign to the police personnel on leave all right to salary and other benefits which shall accrue on account of time donated by them. When donation is made by a police personnel of a different class from that of the police personnel on substitute leave, the value of the time donated shall equal the value of the time received by the police personnel on leave, computed to the nearest hour. For the purpose of payment of salary or the payment or accrual of such benefits the city may consider the work as having been actually performed by the police personnel on leave. The schedule of donations shall be subject to the approval of the Chief of Police, and, upon their approval of the leave of absence and the substitute credits, they shall forward a copy thereof to the Director.

(e) In cases where the police personnel claims the illness or injury is industrial but no final determination has been made such illness or injury may nevertheless be deemed non-industrial, for the purpose of eligibility for substitute leave until such final determination has been made provided, that if such final determination is that the illness or injury is industrial, all accumulated overtime credits donated to and used by such police personnel while on substitute leave shall be restored to the police personnel who donated such credits.

(f) Substitute leave may extend for the duration of the incapacity of the police personnel for the performance of their duty or until the police personnel is separated from city service or retired under the provisions of the Fresno Fire and Police Retirement System; provided, that no police personnel who is eligible for any retirement and who is permanently incapacitated for return to the duties of their position and would have to remain on substitute leave for any period which, when added to their prior service, would allow them to accumulate ten years of service; and provide further, that in no event shall such leave be allowed for a total period of more than six months on account of any one illness or injury. The department head may require such further medical examinations of a police personnel on substitute leave as may be deemed advisable to determine the police personnel's continued eligibility for such leave.

(Added Ord. 6287, 1963; Ord. No. 2020-003, § 14, eff. 3-2-20).

(a) An employee who without prior authorization is absent for three consecutive regular working days, or two shifts in the case of a fire-fighting personnel working 24-hour shifts, shall be deemed to have resigned effective as of the end of the day on which they last performed any of the duties of their position or the last day they were absent with prior approved leave; provided, however, the employee shall not be deemed to have so resigned if the employee returns to their regularly assigned duties at the commencement of the next regular working day or on-duty shift or obtains written approved leave by their appointing authority following the expiration of the aforementioned period of absence or failure to discharge duties. Within fifteen calendar days after the effective date of such resignation, such employee may file with the appointing authority a written request for reinstatement. The appointing authority, in conjunction with the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, may reinstate the employee on the appointing authority's finding there is good cause for the absence. In the event an employee is reinstated, such reinstatement shall constitute the period of such absence as a retroactive leave of absence without pay, unless the appointing authority determines there was no fault on the employee's part and allows the use of the employee's paid leave. This subsection shall not apply to elected officers or members of boards or commissions.

(b) An elective officer has resigned when their elective office becomes vacant under the provisions of the Charter or when they have filed a resignation in writing addressed to the Mayor, Council, or the City of Fresno with the Mayor or City Clerk. Any other officer or employee may resign by tendering their resignation in writing to the Director or appointing authority. A written resignation shall be effective on the date designated therein, and if no date is so designated, it shall be effective immediately.

(Added Ord. 73-116, § 5, eff. 9-22-73; Ord. No. 2020-003, § 15, eff. 3-2-20).

(a) Unless modified by a city approved applicable labor memorandum of understanding or salary resolution, all employees in permanent positions shall be entitled to a leave of absence of no more than eight hours without loss of pay on the following holidays:

(1) January 1.

(2) The third Monday in January.

(3) The third Monday in February.

(4) The last Monday in May.

(5) July 4.

(6) The first Monday in September.

(7) November 11.

(8) Thanksgiving Day.

(9) The Friday after Thanksgiving Day.

(10) December 25.

(11) Any day or part of a day declared by the Council, by ordinance or resolution, to be a holiday.

(b) If January 1st, July 4th, November 11th, or December 25th falls upon a Sunday, the Monday following is a holiday.

(c) Unless modified by an applicable city approved labor memorandum of understanding or salary resolution, all employees in permanent positions who are required to and do work on any of the holidays specified in Subsection (a) of this section, shall be entitled to additional compensation or compensating time off for such work, in accordance with the overtime provisions applicable to the position, if any.

(d) When any holiday listed in subsection (a) hereof falls on a Saturday, eight hours shall be credited, on the first day of the next calendar month, to the Holiday Leave bank of each employee entitled to leave for holidays pursuant to this section; provided however, that any such employee who is required to and does work on any such Saturday holiday, and receives overtime compensation for such work, shall not be entitled to any Holiday Leave credit on account of such holiday. This subsection shall not apply to any such employee whose regularly scheduled work week consists of working days which are other than Monday through Friday, or to any temporary employee.

(e) When the regularly scheduled work week of an employee entitled to leave for holidays pursuant to this section consists of working days which are other than Monday through Friday, and a holiday falls on a regular day off, eight hours shall be credited, on the first day of the next calendar month, to Holiday Leave bank of such employee; provided, however, that any such employee who is required to and does work on any such holiday, and receives overtime compensation for such work, shall not be entitled to any Holiday Leave credit on account of such holiday. This subsection shall not apply to temporary employees.

(f) Unless modified by an applicable city approved labor memorandum of understanding or salary resolution, every employee in a permanent position shall be entitled to a leave of absence of eight hours without loss of pay, or additional Holiday Leave as hereinafter provided, on each anniversary of the employee's birthday.

(g) (1)

Notwithstanding any other provisions contained in this article, the provisions of this article relating to overtime pay, compensating time off for holiday work, and leave for birthday anniversaries shall not apply to firefighting personnel of the fire department who work a twenty-four-hour shift, or to police personnel of the police department or airports department.

(2) Firefighting and policing employees who are absent from duty on leave without pay or suspension without pay, or who are absent from duty with pay because of injury incurred in the course and scope of their employment, for (i) more than five working shifts, in the case of fire-fighting personnel, or (ii) more than eighty hours in the case of police and airport public safety officers, shall not accumulate Holiday Leave for that month.

(h) An accumulation of or use of Holiday Leave different than that previously provided in this section may be established by a salary resolution, city approved labor memorandum of understanding or other action of the Council.

(Added Ord. 5988, 1961; Am. Ord. 6049, 1962; Am. Ord. 6477, 1964; Am. Ord. 6499, 1964; Am. Ord. 6943, 1967; Am. Ord. 70-77, 1970; Am. Ord. 70-87, 1971; Am. Ord. 71-64, 1971; Am. Ord. 74-95, § 1, eff. 10-20-74; Am. Ord. 76-126, § 3, eff. 1-23-77; Am. Ord. 77-24, § 1, eff. 3-27-77; Am. Ord. 79-162, § 1, eff. 11-9-79; Am. Ord. 81-99, § 1, eff. 9-25-81; Am. Ord. 82-85, §§ 7—12, eff. 9-17-82; Am. Ord. 85-187, § 1, eff. 1-17-86; Am. Ord. 90-70, § 1, eff. 8-24-90; Ord. No. 2020-003, § 16, eff. 3-2-20).

(a) It is the policy of the city that overtime work is to be discouraged. However, in case of emergency or whenever the public interest requires, the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, or their respective designees, with respect to any employee in their department, may require an employee to perform overtime work.

(b) All employees not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) shall be compensated for approved overtime work by additional pay in accordance with their applicable city approved labor memorandum of understanding or the salary resolution, or other action by Council.

(c) Overtime shall not be credited for units of overtime less than one-tenth of an hour, and fractional units of overtime less than one-tenth of an hour shall not accumulate.

(Added Ord. 5988, 1961; Am. Ord. 6049, 1962; Am. Ord. 6362, 1963; Am. Ord. 6477, 1964; Am. Ord. 6921, 1967; Am. Ord. 73-116, § 6, eff. 9-2-73; Am. Ord. 78-119, § 1, eff. 9-1-78; Am. Ord. 82-85, §§ 13, 14, eff. 9-17-82; Ord. No. 2020-003, § 17, eff. 3-2-20).

The percentage of wages or salary and benefits received by an employee holding a permanent position who suffers an injury in the course and scope of city employment shall be the percentage and benefits established by the State of California workers' compensation laws set forth in the California Labor Code.

(Added Ord. 5988, 1961, based on former Section 2-1505; Am. Ord. 68-168, 1968; Am. Ord. 70-64, 1970; Am. Ord. 83-112, § 1, eff. 9-16-83; Am. Ord. 85-124, § 1, eff. 9-27-85; Am. Ord. 91-44, §§ 1, 2, eff. 5-3-91; Am. Ord. 2010-44, § 1, eff. 11-16-10; Ord. No. 2020-003, § 18, eff. 3-2-20).

(a) Any employee of the city who resigns, or is removed for cause, or retires under the retirement provisions of this Code, shall be [paid] for all accumulated Management, Annual, Vacation, Holiday, and Supplemental Sick Leaves, and accrued overtime, if any, at the time of separation from active employment. If an employee dies, the employee's estate shall be entitled to the accumulated pay listed above unless otherwise pre-designated in writing by the employee and on file with the city.

(b) Employees shall receive their full entitlement to Vacation or Annual Leave for the calendar month of separation of city service if such separation occurs after the 15th day of such month.

(Added Ord. 5988, 1961, based on former Sec. 2-1674; Am. Ord. 6943, 1967; Ord. No. 2020-003, § 19, eff. 3-2-20).

(a) The Police Chief shall have the power, on the application of any person showing the necessity therefore, to appoint volunteer Reserve Police Officers to do volunteer police duty in the City of Fresno, at no expense to the city.

(b) Application for appointment as a volunteer Reserve Police Officer shall be made to the Police Chief. Before appointing any person a volunteer Reserve Police Officer, the Police Chief shall first cause an investigation of the applicant to be made, and shall refuse to appoint anyone as a volunteer Reserve Police Officer unless, as a result of the investigation, the character of the applicant is found to be satisfactory and above reproach. In addition, no person shall be appointed a volunteer Reserve Police Officer unless they are a citizen of the United States, have received the training required by California Penal Code Section 832, and at a minimum must possess a current Basic Peace Officer Standard Training Certificate.

(c) Every person appointed a volunteer Reserve Police Officer shall:

(1) Take an oath administered by, and filed in the office of, the City Clerk that they will faithfully perform the duties of a volunteer Reserve Officer of the city;

(2) Be issued an identification card in the form prescribed by the Police Chief, containing a statement of the scope of the volunteer appointment;

(3) Sign an agreement holding the city harmless from liability for any activities outside the scope of the volunteer appointment, in a form approved by the City Attorney.

(d) In cases of great public emergency, all volunteer Reserve Officers shall be subject to call by the Police Chief for active general police duty.

(e) All volunteer Reserve Officers shall conform in all respects to whatever rules and regulations of the Police Department are applicable to them.

(f) Any volunteer Reserve Officer may be removed or discharged from service by the Police Chief at any time without cause.

(Added Ord. 5988, 1961; based on former Sec. 2-1506; Am. Ord. 81-77, § 1, eff. 7-31-81; Ord. No. 2020-003, § 20, eff. 3-2-20).

(a) No member of the police department shall perform any law enforcement, traffic safety, or crowd control services while wearing a city police uniform, badge, or other equipment bearing a city insignia, for any person or entity other than the city, except as provided below.

(b) In conformance with any applicable city approved labor memorandum of understanding, any person or entity who desires or is required to provide a uniformed city officer or volunteer reserve office for law enforcement, traffic safety, or crowd control purposes shall file a written request for such services with the Police Chief or designee stating the nature of the event, the number of officers requested, the approximate length of time such services will be required, and an agreement to pay for the city for the services.

(c) The Police Chief may approve or disapprove such request in their sole discretion; provided, however, that when a request is received from a person or entity charged with the management or control of any city-owned or operated property or facility for police protection for an event scheduled on or at such property or facility, the Police Chief shall furnish such officer as they deems necessary (considering the hours during which the activity or event is to occur, the type and nature of the activity, the age or character of the participants therein, and the age or character of the audience most likely to attend the same) to enforce the law, maintain the public peace, and protect such property and the public at large.

(d) The person or entity requesting police services pursuant to this section shall, prior to filing of an application hereunder, deposit sufficient funds with the Controller (or make arrangements satisfactory to the Controller) to pay for such services at the rate fixed by the Controller, including the cost of workers' compensation insurance and fringe benefits applicable to such services, if any. At the conclusion of such services, the Police Chief shall report to the Controller the names of the officers actually utilized and the number of hours worked by each. The Controller shall thereupon bill the person or entity requesting such services for the cost thereof and the same shall constitute a debt to the city.

(e) When assigned for duty hereunder, officers shall be police personnel of the police department or volunteer reserve officers appointed and authorized in Section 3-120 of this Code and shall be under the general supervision of the Police Chief or any officer in charge under their command and in conformance with any applicable city approved labor memorandum of understanding.

(Added Ord. 72-15, 1972; Amd. Ord. 78-137, § 1, eff. 9-29-78; Am. Ord. 2005-142, § 1, eff. 1-12-06; Ord. No. 2020-003, § 21, eff. 3-2-20).

The city, recognizing the need for additional law enforcement services during a time of severe budgetary constraints, hereby adopts the following ordinance under its authority as a charter city, for the constitution, regulation, and government of the city police force (Cal. Const. Art. XI, § 5) and to preserve the peace, health, safety, and general welfare of its citizens.

(a) The city may contract to provide supplemental law enforcement services to private individuals or private entities to preserve the peace. Contracts entered into pursuant to this section shall provide for full reimbursement to the city of the actual costs of providing those services, as determined by the City Controller.

(b) The services provided pursuant to this section shall be rendered by regularly appointed full-time peace officers, as defined in Section 830.1 of the Penal Code, or as negotiated with the respective certified employee organizations.

(c) Peace officer rates of pay shall be governed by a city approved labor memorandum of understanding.

(d) A contract entered into pursuant to this section shall encompass only law enforcement duties and not services authorized to be provided by a private patrol operation, as defined in Section 75821.1 of the Business and Professions Code.

(e) Contracting for law enforcement services, as authorized by this section, shall not reduce the normal and regular ongoing service that the city would otherwise provide.

(f) The Chief of Police is authorized to contract with private parties and to adopt rules and regulations governing the application of this section.

(Added Ord. 98-30, eff. 6-19-98; Ord. No. 2020-003, § 22, eff. 3-2-20).

(a) Deductions from an unclassified employee's existing salary or reductions in an unclassified employee's future salary for job performance are detrimental to city employee morale, stable employee relations, and are an inefficient means of providing city services.

(b) Deductions from an unclassified employee's existing salary or reductions in an unclassified employee's future salary for job performance are prohibited.

(c) This prohibition shall apply to all unclassified city employees, including those under an employment agreement or covered by an applicable city approved labor memorandum of understanding which took effect prior to the effective date of this Section.

(Added Ord. 2006-131, § 1, eff. 10-12-06; Ord. No. 2020-003, § 23, eff. 3-2-20).

(a) It is the policy of the City, in order to safeguard City funds and provide for transparency and accountability, that there be full disclosure and comparative analysis of the terms, conditions and compensation applicable to employment of, contracting for, and services of its officers, employees, elected officials and consultants.

(b) Council may establish by resolution policies and procedures to implement this section.

(Added Ord. 2010-38, § 1, eff. 9-27-10).

Individuals who volunteer as interns within an office of a City Councilmember may be issued a maximum stipend of $500 per month for the duration of the internship to defray out of pocket and incidental expenses related to the internship. Stipends shall be allocated from the discretionary budget of the Council District for which the intern volunteers.

(Added Ord. 2017-11, § 1, eff. 4-8-17).

(a) This section shall be known and may be cited as the Toni Hunter Organ Donor Protection Act.

(b) Full-time and part-time employees in permanent positions shall be granted the following leave of absence with pay:

(1) A leave of absence not exceeding 30 work days of the employee who is a major or vital organ donor in any one-year period, for the purpose of donating their organ to another person, beginning on the day of the procedure, or earlier if deemed medically necessary.

(2) A leave of absence not exceeding five work days of the employee who is a bone marrow donor in any one-year period, for the purpose of donating their bone marrow to another person, beginning on the day of the procedure, or earlier if deemed medically necessary.

(c) In order to receive a leave of absence pursuant to subdivision (b), the employee requesting the leave shall provide written verification from a physician that they are an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

(d) Any period of time during which the employee is required to be absent from their position by reason of being an organ or bone marrow donor is not a break in their continuous service for the purpose of their right to salary adjustments, leave accruals including paid holidays, and continuation of the employee's health and welfare benefits.

(e) Notwithstanding any existing law, bone marrow and organ donation leave shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act or the California Family Rights Act.

(f) Leave provided pursuant to this section may be taken in one or more periods.

(g) Leave provided pursuant to this section shall not be granted if the employee requesting such leave is already out on any other paid leave.

(Added Ord. 2019-036, § 1, 11-24-19).

Annual Leave established by city approved memorandum of understanding or salary resolution can be used in accordance with Section 3-107 and 3-108.

(Ord. No. 2020-003, § 24, eff. 3-2-20)