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HomeMy WebLinkAboutCity Council Resolution 14-067 - Amending personnel rules RESOLUTION NO. 14-067 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY OF SARATOGA PERSONNEL RULES AND POLICIES WHEREAS, the City of Saratoga is authorized and directed under the provisions of Section 2-40.050 (Adoption of Personnel Rules) of the Saratoga Municipal Code to adopt Personnel Rules and Policies (hereinafter referred to as the Personnel Rules) for the administration of the personnel system created in Chapter 2-40 of the Saratoga Municipal Code; and WHEREAS, the City of Saratoga is authorized to amend previously established Personnel Rules pursuant to Section 2-40.050 of the Saratoga Municipal Code; and WHEREAS, the objectives of these amendments to the Personnel Rules are to comply with a recent significant update to state law requiring paid sick leave and to increase flexibility on petitions for employee organizations; and WHEREAS, the Human Resources Manager, on behalf of the City, has met and consulted with the City's bargaining units wishing to meet and confer regarding these amendments; and WHEREAS, many policies in the Personnel Rules do not modify the terms and conditions of employees whose classifications are included in a bargaining unit's MOU or an Employment Agreement. However, if a provision of these amendments to the Personnel Rules actually conflicts with any provision of an applicable MOU, Employment Agreement or state or federal law, the MOU, Employment Agreement or state or federal law will prevail over the amendments to the Personnel Rules; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Manager in the interpretation of these Rules and Policies pursuant to Saratoga Municipal Code Section 2-20.050 (Powers and Duties of the city Manager). NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby approves and adopts the amendments to the City of Saratoga Personnel Rules and Policies attached as Attachment B replacing (1) Article 5, Section 9 regarding Temporary, Provisional, or Seasonal Employees; (2) Article 6, Section 3 regarding Paid Time Off(PTO); and (3) Article 22, Section 3, Subdivision 6 regarding the Procedure for Decertification of Exclusively Recognized Employee Organization; these amendments to the Personnel Rules supersede/replace previous Personnel Rules and resolutions. Page 1 of 8 The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on November 19, 2014 by the following vote: AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny Cappello, Chuck Page, Jill Hunter NOES: None ABSENT: None ABSTAIN: None Emily Lo, Mayor ATTEST: O DATE: ►`f ryst 1 Bothelio, City Clerk Page 2 of 8 Attachment B ARTICLE 5. EMPLOYEE STATUS Section 9. Temporary, Provisional or Seasonal Employee An employee who is assigned to work on a particular project or for a job of limited or indefinite duration is a temporary employee. A temporary employee: (1) does not hold regular status, (2) does not serve a probationary period, (3) can be dismissed at-will from City employment at any time without right of procedural due process, appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate in any City health and welfare benefits, accrue Paid Time Off (PTO) or other paid leaves, or receive any other benefits afforded to regular position appointments with the exception of Subdivision 1. Healthy Workplaces, Healthy Families Act of 2014. Subdivision 1. Healthy Workplaces, Health Families Act of 2014 Effective July 1, 2015, temporary, provisional, or seasonal employees will accrue paid sick days in accordance with the requirements of applicable state law. Accrual requirements: Paid sick days will be accrued at a rate of one hour per every 30 hours worked up to a permissible accrual cap of 48 hours, or 6 eight-hour days, unless the law is interpreted to allow a lower accrual cap, in which case that lower cap will apply. Accrual of paid sick leave requires the employee to have worked for the City for 30 days. After 30 days of work, paid sick leave accrues beginning at the commencement of employment or July 1, 2015, whichever is later. Carry-over and cap on accruals: Unused, accrued sick days carry over from the first year of employment to the next year, up to a permissible cap of 48 hours, or 6 eight-hour days. An employee is not allowed to accrue more than 48 hours of paid sick leave. Once an employee has accrued a total of 48 hours paid sick leave, no additional paid sick leave will accrue until the employee uses accrued paid sick leave and reduces the balance to less than 48 hours. Thereafter, paid sick leave benefits will continue to accrue on a prospective basis only until the employee reaches the 48-hour maximum. No retroactive credit will be given for the time when accrued paid sick leave was at the accrual cap (unless the law is interpreted to require this). Use of sick leave: Employees are entitled to use accrued paid sick days beginning on the 901h day of employment. The City will not advance paid sick leave. An employee may only use the paid sick leave that is accrued. An employee may not use more than 24 hours of paid sick leave each year, even if the employee has accrued more than this. Sick leave must be taken by exempt employees only in increments of one (1) hour or more in a workday. For example, when the employee leaves work for 1 or more hours early due to illness. Sick leave must be taken by non-exempt employees only in increments of 15 minutes (.25 hour) or more in a workday. For example, when the employee leaves work for 15 minutes or more minutes early due to illness. No pay-out of accrued sick leave upon termination: The City is not required to and will not provide compensation to an employee for accrued, unused paid sick days upon separation of Page 3 of 8 employment. However, if an employee separates from the City and is rehired within one year, previously unused paid sick days will be reinstated. Reasons for which sick leave can be used: Sick leave may be used for the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's family member. The definition of "family member" is broad and includes, for instance, children, parents, parents-in-law, spouses, registered domestic partners, grandparents, grandchildren, and siblings, among other persons. Sick leave may also be used for victims of domestic violence, sexual assault, or stalking. No discrimination or retaliation: The City will not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using or attempting to use accrued sick days or other protected activity under Labor Code 246.5(c). The City will comply fully with the California Healthy Workplaces, Healthy Families Act of 2014 by allowing an employee with accrued paid sick leave the right to use the accrued paid sick leave for the purposes for which leave is allowed to be used under this law. Please contact the Human Resources Division if you have any questions or concerns. ARTICLE 6. EMPLOYEE BENEFITS Section 3. Paid Time Off(PTO) The City provides Paid Time Off(PTO), also referred to as annual leave, benefits to regular full-time employees for the purpose of rest, relaxation, and interruptions from the workplace including vacation, illness, caring for children, school activities, medical/dental appointments, personal business, or emergencies. PTO for the purpose of illness may be used for the same purposes as described in the California Healthy Workplaces, Healthy Families Act of 2014 including but not limited to the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's family member. The definition of "family member" is broad and includes, for instance, children, parents, parents-in-law, spouses, registered domestic partners, grandparents, grandchildren, and siblings, among other persons. PTO may also be used for victims of domestic violence, sexual assault, or stalking. The City will comply fully with the California Healthy Workplaces, Healthy Families Act of 2014 by allowing regular full-time employees with PTO the right to use PTO for the purposes for which leave is allowed to be used under this law. Please contact the Human Resources Division if you have any questions or concerns. The City encourages employees to take time off in order to receive the personal replenishment value intended. All use of PTO is to be scheduled in advance and approved by a supervisor except in the case of illness or an emergency. PTO must be taken by exempt employees only in increments of one (1) hour or more in a workday. For example, when the employee leaves work for 1 or more hours early to take care of personal business. Page 4 of 8 PTO must be taken by non-exempt employees only in increments of 15 minutes (.25) or more in a workday. For example, when the employee leaves work for 15 minutes or more minutes early to take care of personal business. Subdivision 1. Eligibility All regular full-time employees are eligible to take and/or accrue paid time off based on their continuous length of service, measured from the date of hire. Continuous length of service is defined as service that is uninterrupted by termination of employment and subsequent rehire by the City. A leave of absence for legally protected reasons may not constitute a break in service when the law specifies that result. Subdivision 2. Paid Time Off (PTO) Accrual The amount of PTO earned each calendar year is based on the employee's continuous length of service. PTO hours are calculated as, earned on a bi-weekly accrual schedule. All PTO hours are based on compensated work hours. Therefore, PTO accruals for regular part-time employees scheduled to work less than 40 hours per week, as well as employees on a voluntary reduced work schedule shall be prorated accordingly. Employees will not accrue PTO hours while on unpaid status, (e.g., Short Term Disability (STD), Long Term Disability (LTD)), unless otherwise required by applicable law. Subdivision 3. Paid Time Off(PTO) Accrual Schedule for Full- Time Employees The accrual rates and maximum accrual of hours is the amount stated in the employee groups MOU or the below amount for employees whose amount is not specified in an MOU or for employees who are not governed by an MOU (unrepresented employees). Years of Service Days Accrued Hours Accrued Maximum Accrual Hours Years 0 thru 5 22 176 600 After 5 years 27 216 600 After 10 years 132 1256 600 Subdivision 4. PTO Upon Termination Upon separation from City service, the City will pay 100% of the employee's accrued paid time off (up to the 600 hours accrual maximum or the applicable MOD's specified maximum for accrual of PTO hours) at the employee's regular rate of pay. When an employee voluntarily resigns from employment, no paid time off may be used between the time the notice of resignation is given and the employee's last day of work, unless authorized in a written document signed by the City Manager. Subdivision 5. Payout at Retirement Upon retirement from City service, an employee may choose to use their accrued paid time off for the purpose of obtaining additional service credit under PERS. An employee may choose to use all of his/her accrued paid time off as sick leave for service credit. If an employee chooses to apply less than 100% of his/her accrued paid time off toward PERS service credit, the City will pay 100% of the employee's remaining accrued paid time off at the employee's regular rate of pay. Page 5 of 8 ARTICLE 22. EMPLOYER-EMPLOYEE RELATIONS POLICY Section 3. Representation Proceedings Subdivision 6. Procedure for Decertification of Exclusively Recognized Employee Organization 1. A Decertification Petition, alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit, may be filed with the City Manager in a decertification "open period," which is at any time following the first full year of recognition. 2. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30%) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. (1). Such proof shall be submitted for confirmation to the City Manager or to a mutually agreed upon disinterested third parry within 10 days of the filing of the decertification petition. 3. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent (30%), that includes the allegation and information required under paragraph 2 (d) of this Subdivision, and otherwise conforms to the requirements of Section 3, Subdivision 1. Page 6 of 8 a. The City Manager shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Section. (1) If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 3 Subdivision 10. The petitioning employees or employee organization may also submit a modified petition that addresses the concerns within 10 days. If the original petition is timely filed in an open period, the modified petition does not have to be filed in the open period. (PERB Dec.No. 2163) (2011). (2) If the determination of the City Manager is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. b. The City Manager shall thereupon arrange for a secret ballot election to be held on or about fifteen(15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 3 Subdivision 5. If a numerical majority of all valid votes cast in a decertification election are in favor of decertifying the Exclusively Recognized Employee Organization, that Exclusively Recognized Employee Organization will no longer represent employees. C. During the "open period" specified in the first paragraph of this Subdivision, the City Manager may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. (1) In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section, the City Manager shall act on it in accordance with the requirements of Section 3 of this Article. 4. If, pursuant to this Subdivision, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such Page 7 of 8 organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Page 8 of 8