Monterey Municipal Code Art. 11 General Working Conditions

a.Department heads shall be responsible for maintaining employee attendance records, which shall be reported to the Finance Director in the form and at the time prescribed.

b.An employee who is unable to report for work at the beginning of the established shift shall notify the immediate supervisor in accordance with departmental rules. Failure to provide this notification within one hour after start time may result in the unreported period of absence being considered as leave without pay. An employee who is absent without notification may be presumed to have resigned after three (3) consecutive work shifts after reasonable attempts by the City to notify the employee of such a presumption.

c.In order to ensure employee availability for the protection of life and property, and to otherwise serve the health, safety and welfare of the community, the City Manager is authorized to direct employees to report to work a under a declared emergency condition. This response time may vary by operating unit, the type of personnel involved and the type of emergency.

The basic workweek for full-time regular employees shall be forty (40) hours, rendered in units of eight (8) hours per day in a workweek which runs Saturday through Saturday, or as set forth in the appropriate memorandum of understanding. The City Manager may assign a different workweek when it is deemed to be beneficial to the City. For purposes of conformance with the Fair Labor Standards Act, work periods shall be defined as follows:

1.The work period for all City employees, except those listed below, shall commence on Saturday at 12:01AM (0001 hours) and end the next Saturday at 12:01AM (0001 hours). This will be referred to as the Saturday Work Week.

2.The following employees and departments are exceptions from the above and shall have a work week commencing and ending on the days of the week or periods indicated below:

a.Parking Enforcement personnel in the Parking Division shall have a work period commencing on Thursday at 12:01AM (0001 hours) and ending on the next Thursday at 12:01AM (0001 hours). This will be referred to as the Thursday Work Week.

b.The Assistant Harbormaster at the Harbor/Marina Division shall have a work period commencing on Tuesday at 12:01AM (0001 hours) and ending on the next Tuesday at 12:01AM (0001 hours). This will be referred to as the Tuesday Work Week.

c.Library Department personnel shall have a work period commencing on Sunday at 12:01AM (0001 hours) and ending on the next Sunday at 12:01AM (0001 hours). This will be referred to as the Sunday Work Week.

d.Conference Center Division personnel shall have a work period commencing on Monday at 3:00AM (0300 hours) to Monday at 3:00AM (0300 hours). This shall be referred to as the Monday Work Week.

e.Non-Sworn personnel in the Police Department shall have a work period commending on Sunday at 7:00AM (0700 hours) to Sunday at 7:00AM (0700 hours). This shall be referred to as the Sunday Work Week/P.D.

3.Public Safety employees, utilizing the 7(k) exemption provided for in the Fair Labor Standards Act, shall have the following work periods:

a.Fire personnel working on shift shall have a work period defined under the 7(k) exemption which shall be fifteen (15) days calling for one hundred fourteen (114) hours, commencing at 7:45AM (0745 hours) and concluding 24 hours later at 7:45AM (0745 hours) the following day. For purposes of calculating overtime under the City overtime rules, the Work Period shall be defined as calling for one hundred twenty (120) hours. The specific application of this rule is defined in the Memorandum of Understanding between the City and the Monterey Fire Fighters Association.

b.All sworn Police personnel shall have a twenty-eight (28) consecutive day work period commencing on Sunday at 7:00AM (0700 hours) and ends on the Sunday which is 28 days later at 7:00AM (0700 hours).

4.Persons replacing another employee for vacation, illness, or other reason for one week or more shall assume the work week for that position.

5.The City Manager may assign different work periods for employees subject to the provisions of the Fair Labor Standards Act.

a.An employee desiring to leave the Classified Service in good standing shall submit a letter of resignation to the immediate supervisor. This letter shall be submitted at least two (2) weeks in advance of the effective date of separation, except under extraordinary circumstances. Where no letter of resignation is provided, the employee will be considered as abandoning the position and will not be considered for re-employment.

b.Upon separation, the resigning employee’s name shall be removed from all promotional eligible lists, but at the employee’s request, shall be retained on any open-competitive eligible list subject to the provisions of Section 8.05 of these Rules.

a.A regular employee who resigns in good standing may within ninety (90) calendar days of separation request to be placed on a reinstatement list for their former classification for a period not to exceed one (1) year from the date of resignation.

b.An employee refusing reinstatement to either the former classification or a comparable classification for which qualified, shall automatically be removed from the reinstatement list. The failure of a former employee to respond to a reinstatement notice within ten (10) working days of its mailing shall be deemed a refusal of reinstatement. Such notices shall be directed to the last address of record and sent by certified mail. The Human Resources Director (Ord 3385; 02/07) may extend or waive this response period where circumstances warrant.

c.Upon reinstatement, all rights and benefits acquired by the employee prior to resignation shall be restored, including credit for years of employment towards seniority including previous pay step. In no event, however, will the City be required to restore credits for vacation or other benefits paid out at the time of separation or coverage for any group insurance programs for the period the employee was not working for the City.

a.The following provisions shall not apply to positions designated as Management in the annual salary schedule. Where the provisions of this Section conflict with the Fair Labor Standards Act, the provisions of this Section shall prevail, so long as benefits under this Section meet the minimum requirements of the Fair Labor Standards Act. Under no circumstance shall an employee receive benefits under this Section and the Fair Labor Standards Act.

b. Definition and Authorization.

1.Weekly overtime shall be defined as all hours worked in a pay status in excess of the 40-hour workweek for general non management, and 56 hours for uniformed operations fire personnel.

2.Daily overtime shall be defined as hours worked in excess of the applicable scheduled 8-hour or 10-hour workday for the classifications of Police Officer and Sergeant.

3.In order to be eligible for overtime compensation, the overtime must be authorized beforehand by the department head or designated representative.

4.For purposes of determining overtime, time worked is any time in a pay status.

c. Compensation.

1.Except as provided below or set forth in the appropriate memorandum of understanding, all overtime authorized and worked shall, at the employee’s discretion, be compensated in either cash at time-and-one-half the employee’s regular rate of pay, or compensatory time off at time-and-one-half the number of hours worked. The rate of pay for the purpose of computing overtime shall include, if applicable, the following pay types: regular base pay, cash-in-lieu, educational incentive pay, and additional salary. The regular rate of pay used for computing overtime worked shall be the rate that was applicable at the time the overtime was worked. Employees must notify their departments of their selection between cash and compensatory time off before the payroll is submitted to the Finance Department for the pay period in question. If the employee does not indicate a preference, the overtime hours will be paid.

2.Compensatory time off earned under this Section is limited to a maximum, depending upon bargaining group, as established by memorandum of understanding. Compensatory time off earned in excess of these limits shall be paid in cash to the employee at the employee’s current prevailing rate of pay as defined above.

3.All use of compensatory time off shall be scheduled and approved in advance by the department head or designated representative.

d. Disposition of Accrued Compensatory Time Off Upon Promotion or Reclassification.Should an employee be promoted or reclassified from a classification which is eligible to receive compensatory time off to a classification which is ineligible to receive overtime and accrue compensatory time off, the employee shall be given the following options for disposing of any accrued compensatory time off which they possess at the time such a change in classification occurs.

1.The employee may receive pay for the accrued bank of compensatory time off (overtime) at the base rate of pay they received in their prior classification; or

2.The employee may elect to retain the bank of accrued compensatory time (overtime) for use until June 30th of the current fiscal year, when any remaining balance shall be paid. If the promoted or reclassified employee selects this option, the rate used for calculation of the accrued overtime shall be the employee’s regular rate of pay in the former classification at the time of promotion or reclassification.

a. Compensation.

1. General Non-management Employees.General non-management employees who are authorized to work on the City holidays set forth in Section 12.04, which would otherwise be a normal duty day, shall only be compensated in cash or compensatory time off at the overtime rate for the number of hours worked. When a non-management general employee is required to work on a holiday which would be their scheduled day off, they shall be compensated in cash or compensatory time off at the overtime rate for the number of hours worked and accrue holiday time for the same number of hours worked.

2. Management Employees.Executive Management and Management personnel, who are authorized by their supervisor to work on City holidays, shall be compensated in cash or in time off at the employee’s straight time base rate of pay for actual hours worked. The employee may elect to retain the bank of accrued compensatory time off for use until June 30 of the current fiscal year, when all accrued holiday time is paid off in cash. If the employee is promoted or reclassified, the rate used for calculation of the accrued holiday shall be the employee’s regular rate of pay at the time the holiday time was earned.

3. Police Employees - Non-management.Sworn police department personnel shall be compensated in cash or holiday time off at the base straight-time rate of pay for all hours worked on a City holiday.

4. Fire Employees - Non-management.Fire operations personnel shall be compensated for 104 hours annually of holiday time. This represents thirteen (13) eight (8) hour days. At each quarter year interval, fire operations personnel shall be able to elect from two options in regard to the method of compensation. The two options are:

a.8.67 hours paid each month at the employee’s fire call rate of pay; or

b.13.00 hours accumulated each month at straight time.

If an employee has reached the maximum accrual in their compensatory time off bank, then all hours will automatically be paid. All pay and accrual time will be recorded on the second pay period of the month (16th to end of the month). New employees will have holiday hours pro-rated according to the number of remaining holidays in the year from their date of hire.

5.The maximum accumulation bank of holiday time shall be forty (40) hours. For non-management Fire personnel, the maximum accrual bank for holiday time and compensatory time off (overtime) shall be as described in the Fire Memorandum of Understanding.

6.Employees must be in a paid status on the day before and after a holiday in order to be compensated for the holiday.

a. Coverage.This Section shall apply to all full-time positions in the Classified Service except:

1.All Management positions as so designated in the City’s classification system; and

2.Those classes of employment requiring a postsecondary degree as an entrance requirement for employment; and

3.Employees hired by the City after July 1, 1990 and, in the case of uniform Fire personnel, employees hired by the City after October 1, 1990.

b. Compensation.Covered employees who comply with the eligibility provisions of this Section shall, upon application, receive compensation equal to:

1.2.5% of their base monthly salary upon satisfactory completion of thirty (30) units of college level, job-related courses.

2.5% of their base monthly salary upon satisfactory completion of sixty (60) units of such job-related course work; or by presentation of certification indicating attainment of an Associate of Arts, Bachelor of Arts, Bachelor of Science or higher degree. Covered sworn police personnel may qualify for the 5% increment through attainment of an Advanced Certificate from the Commission on Peace Officers Standards and Training (P.O.S.T.).

c.The total maximum salary increment attainable under the Plan shall be 5%.

d.College-level units earned prior to employment with the City or during the first year of City employment shall be counted toward the attainment of the above unit requirements provided the other requirements of this Rule are satisfied. However, any education required as a condition of employment shall be excluded.

e.Proof of completion of course work requirements shall be submitted to the department head indicating the specific courses and credits completed, together with transcripts or other documentation as may be required by the Human Resources Director (Ord 3385; 02/07). This information shall be submitted on forms provided by the Human Resources Director (Ord 3385; 02/07). The Human Resources Director (Ord 3385; 02/07) shall approve or disapprove eligibility for additional compensation and transmit the necessary documentation and recommendations to the Finance Department. Following appropriate processing by the Finance Department, the documentation and recommendations provided by the Department shall be submitted to the Human Resources Director (Ord 3385; 02/07). The Human Resources Director (Ord 3385; 02/07) shall be responsible for insuring full compliance with the provisions of this Section and for processing the transaction in the manner provided below.

f.Additional compensation due under this Section shall commence the first pay period following submission and approval of the above documentation, provided said documentation is received and approved by the Personnel Department on or before the close of the payroll period.

g.Additional compensation shall cease as of the effective date of appointment to a position not covered by the Plan.

h. Qualifying Course Work.

1.All course work undertaken in connection with the Plan must have the prior approval of the department head. In addition, all courses must be taken during the employee’s off-duty hours for which the employee is not receiving any form of compensation from the City.

2.Qualifying course work must be both job related and at a college level in accordance with the definitions provided below. Plan credits shall not be given for work experience, even though an academic institution may have given credit for such experience, until such time as a qualifying degree is granted by such institution. However, the Human Resources Director (Ord 3385; 02/07) may grant approval, for covered general employees, for a course of instruction which does not lead to the accumulation of college units, but which clearly will increase the employee’s job-related skills and knowledge. The equivalency of such instructional hours to a college unit shall be in the range of 36 to 54 hours equalling one college unit. Such equivalency values shall be established by the Human Resources Director (Ord 3385; 02/07) in consultation with the department head prior to the commencement of the course work, and the employee shall be so advised.

i. Definitions.

1.“Base Pay” shall mean the monthly salary as set forth for the range and step of the eligible person in the annual salary schedule and shall specifically exclude any form of premium pay, other direct compensation and supplemental benefit.

2.“Satisfactory Completion” shall mean a grade of “C” or better in each course. Not more than one third of the total number of units considered for Educational Incentive pay may be on a “credit only” or “pass/fail” basis (limit of 10 out of 30 units; 20 out of 60 units). Units earned with a “Credit Minus” or “Fail” (D or F) grade will not be eligible under the Educational Incentive Plan. Repeated courses will not be counted except when the course is repeated to earn a satisfactory grade not earned when the course was initially taken.

3.“College Level” shall mean any post-high school educational institution accredited by the California State Department of Education, the Western Association of Schools and Colleges, or equivalent organizations in other states or countries, or which has the prior approval of the Human Resources Director (Ord. 3385, 2007)

4.“Job Related” shall mean any college-level course related to technical or specialized aspects of the employee’s position, as well as courses meeting general educational degree requirements which are reasonably job-related. Course work may also be included if it can be reasonably demonstrated that it will prepare the employee for promotional consideration for an existing City classification. The Human Resources Director (Ord 3385; 02/07) shall determine the eligibility of all courses. In the case of doubt prior to taking a course, the employee shall request the written determination of the department head in advance of enrollment in the course.

5.“Unit” shall mean a unit as established by the educational institution.

a.In circumstances where an off-duty employee is directed to return to work to meet emergency situations, or to provide necessary relief in the absence of personnel normally scheduled to work during that period, that employee may be entitled to callback compensation as established by appropriate memorandum of understanding.

a.Designated employees who are placed on standby status may be entitled to standby compensation as established by appropriate memorandum of understanding.

a. Coverage.The provisions of this Section shall apply to all positions in the Classified Service, including those designated as Management and Executive Management. The eligible courses and amount of tuition reimbursement received by an employee shall be as established under the appropriate memorandum of understanding or benefits resolution.

b.Such courses must be taken during the employee’s off-duty time, have the prior approval of the department head and be completed with a final grade of at least a “C” or its equivalent. Upon successful completion of the course, the employee shall submit a request for reimbursement to the department head, together with a grade record or other suitable certification, and proof of payment. In the case of executive management, the information and proof required in this Section shall be submitted to the City Manager for approval.

In the application of the provisions of these Rules, all additional compensation shall be computed separately on the employee’s base straight-time rate of pay, which includes the Education Incentive Plan. In no event shall one form of additional compensation be computed on top of, or in addition to, any other form of compensation or supplemental benefit(s).