South El Monte Municipal Code Ch. 2.64 Personnel System

As used in this chapter the following definitions shall apply:

"Classification"

means a position or positions assigned to the same job title.

"Classified service"

means all classifications in the city service except those in the unclassified service.

"Employee"

means an individual compensated through the city payroll and assigned to a classification in the classified service.

"Position"

means the duties and responsibilities assigned to an employee within a classification.

"Prevailing pay rate"

means the regular hourly pay rate paid to an employee for the performance of the duties of a classification.

"Seniority"

means the total time employed as a full-time employee of the city.

"Service"

means employment within the city.

"Unclassified service"

consists of the following:

Elective officers;

Individuals serving on boards, commissions and agencies;

Individuals performing services under contract;

City attorney;

Individuals performing services during a declared emergency;

Individuals appointed to part-time or seasonal classifications;

City manager, assistant city manager, all heads of departments and any other position or classification so designated by resolution of the city council;

Volunteers;

Individuals performing services on a temporary basis.

(Prior code §1-15-1; Ord. 693 §1, 1983; Ord. 1060 §1, 2004)

The personnel system is adopted to create a uniform procedure for administering personnel matters; to attract to the city service the most capable persons available; to assure that appointments and promotions of employees shall be based on merit; and to provide a reasonable degree of job security for employees.

(Prior code §1-15-2; Ord. 693 §1, 1983)

All appointments to positions or classifications in the city service shall be made by the city manager in accordance with the personnel rules; provided, however, that all appointments to positions or classifications involving heads of departments and any other position or classification included in the unclassified service by resolution of the city council under subsection (H)(7) of Section 2.64.010, shall be made by the city manager, subject to the consent of the city council. Such individuals shall hold office or employment at and during the pleasure of the city manager. An assistant city manager shall be appointed by and serve at the pleasure of the city council.

(Prior code §1-15-3; Ord. 693 §1, 1983; Ord. 1060 §2, 2004)

The city manager shall be responsible for the administration of the personnel system and shall perform the following duties:

A. Prepare and recommend to the city council, personnel rules and revisions and amendments to such rules;

B. Prepare a classification plan, including job specifications, for all classifications in the city service;

C. Prepare a plan of compensation governing all classifications in the city service;

D. Provide for the publishing or posting of notices of examinations for classifications in the classified service; the receiving of applications therefor; the conducting and grading of examinations; the certifying of a list of all persons eligible for appointment to the classified service;

E. Serve as the city's representative during labor negotiations with any recognized employee organization;

F. Process disciplinary actions, grievances and appeals in accordance with the personnel rules.

(Prior code §1-15-4; Ord. 693 §1, 1983)

The personnel rules shall be adopted by resolution of the city council after recommendation from the city manager, after notice has been publicly posted at least five days prior to city council consideration.

(Prior code §1-15-5; Ord. 693 §1, 1983)

The city council may contract with any qualified private person or entity or any governmental entity for the performance of technical services in connection with the operation and administration of the personnel system, including any of the services to be performed by the city manager.

(Prior code §1-15-6; Ord. 693 §1, 1983)

A. Except as the appointing authority requires to the contrary, all offices of the city shall be open for business from eight a.m. to five p.m. on all days except Saturdays, Sundays and legal holidays.

B. Employees in the classified service shall, except as provided to the contrary, work at least forty hours per week.

C. An employee whose duties require an irregular work schedule shall work according to a schedule approved by the city manager.

(Prior code §1-15-7; Ord. 693 §1, 1983)

Twenty-six pay periods are established for employees in every fiscal year.

A. The workweek shall be defined as beginning on Sunday and end on Saturday, with the pay period consisting of eighty regular work hours for full-time employees.

B. Wages and salaries shall be paid on the Thursday following the end of the pay period.

C. When city offices are closed on the scheduled payday, payment for services shall be made on the day prior to the scheduled payday.

(Prior code §1-15-8; Ord. 693 §1, 1983; Ord. 1043 §1, 2003)

A. An employee in the classified service shall be considered to be working out of class whenever such employee performs the duties of a position in a class other than such employee's regularly assigned class. The city manager may work an employee out of class because of the resignation, promotion, transfer, reassignment, suspension, illness or other absence of the employee in writing of any assignment involving working out of class.

B. An employee assigned to work out of class shall be eligible for additional compensation during such assignment only after completion of more than 15 consecutive working days of service in the out-of-class position. Beginning on the 16th consecutive working day and continuing thereafter until the employee is reassigned to the regular class, such employee shall receive additional compensation for the hours worked out of class in whichever following manner compensates the employee to the greater extent:

1. A 5% increase in the employee's regular salary;

2. Receipt of the starting salary of the out-of-class position; or

3. A salary increase in excess of 5% and up to a maximum of 10% of the employee’s regular base salary, subject to the discretionary approval of the city manager.

C. If an employee is required to work out of class for less than 15 consecutive working days, the city manager may not work such employee out of class, without the employee's written consent, for a period of 60 calendar days after the last day such employee worked out of class. Without the employee's written consent, the city manager may not assign an employee to work out of class for more than 60 calendar days. If an employee refuses to work out of class for more than 60 calendar days, the city manager may not assign such employee to work out of class again for a period of 60 calendar days after such employee's refusal.

D. Notwithstanding any other terms of this section, the city shall not compensate any employee for work performed out of the employee's regularly assigned class, unless the city manager assigns the employee, in writing, to work out of class.

(Prior code §1-15-9; Ord. 693 §1, 1983; Ord. 1284, 11/4/2025)

Employees in the classified service may be granted overtime work when the work is required outside the employee's regular working hours.

A. The assignment of overtime work shall be the responsibility of the division head with the department head and the city manager having the exclusive authority to authorize overtime work. All overtime work shall receive prior authorization, except in the case of immediate emergency, in order for the employee to receive compensation.

B. Employees shall receive either pay, calculated at one and one-half times their prevailing pay rate, or compensatory leave, credited at one and one-half hours for each hour of overtime work. The employee shall determine whether he or she shall receive either pay or compensatory leave as compensation for overtime work.

C. Except as otherwise provided, overtime work shall be:

1. Work performed in excess of eight hours in a shift;

2. Work performed in excess of forty hours in a work week;

3. Work performed on the first and second scheduled days of rest;

4. Work performed at a time other than the scheduled shift;

5. Work performed during a holiday.

(Prior code §1-15-10; Ord. 693 §1, 1983)

The city shall provide employees with compensatory leave subject to the following conditions:

A. Upon advance written notice and provided that the employee's use of compensatory leave does not interfere with city operations, the city manager shall permit the employee to use compensatory leave at the employee's discretion. Employees may use compensatory leave along with any other authorized paid leave with the approval of the city manager.

B. When an employee separates from the city service for any reason, the employee shall be compensated for any accrued compensatory leave. The value of the accrued compensatory leave shall be calculated using the employee's prevailing pay rate on the date of the employee's separation from city service and shall be compensated at one hundred percent for any accrued compensatory leave.

(Prior code §1-15-11; Ord. 693 §1, 1983)

The city shall provide employees in the classified service with vacation leave.

A. Employees may use vacation leave at their own discretion, with the approval of the city manager, provided the use of the leave does not interfere with city operations.

B. Employees shall be credited with vacation leave at the following rates:

1. Eight hours for each month of service or major portion thereof from the date of appointment;

2. Ten hours for each month of service or major portion thereof upon commencement of the employee's sixth year of service;

3. Twelve hours for each month of service or major portion thereof upon commencement of the employee's eleventh year of service;

4. Thirteen hours and twenty minutes for each month of service or major portion thereof upon commencement of the employee's sixteenth year of service;

5. Sixteen hours and forty minutes for each month of service or major portion thereof upon commencement of the employee's twenty-first year of service.

C. Employees may accrue up to three hundred twenty hours of vacation leave and carry over such vacation leave from year to year.

D. Probationary employees may use vacation leave after satisfactorily completing the probationary period.

E. No legal holiday that falls during an employee's vacation may be charged against the employee as vacation leave.

F. When an employee separates from the city service, the employee shall be compensated at the rate of one hundred percent for any accrued vacation leave. The value of the accrued vacation leave shall be calculated using the employee's prevailing pay rate on the date of the employee's separation from city service.

(Prior code §1-15-12; Ord. 693 §1, 1983)

The city shall provide employees with sick leave subject to the following conditions:

A. Employees shall be credited with sick leave at the rate of eight hours of sick leave for each complete month of service from the date of appointment.

B. Employees may accrue an unlimited number of sick leave hours. Employees may use accrued sick leave only after completing their initial one month of service.

C. Employees may use sick leave at their discretion, but only in cases of actual personal sickness or disability. Sick leave may also be used for medical and dental appointments, and pregnancy. Sick leave may also be used in the event of illness to a member of the immediate family who is a relative by blood or marriage.

D. When an employee uses sick leave, the city manager may require the employee to present upon return to work a personal certification stating the reason for such sick leave. Upon request by the city manager, the employee shall present upon return to work a medical certification signed by a physician or licensed medical practitioner stating the reason for such sick leave, when abuse of sick leave is suspected.

E. When an employee wishes to use accrued sick leave, the employee shall notify the employee's supervisor either before, or within one hour after the time set for beginning the work period, of the intended absence due to sickness, unless the employee is incapacitated and physically unable to provide the required notification. Employees on sick leave shall daily inform the city manager of their physical condition, unless the employee notifies the city manager that he or she will be absent for an extended period of time.

F. When an employee with between one to five years of continuous service separates from the city service, the employee shall be compensated for fifty percent of the value of accrued sick leave. When an employee with more than five years but less than ten years of continuous service separates from the city service, the employee shall be compensated for seventy-five percent of the value of accrued sick leave. When an employee with more than ten years but less than fifteen years of continuous service separates from the city service, the employee shall be compensated for ninety percent of the value of accrued sick leave. When an employee with more than fifteen years of continuous service or those employees who are eligible for retirement with more than fifteen years of continuous service separates from the city service the employee shall be compensated for one hundred percent of the value of accrued sick leave. The value of accrued sick leave shall be calculated using the employee's prevailing pay rate on the date of the employee's separation from city service.

G. The city manager is authorized to approve an advance of sick leave prior to earning not to exceed fifteen working days for all employees, provided that the employee signs a written agreement stating that should he or she be subsequently separated from city service prior to its accrual, the final payroll check of such employee shall be reduced in an amount equal to the sick leave that has been used before accrual.

H. Classified employees not working in a job classification represented by a recognized employee organization and all other classified employees hired prior to July 1, 1988 who have accrued in excess of two hundred forty hours of sick leave may exchange the excess sick leave for monetary compensation on the following basis:

1. An employee employed by the city for less than five years may request monetary compensation for all sick leave accrued in excess of two hundred forty hours. Payment shall be made at the rate of fifty percent of the employee's straight time rate of pay.

2. An employee employed by the city for more than five years, but less than ten years, may request monetary compensation for all sick leave accrued in excess of two hundred forty hours. Payment shall be made at the rate of seventy-five percent of the employee's straight rate of pay.

3. An employee employed by the city for more than ten years may request monetary compensation for all sick leave accrued in excess of two hundred forty hours. Payment shall be made at the rate of ninety percent of the employee's straight rate of pay.

4. An employee's sick leave balance will be reduced by the amount of sick leave exchanged for monetary compensation.

(Prior code §1-15-13; Ord. 693 §1, 1983; Ord. 892, 1990; Ord. 932, 1993)

A. The city shall provide employees in the classified service with the following holidays with pay:

1. January 1st;

2. February 12th;

3. The third Monday in February;

4. The last Monday in May;

5. July 4th;

6. The first Monday in September;

7. September 9th;

8. The second Monday in October;

9. November 11th;

10. The Friday following Thanksgiving Day;

11. December 25th;

12. Employee's birthday;

13. Every day proclaimed by the president, governor or mayor of the city as a public holiday.

B. When any day granted as a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday respectively shall be considered the holiday. In order to be paid for a holiday, the employee must work the scheduled work period immediately before and the scheduled work period immediately after the holiday, unless the employee presents proof of illness satisfactory to the city manager.

C. Employees may use their birthday holiday at their discretion so long as the leave is taken within a year of the birthday.

D. Because of various religious beliefs, in order to observe religious holidays for each employee's personal faith, the employee may take a total of four hours off during each fiscal year. All employees shall notify their immediate supervisor twenty-four hours in advance as to what hours they wish to take off, and it will be subject to proper scheduling.

E. In addition to those holidays specified in subsection A of this section, one-half of employees shall have a holiday on Christmas Eve of each year and one-half of employees shall have a holiday on New Year's Eve of the same year. The decision of which employees shall take which of the two holidays shall be within the sole discretion of the city manager and shall be communicated to each employee not later than December 21st of each year. All employees shall be selected by the city manager for one or the other of such additional holidays, but in no event shall any employee be selected for both such holidays in the same year.

F. If a holiday falls on a day on which a full-time employee is not scheduled to work, that employee shall be entitled to eight hours of vacation leave to take at his or her discretion, with the approval of the city manager.

G. Employees required to work a holiday specified in subsection A of this section shall be entitled to either overtime pay or compensatory leave for each hour worked.

(Prior code §1-15-14; Ord. 693 §1, 1983)

On July 1st of each year, employees shall be granted twenty-four hours as personal leave for the purpose of conducting personal business during the employee's normal working hours subject to the following conditions:

A. The employee must provide the city manager with a written request for the use of the personal leave at least forty-eight hours in advance of the date on which the employee intends to use the personal leave.

B. If an emergency situation exists, as determined by the city manager, the employee may be granted personal leave without complying with subsection A of this section.

C. An employee may not use more than sixteen hours of personal leave in any one request.

D. If no personal leave is used during the year, one day of vacation leave shall be credited to the employee.

E. Probationary employees will be eligible for a day of personal business leave during their probationary period and will be eligible for the other two days during the remainder of the year.

(Prior code §1-15-15; Ord. 693 §1, 1983)

The city manager may grant the employee bereavement leave for a period not exceeding three working days for deaths within the employee's immediate family. "Immediate family" is defined as any relative by blood or marriage who is a member of the employee's household (under the same roof), and: the employee's spouse, parents or step-parents; spouse's parents or step-parents; brother, step-brother or half-brothers; sisters, step-sisters or half-sisters; children, foster children or step-children; grandparents; spouse's grandparents; grandchildren; aunts and uncles, regardless of the residence of the deceased.

(Prior code §1-15-16; Ord. 693 §1, 1983)

The city manager has the exclusive authority to approve an employee's request for a leave of absence from work, without pay. Such leave of absence shall not be approved unless the employee provided the city manager with a written reason for the request. The employee shall not lose any seniority for such leave of absence. After the expiration of an approved leave of absence without pay, employees shall be reassigned to the position that employee was assigned to the date the leave was granted.

(Prior code §1-15-17; Ord. 693 §1, 1983)