Vallejo Municipal Code Ch. 2.60 Employment Regulations

"Advancement" means a salary increase within the limits of the pay range established for a class.

(Ord. 259 N.C. § 1.01, 1957.)

"Appoint" means the action of an appointing authority to place a person in a specified position. (Ord 259 N.C. § 1.02, 1957.)

"Class" means all positions sufficiently similar in duties, authority, responsibility and working conditions to permit grouping under a common title and the application with equity of common standards of selection, appointment, transfer, promotion and compensation.

(Ord. 259 N.C. § 1.03, 1957.)

"Classification plan" means the assembled specifications for all classes.

(Ord. 259 N.C. § 1.13, 1957.)

"Classify" means to determine the nature of tasks and degrees of difficulty and responsibility of a given position that identify it as a given classification.

(Ord. 259 N.C. § 1.04, 1957.)

"Class specification" means a description of a single class. It normally includes:

A. Definition, stating purpose of such work in the city's service, and the level of responsibility;

B. Typical tasks;

C. Employment standards, setting out minimum requirements of education, training, experience, skills, knowledge and abilities;

D. As pertinent, a statement of distinguishing characteristics, and if appropriate, specification of perquisites or compensation therefor;

E. As pertinent, physical standards.

(Ord. 259 N.C. § 1.25, 1957.)

"Commission," when used alone, means the civil service commission of the city of Vallejo.

(Ord. 259 N.C. § 1.05, 1957.)

"Compensatory time off" means working time off, granted as compensation for overtime worked.

(Ord. 259 N.C. § 1.06, 1957.)

"Continuous service" is defined as the period of time between the date of appointment and the date of separation during which an employee renders compensable service to the city of Vallejo, provided, however, that periods not exceeding fifteen consecutive working days during which an employee, (a) is separated or laid off from the city service immediately prior to reinstatement or reappointment thereto, (b) is on leave of absence without pay, or (c) is suspended without pay, shall also be included in computing length of continuous service. While an approved leave of absence without pay, suspension without pay, or layoff, for such period as may be in excess of fifteen consecutive working days is not to be included in computing length of continuous service, further service immediately following such an interlude shall be considered a continuation of the service immediately preceding such interlude.

(Ord. 864 N.C. § 1, 1968: Ord. 259 N.C. § 1.32, 1957.)

"Demotion" means the separation of an employee from a position in a given classification and the appointment of that employee to a position in a classification having a lower maximum salary rate.

(Ord. 259 N.C. § 1.07, 1957.)

"Leave of absence" means the action by competent authority, made in writing, to authorize an employee to be absent from duty. Leaves of absence may be granted for reasons set out in these rules, and may be with or without compensation.

(Ord. 259 N.C. § 1.09, 1957.)

"Overtime work" means work performed during any hours or on any day during which the employee could have been off duty without loss of pay or accrued compensatory time off credit or accrued leave credit.

(Ord. 259 N.C. § 1.10, 1957.)

"Part-time (positions)" means fewer than eight hours per work-day or fewer than five days per work week.

(Ord. 259 N.C. § 1.11, 1957.)

"Performance rating" means a grade, or other index, which is determined from appraisals of an employee's performance of tasks.

(Ord. 259 N.C. § 1.12, 1957.)

"Positions and salaries ordinance" means an ordinance of the city council enacted annually, which continues and creates positions for occupancy during a specified fiscal year, and sets the number and maximum salary rates therefor.

(Ord. 259 N.C. § 1.15, 1957.)

"Probationary period" means a working test period during which an employee is required to demonstrate his fitness for the duties of the position to which he has been appointed, by actual performance of such duties.

(Ord. 259 N.C. § 1.16, 1957.)

"Probationer" means an appointee to a regular position who has not served the full probationary period in a regular position of that class.

(Ord. 259 N.C. § 1.17, 1957.)

"Promotion" means the appointment of a city employee to a position in a class whose maximum salary rate is higher than the maximum salary rate for the class of the position the employee occupied prior to promotion.

(Ord. 259 N.C. § 1.18, 1957.)

"Rate" means the amount of money and a step in an established salary range paid to any employee for each pay unit of working time; viz, per-hour or per-month.

(Ord. 259 N.C. § 1.20, 1957.)

"Reduction" means a salary decrease within the limits of the pay range established for a class.

(Ord. 259 N.C. § 1.21, 1957.)

"Regular" means a condition of status, opposed to temporary or noncivil service. The term "regular" may be used to describe the status of an employee or a position, as follows:

A. With respect to the status of a position: One which apparently will be needed continuously and indefinitely into the future and which, therefore, has been established by enumeration in the annual positions and caries ordinance;

B. With respect to the status of an employee: One who has first been qualified as an eligible, and has thereafter been appointed to a regular position, and has thereafter served satisfactorily the required probationer period.

(Ord. 259 N.C. § 1.22, 1957.)

"Rejection" means the separation of an employee from the service during his probationary period.

(Ord. 259 N.C. § 1.23, 1957.)

"Salary plan" means the assembled ranges of salary rates for all classes, together with provisions for administration of said salary ranges.

(Ord. 259 N.C. § 1.14, 1957.)

"Salary range" means a series of salary rates, separated by approximately equal intervals, which rates are paid to occupants of positions in the class to which the range applies, according to administrative provisions of the salary plan.

(Ord. 259 N.C. § 1.19, 1957.)

"Selection" means those actions taken to determine which, of all persons recruited and tested, shall be appointed to, and retained in the city's service. "Selection" includes investigation, interview, examination and probationary period.

(Ord. 259 N.C. § 1.24, 1957.)

"Status" means a condition which is either regular, temporary or noncivil service.

A. With respect to an employee: His situation as to rights, privileges and perquisites of employment, as provided for city employees, by the Charter, civil service rules and this chapter;

B. With respect to a position: Its probable tenure, as indicated by provision for its occupancy in the positions and salaries ordinance.

(Ord. 259 N.C. § 1.26, 1957.)

"Suspension" means the temporary separation of employees from the city's service without pay, pending further decision or action.

(Ord. 259 N.C. § 1.27, 1957.)

"Temporary" means a condition of status, contrasted with regular. The term "temporary" may be used to describe the status of an employee or a position, as follows:

A. With respect to the status of an employee: One who has neither regular status, nor is a probationer,

B. With respect to the status of a position: One whose tenure cannot be estimated at more than six months, or whose tenure depends upon receipt of unpredictable revenue from sporadic or brief activities of the city.

(Ord. 259 N.C. § 1.28, 1957.)

"Tenure" means the duration of the city's need to continue a position, or the duration of an employee's right, under personnel administration rules, to occupy the position to which he has been appointed.

(Ord. 259 N.C. § 1.29, 1957.)

"Transfer" means the changing of an employee's appointment from one position to another in the same class, or in another class having substantially the same salary range, and involving the performance of similar duties and requiring substantially the same basic qualifications.

(Ord. 259 N.C. § 1.30, 1957.)

"Work day" means any day on which the employee concerned must be on duty, under penalty of loss of pay, or loss of accrued leave credit, or loss of compensatory time off credit, as determined by the work schedule of his position.

(Ord. 259 N.C. § 1.31, 1957.)

Policy shall be governed by Section 160 of the City Charter.

(Ord. 259 N.C. § 2.00, 1957.)

A. The official salary plan shall be made effective during each fiscal year, by the city council's adoption of the annual positions and salaries ordinance or resolution, which shall:

1. Continue or abolish positions which existed on the last day of the preceding fiscal year;

2. Create new positions;

3. Prescribe the number of regular positions authorized for each department, division, branch, section and other unit of the city's organization.

B. The salary plan shall be administered as follows:

1. Entrance Step. The beginning or normal hiring rate will usually be at the first step. Every new employee shall be paid the first step on employment, except that the city manager, or other designated appointing authority, may authorize payment:

a. Of the second or third step as the hiring rate if:

i. Labor supply is unusually restricted and employment cannot be accomplished otherwise, or

ii. The person to be hired is unusually well qualified;

b. Of the fourth or fifth step as the hiring rate as determined by the city manager or other designated appointing authority for exceptional reasons which shall be documented in the appointing action.

2. Eligibility for Advancement. Time in step shall begin on the first day of the payroll period if employment occurs during the first five days of the payroll period. If an employee begins work after the fifth day of any payroll period, time in step shall begin on the first day of the ensuing payroll period. The following time-in-step requirements create eligibility for the next higher step:

a. First Step: Normal hiring rate with no prior job experience;

b. Second Step: Employee eligible after completion of six months satisfactory work in the first step or the equivalent of proven prior experience;

c. Third Step: Employee eligible after at least six months satisfactory work in the second step or the equivalent of proven prior experience:

d. Fourth Step: Employee eligible after at lest one year fully satisfactory work in the third step or the equivalent of proven prior experience;

e. Fifth Step: Employee eligible after at least one year fully satisfactory work in the fourth step.

3. Use of Performance Ratings. Periodic performance ratings shall guide supervisors and department heads in assisting employees to improve their job skills. Department heads and immediate supervisors will be responsible for developing individual performance standards for each position or group of similar positions. The employees in each classification will be encouraged to participate in developing performance standards for class in which they work. The personnel director will prepare procedures and coordinate the development and maintenance of performance standards on a current basis.

4. Change in Pay When Employees Change Classification.

a. Salary on Promotion. Any employee promoted to an open position in a classification with a higher salary range shall be placed on step 1 in the new higher range or placed at the next step which provides at least a minimum five percent salary increase for the employee, not to exceed the highest step of the new range. The employee's performance evaluation date shall change to the effective date of the promotion for consideration in subsequent years. When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion indicate that a higher step would be in the city's best interests, upon written recommendation of the department head, the city manager may authorize payment of a salary at a higher step in the new salary range.

b. Reclassification Upward. When a position is reclassified to a classification having a higher salary range, and the incumbent employee is appointed to the position so reclassified, the salary rate of such employee appointed to the reclassified position will normally be placed at the first step in the higher range, provided that the present salary of such employee shall be continued if it is higher than the first step in the higher range.

c. Reclassification Downward. When a position is reclassified to a classification having a lower salary range and the incumbent employee is appointed to the position so reclassified, the salary rate of such employee will normally remain at the current rate. If the current rate then exceeds the maximum step of the new range, salary will be frozen at its current level until the incumbent leaves the position.

5. Pay for employees in an "acting" basis, of a higher paying position for an extended period may receive additional compensation at the discretion of the appointing authority. Relief during vacation leave shall not be considered an extended period.

6. All rates in the official salary plan are in dollars per month, and constitute full payment for services indicated as full-time for each classification. The substance of this paragraph shall not be construed to limit awards for outstanding service, length of service and meritorious actions above and beyond the call of duty.

a. Hourly Pay Rates. The hourly rate of an employee shall be calculated by dividing his total monthly rate by the product of 4.333 and the number of hours in his normal work week.

b. Hourly Pay Rates—Part-Time Employees. The hourly rate for part-time employees will normally be calculated from the third step of the salary range for the classification to which the part-time employee is appointed. In cases where the labor supply is unusually restricted or the part-time employee is unusually well qualified the appointing authority may authorize hourly payments based on the fourth or fifth step of the salary range. The appointing authority may authorize hourly payments based on the fourth or fifth step for exceptional reasons provided the reasons are documented in the appointed action.

7. In addition to the live steps in the salary plan, a salary differential which may include use of a residence and other perquisites on which a monetary value can be placed may be granted when both (a) a special assignment is involved, and (b) the salary differential is approved by the city manager.

8. Shift Differential. Night work premium shall be paid to each employee, except those herein provided, who works a regularly scheduled eight hour shift between the hours of four p.m., and eight a.m. A full shift shall be eligible for night work differential pay if at least five eighths of the shift is after four p.m., or before eight p.m. The rate shall be five percent cash payment of the employee's current salary in addition to the employee's regular salary. This five percent shift differential shall apply only to the actual number of hours worked for which shift differential pay is authorized.

Employees not eligible for such shift differential shall include:

a. Uniform members of the police and fire department.

b. Employees on part-time or temporary status.

(Ord. 279 N.C.(2d) § 1, 1975; Ord. 815 N.C. § 1.00, 1967: Ord. 259 N.C. § 2.05, 1957.)

(Ord. No. 1743 N.C.(2d), § 1, 10-25-2016)

Any employee who, on separation from the city's service, has unused credit for vacation leave or for compensatory time off, shall be compensated for such credit at his regular rate for normal work period. Unused sick leave credit shall not be compensated, on separation of an employee.

(Ord. 259 N.C. § 2.06, 1957.)

Neither a transfer or a disability transfer shall have the effect of advancing the salary rate of the employee transferred during the fiscal year in which such transfer is accomplished. Disability transfer shall be accomplished only at a salary rate lesser than that which the employee received in the position from which he has been transferred.

(Ord. 259 N.C. § 2.07, 1957.)

Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of employees which shall be reported to the personnel officer on the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within twenty-four hours of the date of an absence shall be cause for immediate suspension unless the employee proves to the satisfaction of the city manager such failure was excusable.

(Ord. 259 N.C. § 6.01, 1957.)

All offices of the city, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays and holidays, continuously from eight-thirty a.m., until five-fifteen p.m. Every "full-time" employee shall work a minimum of eight hours per work day. Employees whose positions require a different schedule than that generally applied, shall work according to regulations and positions specifications prepared by the supervising official concerned and approved by the city manager.

(Ord. 259 N.C. § 6.02, 1957.)

A. The city manager may grant a regular employee leave of absence with or without pay for not to exceed one year if either or both of the following should be found:

1. Employee's occupation during leave of absence will improve his proficiency in his city employment and his return is desirable in the city's interest;

2. Employee's circumstance is such that he must resign if leave is not granted and his performance is such that his return is desired and the inconvenience of his absence is thereby justified.

B. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the civil service commission. Authority to grant leave of absence shall include authority to abrogate such leave of absence.

(Ord. 259 N.C. § 6.21, 1957.)

Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in a position of the same or equivalent class as that he held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration, or within a reasonable time after abrogation of leave or notice to return to duty, shall be cause for dismissal.

(Ord. 259 N.C. § 6.22, 1957.)

Annual vacation leave is a right; the time at which vacation is taken is a privilege. Vacation leave shall be granted at times approved by the department head concerned.

(Ord. 259 N.C. § 6.31, 1957.)

Each employee shall be eligible for vacation leave of absence after six months of satisfactory full-time employment.

(Ord. 259 N.C. § 6.33, 1957.)

Credit to vacation leave records shall be posted as follows:

A. Employees entering the service of the city prior to January 1, 1969:

1. Employees with less than fifteen full years of continuous service shall be credited at the rate of one and one-quarter working days vacation leave for each calendar month of service.

2. Employees with more than fifteen full years of continuous service shall be credited at the rate of one and two-thirds working days of vacation leave for each calendar month of service.

B. Employees entering the service of the city on or after January 1, 1969:

1. Employees with less than five full years of continuous service shall be credited with vacation leave at the rate of five-sixths of one working day for each calendar month of service.

2. Employees with more than five but less than fifteen full years of continuous service shall be credited with vacation leave at the rate of one and one-quarter working days for each calendar month of service.

3. Employees with more than fifteen full years of continuous service shall be credited with vacation leave at the rate of one and two-thirds working days for each calendar month of service.

C. Vacation Leave for Department Heads. Notwithstanding the provisions of subsections A and B above, all employees identified as department heads under Section 2.64.020A of this title, with less than fifteen full years of continuous service shall be credited at the rate of one and one-quarter working days vacation leave for each calendar month of service. Such employees with more than fifteen full years of continuous service shall be credited at the rate of one and two-thirds working days vacation leave for each calendar month of service.

D. Eligibility for Vacation Leave.

1. On January 1st of each year every full-time employee who has completed six months of satisfactory employment shall be credited with the number of days of vacation leave they are entitled to in accordance with subsections A and B of this section.

2. Regular part-time employees whole normal work week averages twenty or more hours shall be credited with vacation leave in proportion to their actual time worked and in accordance with subsections A and B of this section. Part-time employees whose normal work week is less than twenty hours shall not be credited with vacation leave.

(Ord. 137 N.C.(2d) § 1, 1973: Ord. 864 N.C. § 2, 1968; Ord. 374 N.C. § 1, 1960; Ord. 259 N.C. § 6.34, 1957.)

A. If on any January, credits to be posted to the accrued vacation leave record of any employee, other than a department or division head as specified in the administration ordinance, will cause the total accrual to exceed a two year entitlement of vacation leave as authorized under Section 2.60.430 A and B, then only the amount of vacation leave needed to bring the total to a two year entitlement shall be posted, and the excess credits shall be canceled irrevocably, unless leave request of the employee has been postponed by the employee's department or division head. Not later than December 10th of each year, the personnel director shall give written notification to employees who would lose vacation days if allowed to carry over into the next succeeding year by virtue of this section.

B. Additional vacation leave granted in lieu of holidays for employees who are required by the nature of their duties to work on holidays is subject to cancellation only if the total accrual of vacation leave credits exceeds a two year entitlement which shall include the additional vacation leave granted in lieu of holidays.

C. If on any January 1st, credits to be posted to the accrued vacation leave record of department and division heads, as defined in the administration ordinance, will cause the total accrual to exceed a three year entitlement of vacation leave, as authorized under Section 2.60.430 A and B, then only the amount needed to bring the total to a three year entitlement shall be posted, and the excess credits shall be canceled.

(Ord. 864 N.C. § 3, 1968: Ord. 662 N.C. § 1.00, 1964: Ord. 259 N.C. § 6.35, 1957.)

A. All fire department personnel who work on a shift (platoon) basis shall accrue vacation leave and shall have vacation leave deducted on a twenty-four hour shift basis. The number of twenty-four-hour shifts allowed for vacation leave shall be as follows:

TWO WEEKS' ENTITLEMENT

THREE WEEKS' ENTITLEMENT

FOUR WEEKS' ENTITLEMENT

B. Fire department shift personnel may elect to take entire vacation at one time, or vacation may be split into two or more parts at the employee's option based upon the seniority selection procedure set forth in Administrative Rule 2.10 dated December 11, 1972. Vacation shall be taken in full twenty-four-hour shifts. Fractions of a twenty-four-hour shift shall be carried until another full twenty-four-hour shift is accumulated, which may be taken as vacation leave in a subsequent year.

C. Fire department shift personnel shall continue to receive in lieu of holiday pay at one and one-half times their regular compensation at the employee's option up to three twenty-four-hour shifts per calendar year.

D. Upon termination or retirement from service, all fire department shift personnel shall be paid for accumulated vacation shifts, or fractions of such shifts, which have not been taken subject to the maximum accumulation limitation set forth in Section 2.60.440.

(Ord. 129 N.C.(2d) § 1, 1972: Ord. 259 N.C. § 6.351, 1957.)

As of July 1, 1957, all employees whose vacation leave accrual exceeds thirty days will be given until the following January 1st to reduce said vacation leave accrual to fifteen days.

(Ord. 259 N.C. § 6.352, 1957.)

A. Whenever any employee is granted, and takes, any vacation leave, the number of work days which occur during the leave shall be subtracted from the employee's record of accrued vacation leave. In calculating such reductions, holidays shall not be counted as work days except for those employees who are required to work on holidays by the nature of their duties. For employees with regular part-time status each work day's absence shall count as one eight hour work day.

B. Whenever any employee is paid, upon separation, for remaining accrued vacation leave credit, that credit shall be subtracted from his record. Whenever any probationer is separated, any leave credit on his record accrued during his probationary service shall be subtracted and canceled without payment to the probationer.

(Ord. 259 N.C. § 6.36, 1957.)

Every full-time employee shall devote his time, attention and effort to the service and welfare of the city while on duty. He shall not engage in any off-duty business, occupation or calling for compensation without obtaining the approval of his department head. Off-duty employment will be approved if it does not interfere with the full and efficient performance of duty at all times, if there is not a demonstrable conflict of interest between outside employment, and if employment is covered under the State Compensation Insurance Fund or a comparable accident and health insurance policy approved by the personnel director.

(Ord. 259 N.C. § 6.37, 1957.)

Military leave, as defined in state law, shall be granted to any regular employee.

(Ord. 259 N.C. § 6.41, 1957.)

Any employee who is granted military leave may be paid at his regular rate for no more than a maximum of thirty calendar days, in any calendar year, while on such leave, except that further compensation may be allowed past this time period as provided for in a resolution of the city council.

(Ord. 1505 N.C.(2d), 2003: Ord. 259 N.C. § 6.42, 1957.)

All employees entitled to military leave shall give the appointing authority an opportunity, within limits of military regulations, to determine when such leave shall be taken.

(Ord. 259 N.C. § 6.43, 1957.)

Any employee of the city of Vallejo when duly called by public authority to serve on any jury and when unable to be excused therefrom shall be granted leave with pay by the personnel director; but shall pay to the city all and any amounts paid to him for such jury service.

(Ord. 259 N.C. § 6.44, 1957.)

Any employee who is granted leave for jury duty may paid at his regular rate, to a maximum of thirty calendar days, in any calendar year while on such leave.

(Ord. 259 N.C. § 6.45, 1957.)

The following terms as used in this section and Sections 2.60.550 through 2.60.710 shall mean:

A. "Accrued leave" means that number of work days which remains, after subtracting from total sick leave accrued, the sum of:

1. Sick leave taken; plus

2. Sick leave canceled, as otherwise provided in these rules.

B. "Holiday" means any day on which the employee concerned may be absent from duty without loss of pay, or loss of accrued leave credit, or loss of compensatory time-off credit, as determined by the work schedule of his position.

C. "Sick leave" means:

1. An illness that physically incapacitates any employee from performing his duties;

2. Injury incurred in the line of duty or while on approved leave with pay, except where such injury is traceable to employment by an employer other than the city;

3. Medical, dental, or eye examination or treatment for which appointments cannot reasonably be made outside of working hours;

4. Pregnancy of the employee which physically incapacitates the employee from performing her duties.

D. "Special leave" for the following reasons, when accepted, shall be chargeable against sick leave credits:

1. Exposure to contagious disease when the presence of the employee for duty would endanger the health of others;

2. Death in the immediate family;

3. Hospitalization of a member of the immediate family;

4. Providing care for a member of the immediate family where such member is seriously ill or injured and who requires the care or attendance of the employee.

E. "Workers' compensation leave" shall be granted to a full-time regular employee who sustains an injury or disability arising out of and in the course of his employment with the city and who by reason thereof becomes entitled to receive compensation under provisions of the Workers' Compensation and Safety Act of the state of California, or under any state law. The provisions of state law establishing a maximum length of time to be taken for workers' compensation leave by uniformed police and fire personnel shall apply to police and fire personnel of the city. All other full-time, regular employees of the city shall be entitled to workers' compensation leave during the period that such disability continues, not to exceed a maximum of ninety days for any injury or disability.

(Ord. 309 N.C.(2d) § 1, 1976; Ord. 302 N.C.(2d) §§ 1, 2, 1975; Ord. 159 N.C.(2d) § 1, 1973; Ord. 259 N.C. §§ 6.51, 6.511—6.514, 1957.)

A. Special leave with pay is a privilege and not a right.

B. In order to be eligible for workers' compensation leave, the employee shall assign to the city any workers' compensation benefits allowed him for the period during which he remains on the city's payroll.

C. Workers' compensation leave shall not affect sick leave. An employee shall not lose credited sick leave on account of any injury or disability arising out of and in the course of his employment with the city when such employee becomes entitled to receive compensation under provisions of the workers' Compensation Insurance and Safety Act of the state of California, or under any state law.

(Ord. 302 N.C.(2d) §§ 3 and 4, 1975; Ord. 259 N.C. §§ 6.521, 6.522, 6.5221, 1957.)

A holiday occurring when an employee is on sick leave because of illness or injury, or a holiday occurring when an employee is on workers' compensation leave shall be counted as a holiday and not charged as a sick leave day except for employees who are required to work on holidays.

(Ord. 302 N.C.(2d) § 5, 1975: Ord. 259 N.C.§ 6.5231, 1957.)

Sick leave or workers' compensation leave will not be accrued where the injury or illness is directly traceable to employment other than with the city, or where the injury or illness is caused by the employee's serious and wilful misconduct, as such terms are defined and interpreted under the Workers' Compensation and Safety Act of the state of California.

(Ord. 302 N.C.(2d) § 6, 1975: Ord. 259 N.C. § 6.5232, 1957.)

Sick leave shall automatically terminate and be canceled on the date of the retirement of the employee or on the date an ordinary disability allowance under the Retirement System becomes effective.

(Ord. 259 N.C. § 6.5233, 1957.)

A certificate by a medical doctor or other practitioner acceptable to the appointing authority to support sick leave or serial leave may be required by the appointing authority for any duration if an employee's absence from duty recurs frequently or habitually or when in the judgment of the appointing authority evidence indicates reasonable cause for requiring such a certificate.

(Ord. 259 N.C. § 6.5234, 1957.)

A. Inability to work because of intemperance or "hangover" is not an acceptable reason for sick leave absence.

B. Ordinary tiredness, indisposition, restlessness, muscular fatigue, etc., are not valid reasons for sick leave.

(Ord. 259 N.C. §§ 6.5235, 6.5236, 1957.)

An employee who is laid off for reasons that are not discreditable to him shall, if reappointed within forty-eight months, have restored any accrued sick leave existing at the time of his layoff. When an employee is transferred to another position or department, his accrued sick leave shall continue to be available. Upon resignation or discharge, all accrued and unused sick leave shall be forfeited.

(Ord. 259 N.C. § 6.5237, 1957.)

An illness or injury not incurred in the performance of duty which incapacitates the employee from working may be a valid reason for sick leave. Absence for such reason is not approved without a certificate by a medical doctor or other practitioner recognized by the appointing authority. A certificate must be filed for each pay period of continued absence. As a matter of good health practice and to ensure proper productivity, it is required that a pregnant employee must not continue her employment without a statement from her physician clearly approving of the employee's full performance of all duties and functions normally required.

(Ord. 309 N.C.(2d) § 2, 1976: Ord. 259 N.C. § 6.5238, 1957.)

Time off for doctor, dentist, or ocular appointments may be taken as sick leave if the appointment is necessary because of illness, injury, dental care or eye examinations. Not more than two hours a day of sick leave is authorized for each appointment, except under unusual circumstances. Several such absences during a pay period may be accumulated and itemized on the same sick leave report. Employees should be requested to secure dental, medical or ocular appointments on their own time, but where this is not possible, appointments should be secured to reduce to a minimum the time away from the job.

(Ord. 259 N.C. § 6.5239, 1957.)

Each employee who has completed six months of fulltime service will be eligible for sick leave with pay.

(Ord. 259 N.C. § 6.53, 1957.)

A. The accrual of sick leave credits shall be recorded by an entry system of debits and credits, in columns headed. respectively, "Credits," "Debits" and "Available Balance."

B. Credit to sick leave records shall be posted as follows:

1. Upon satisfactory completion of six months of full-time service by any regular employee, his record shall be credited with one day's sick leave for each full month between date of employment and the end of the current calendar year.

2. Upon satisfactory completion of six months of service by any regular status part-time employee, his record shall be credited with one-half day's sick leave for each full month between date of employment and the end of the current calendar year.

3. On January 1st of each year the record of each employee who completed six months of satisfactory employment shall be credited with twelve month's sick leave for the calendar year beginning on that date.

(Ord. 259 N.C. §§ 6.541, 6.542, 1957.)

Sick leave with pay or special leave with pay, which is chargeable to sick leave and earned in accordance with Section 2.60.650B, shall accumulate indefinitely without limitation.

(Ord. 864 N.C. § 4, 1968: Ord. 259 N.C. § 6.55, 1957.)

Whenever any employee is granted and takes any sick leave, the number of work days which occur during said leave shall be subtracted from the footing of the "Available Balance" column.

(Ord. 259 N.C. § 6.56, 1957.)

All fire department personnel who work on a twenty four hour shift (platoon) basis shall accrue sick leave by days, not hours, at the rate of one twenty-four hour day of sick leave each month, and credit for such sick leave shall be posted in accordance with the provisions of Section 2.60.650.

(Ord. 159 N.C.(2d) § 2, 1973: Ord. 259 N.C. 6.54, 1957.)

All fire department personnel who work on a twenty-four hour shift (platoon) basis when granted sick leave shall have sick leave deducted as follows:

A. Sick leave shall be deducted by days, not hours;

B. For absence from a scheduled on-duty shift, one day of sick leave shall be deducted;

C. When such personnel are permitted to take sick leave for less than a full twenty-four hour day, sick leave shall be charged to the nearest quarter day.

(Ord. 159 N.C.(2d) § 3, 1973: Ord. 259 N.C. § 6.561, 1957.)

Sick leave shall be granted only by the appointing authority. In order to receive compensation while on sick leave, an employee shall notify his immediate superior, or if his superior cannot be contacted, the personnel director prior to, or within four hours after the time set for beginning his daily duties, or as may be specified by the head of his department. When absence is of more than one day, the employee shall file a physician's certificate or a personal affidavit with the personnel director, stating the cause of absence.

(Ord. 259 N.C. § 6.57, 1957.)

Sick leave of greater duration than that calculated as provided in Section 2.60.660, shall not be granted. However, within provisions of Section 2.60.410 through Section 2.60.410 hereof, accrued vacation leave and accrued overtime credits may be used to extend the period of leave with pay up to the maximum credited for the particular employee with such leave with pay deducted from vacation leave and overtime credits.

(Ord. 250 N.C. § 6.571, 1957.)

The personnel department shall maintain sick leave records, as provided in Sections 2.60.650 through 2.64.590 above. Department heads shall indicate on timerolls, all sick leave taken by department members, by entering symbol prescribed therefor. The personnel department shall audit timeroll record of sick leaves taken, by comparison with authorizations issued by the city manager, and shall stop payment to any employee for any unauthorized leave.

(Ord. 259 N.C. § 6.58, 1957.)

Death of a member of the immediate family may be accepted as a reason for the use of special leave credits. Not over three days of such special leave credits may be taken for each such instance. The three day allowance is to be regarded as a maximum allowance and should be used only where actually necessary. In the event a holiday or regular days off fall within the three days, these days are counted but not charged to special leave. (Note: A member of the immediate family means the mother, father, husband, wife, son, daughter, brother, sister or dependent of the employee.) Not more than one day of leave may be taken for the death of aunt, uncle, grandparents, in-laws or other persons living in the immediate household of the employees. (Note, a housekeeper, servant, landlady or member of the household in which the employee rents a room or boards is not included for purposes of this section.)

(Ord. 259 N.C. § 6.601, 1957.)

An absence to care for a member of the immediate family who is seriously ill or injured and who requires the care or attendance of the employee is authorized, but not over three days of such special leave may be taken in any calendar year for this reason. The following standards will govern the granting of special leave for family care:

A. "Member of the immediate family" means the mother, father, husband, wife, son, daughter, brother or sister of the employee.

B. The member of the immediate family must be seriously ill and there must be a real need for someone to give care to or attend the seriously ill member of the family and no one other than the employee is available to give this care. Leave is not authorized when another member of the household is present and capable of providing the care or attendance.

(Ord. 259 N.C. § 6.602, 1957.)

Hospitalization of a member of the immediate family is a valid reason for special leave under the following conditions:

A day's absence may be authorized for the employee to be at the hospital on the day of an operation, on the day of the birth of his child or in the event of critical illness of the member of the immediate family. Absences for these reasons of more than one day may be authorized on special leave only if a doctor provides a written statement that the employee's presence, away from work, is required.

(Ord. 259 N.C. § 6.603, 1957.)

While on vacation, if an employee finds it necessary to render family care or attend the funeral of a member of the immediate family or be present at the hospital, special leave is not authorized since the employee is already available.

(Ord. 259 N.C. § 6.604, 1957.)

A. If, in the opinion of the appointing power, an employee is incapacitated from performing the duties of his position on account of sickness or injury, such employee may be required to submit himself for examination to the city health officer or physicians or other practitioner approved by the city manager.

B. If the report of such physician or physicians shows the employee to be in an unfit condition to perform his duties, the department head shall have the authority subject to the approval of the city manager, to compel such employee to take sufficient leave of absence as will be necessary to fit him to perform the duties of his position; provided, however, if such employee is eligible for disability retirement under provisions of the City Charter, the city manager may order the personnel officer to submit the medical report of said physician or physicians to the retirement board for the purpose of considering the retirement of the employee for permanent disability.

(Ord. 259 N.C. § 6.63, 1957.)

When used in Sections 2.60.780 through 2.60.890, the words and term listed hereafter shall be construed as follows:

A. "Overtime" means:

1. Time during which an employee performs assigned tasks, said time being that during which employee could have been absent without loss of pay, loss of leave credit or loss of compensatory time off credit;

2. In the case of an employee whose regular days off are other than both Saturday and Sunday, a holiday which falls on a day off shall be considered overtime worked and compensated accordingly. In no case, however, shall a holiday which falls on a Saturday be compensated. Employees who, by the nature of duty may be required to work on holidays (i.e., policemen, firemen, treatment plant operators) will not be compensated for holidays under the provisions of Sections 2.60.780 through 2.60.890 (see Section 2.60.430).

B. "Overtime work" means work performed during overtime in compliance with order of competent authority.

(Ord. 259 N.C. § 6.71, 1957.)

A. Overtime work shall be used only in emergencies, or temporarily to use skills of employees in work outside their regular classes.

B. Work performed by supervisory employees which are: department, division and branch heads as specified in the administration ordinance, and employees in positions whose regular duties as defined in class specifications, require work during irregular or extended hoes as a standard part of the position, shall not be considered as overtime work.

(Ord. 259 N.C. §§ 6.72, 6.721, 1957.)

A. Only the city manager and the department head concerned may authorize overtime work.

B. When a department head can anticipate the necessity for overtime work, he may authorize such work only on written permission of the city manager.

C. When an emergency requires overtime work, and time available is insufficient to secure the city manager's permission, the department head concerned may authorize such work; but he shall report in writing and justify such action to the city manager, on the following regular work day.

(Ord. 259 N.C. § 6.73, 6.731, 6.732, 1957.)

Compensation for overtime work performed by employees of one department pursuant to request of the head of another department, shall be charged to the request department.

(Ord. 259 N.C. § 6.74, 1957.)

Overtime work shall be compensated by granting compensatory time off at the rate of one and one-half times the amount of actual overtime worked, or cash payment at a straight time rate for actual overtime worked. The employee shall indicate his preference or election of the manner in which overtime worked shall compensated, provided, however, that the city manager of the city of Vallejo shall have the right, after consultation with such representative as may be designated by such employee, to compensate the overtime worked at the straight time rate, if, in the opinion of the city manager, the compensation of overtime worked by granting time off works or would be likely to work a demonstrable and unwanted hardship upon the city of Vallejo.

(Ord. 925 N.C. § 1, 1969: Ord. 815 N.C. § 2.00, 1967: Ord. 259 N.C. § 6.75, 1957.)

In departments, divisions and branches which operate a seven-day week, twenty-four-hour day schedules, it may not be practicable, in all cases to grant compensatory time off within the limitations of Section 2.60.810. In such cases, the department head may certify to the personnel director that such granting would have worked an unwarranted hardship upon the department and upon such certification, the credit shall be extended for one month. By that process, the credit may be extended, on monthly certification, until but in no case, beyond the next granting of annual vacation leave to the employee concerned. At that time, the city manager may authorize accumulated compensatory time off in a period of consecutive days coterminous with the period of vacation leave; provided, however, that a combination of vacation leave and compensatory time off shall never be authorized for more than thirty consecutive work days.

(Ord. 259 N.C. § 6.751, 1957.)

It is the intention of this rule to recognize that "as needed" and some seasonal and temporary employees, have no expectation of reasonably continuous employment and no enjoyment of collateral privileges extended to regular employees. Accrued overtime credits of such employees may be compensated by cash payment, on approval by the city manager.

(Ord. 259 N.C. § 6.752, 1957.)

A. Except as provided otherwise herein, overtime worked shall be compensated by time-off with pay. Such compensatory time off shall be scheduled by the head of the department concerned, based upon the following priority:

1. Requirements of department's work;

2. Preferences of the employee concerned.

B. After approval by the city manager, a department head may grant compensatory time off, for overtime yet to be worked within the current timeroll period. If, for any reason, such overtime is not worked within the current timeroll period, then the time allowed as related compensatory time off shall be treated as leave without pay or vacation on the timeroll.

C. Except to eliminate accrued credit balances which exceed multiples of four hours, department heads shall, as general policy, authorize compensatory time in full days and half days, only.

(Ord. 259 N.C. § 6.753, 1957.)

Each full-time employee; excluding police and fire department employees, who is called back to work on any day after he has completed a full work day or who is called back to work on a holiday or weekend and who actually reports for work, shall be compensated at time and-one-half cash payment for time actually worked and the compensation for each call-out shall be not less than two hours. Call-out time shall be paid those employees required to stand by on a regular schedule to provide for emergency repairs or to ensure the continuous operation of essential services.

(Ord. 815 N.C. § 3.00, 1967: Ord. 259 N.C. § 6.754, 1957.)

Each full-time employee, excluding police and fire department employees, who is placed on standby shift by his department or division head, with prior approval of the city manager, shall be compensated two hours straight time pay for each weekday standby shift, and four hours pay at the straight time rate for each weekend day or holiday shift which is worked. The first weekend day shall begin at eight a.m. Saturday morning, and the second weekend day shall end at eight a.m. Monday morning. Employees not eligible for overtime compensation as described in Section 2.60.780B are not eligible for standby time.

(Ord. 925 N.C. § 2, 1969: Ord. 259 N.C. § 6.755, 1957.)

A. Each department head shall keep a memorandum record of overtime credit for employees under his supervision.

B. The personnel department shall keep a permanent record of overtime worked, by employee.

C. Overtime worked and compensation allowed thereof shall be indicated by department heads with symbols specified by the personnel director, on timerolls.

(Ord. 259 N.C. § 6.761, 1957.)

A. Unless exception is authorized in writing by the city manager, department heads shall ensure that compensation for overtime worked in any month shall be allowed not later than the second month following the month in which such overtime was worked.

B. The personnel department shall analyze accrued overtime records continuously and shall keep the city manager informed of the status of compliance with this limitation.

(Ord. 259 N.C. § 6.762, 1957.)

A. Accrued overtime credit shall be recorded in work days, hours and half-hours. Overtime worked of less than thirty minutes shall not be credited. Except as provided hereinafter, overtime shall be credited at straight time, at the half-hour nearest the amount of time worked.

B. Overtime worked by hourly and daily-paid employees, who do not work on a monthly basis, shall be credited at time and one-half, at the half-our nearest the amount of time so calculated.

C. Overtime worked during unusual or especially arduous conditions in the presence of an emergency may be credited, upon the recommendation of the appropriate department head and the city manager and approval of the city council, at time and one-half at the half-hour so calculated.

(Ord. 259 N.C. § 6.771, 6.772, 6.773, 1957.)

An employee wishing to leave the competitive service in good standing shall file with the supervising official at least one week before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the personnel director with a statement by the department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying further employment by the city. The resignation of an employee who fails to give notice shall be reported to the personnel officer by the department head immediately.

(Ord. 259 N.C. § 7.01, 1957.)

Responsibility for developing training programs for employees shall be assumed jointly by the appointing authority, the personnel officer and department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the efficiency and broadening the knowledge of municipal officers and employees in the performance of their respective duties.

(Ord. 259 N.C. § 8.10, 1957.)

Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the personnel officer.

(Ord. 259 N.C. § 8.20, 1957.)

Except as otherwise provided in this section, no person convicted of a felony or misdemeanor involving moral turpitude shall be eligible for employment in either the nonclassified or the competitive civil service of the city; provided, however, that the appointing authority may disregard such conviction if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification or position applied for is unrelated to such conviction.

The city council may, from time to time, designate by resolution the officers in the city authorized to have access to "state summary criminal history information" as provided for in Section 11105 of the Penal Code of the state of California.

(Ord. 404 N.C.(2d) § 1, 1977.)

A. The city manager and city attorney shall implement a system of performance evaluations for all city of Vallejo employees subject to their respective control and direction. This program shall be governed by the City Charter, Section 803, Personnel Ordinance, Subsection j, and be implemented under Administrative Rule No. 2.13.

B. Under direction of the city manager, the human resources director will prepare procedures and coordinate the development and maintenance of performance standards on a current basis.

C. Departmental directors and immediate supervisors will be responsible for developing individual performance standards for each position or group of similar positions which are subject to their respective control and direction.

(Ord. 1433 N.C.(2d) § 1 (part), 2000.)

A. Regular full-time and part-time employees will receive performance evaluations a minimum of once per year. Nothing shall prevent a supervisor from conducting additional evaluations as deemed necessary for any employee during the course of the given year.

B. In order to determine eligibility for step increases, employees will receive performance evaluations in accordance with Section 2.60.340. Entry level employees at a minimum will receive performance evaluations at two, four, six and twelve months. For employees whose probationary period is eighteen months, performance evaluations will also occur at fifteen and eighteen months. Employees who are transferred or promoted will also receive performance evaluations at two, four, and six months, and annually thereafter.

(Ord. 1433 N.C.(2d) § 1 (part), 2000.)