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HomeMy WebLinkAbout42-10 • • RESOLUTION No. 2 10 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADOPTING AMENDMENTS TO THE PERSONNEL RULES AND REGULATIONS WHEREAS, the Personnel Rules and Regulations document was last comprehensively reviewed and updated in 2006 and revised in 2007, 2008, 2009, February 2010; and WHEREAS, the Town the Rules and Regulations must be updated to incorporate new policies that have been adopted by the Town; NOW THEREFORE,the City Council of the Town of Los Altos Hills does hereby approve and adopt amendments to the Personnel Rules and Regulations, attached hereto as Exhibit A, as the personnel rules and regulations governing the Town of Los Altos Hills. REGULARLY PASSED AND ADOPTED this 16h day of September, 2010. By: Br- ►e Kerr, Mayor ATTEST: Karen Jost, 4 lerk • • Exhibit A Town of Los Altos Hills Personnel Rules and Regulations 5. On occasions as deemed necessary in the judgment of the responsible supervisor. Non—exempt employees shall not be allowed to accrue overtime to perform work unless such work has been authorized by his/her supervisor. 7.4 OVERTIME PAY Non-exempt employees shall be compensated for overtime worked at the rate of one and one-half (1 1/2) times their regular hourly rate. Subject to the limitations described in Section 6.6, an employee may chose to receive compensatory time off hours at the rate of one and one-half (1.5) hours for each hour of overtime worked. The time when compensating time off may be taken shall be at the discretion of the department head. "Work" shall be defined, for the purpose of determining overtime as those hours for which an employee is compensated by the Town for regular work, holidays, sick leave, vacation and compensatory time off. These hours shall be counted toward the accumulation of the work week as defined in this manual. _> 7.5 DEFINITION OF EXEMPT EMPLOYEE The Town has determined that various executive, administrative and/or professional employees are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Employees in the following job classifications are considered exempt: • City Manager • City Clerk • Director of Finance and Administrative Services (Finance Director) • Planning Director • Public Works Director/City Engineer • Public Safety Officer • Barn Manager • Finance Manager 7.6 MISCELLANEOUS PAY PROVISIONS 7.6.1. Out-of-Classification Pay Employees who by assignment from the department head or City Manager perform the essential functions of a position with a higher salary classification than in which they are regularly employed shall receive increased compensation beginning on the third (3rd) consecutive work day 1/4 39 Adopted April 23, 2009 • • Town of Los Altos Hills Personnel Rules and Regulations SECTION 10 DISCIPLINARY ACTIONS 10.1 SUSPENSION Suspension is a temporary separation from Town service without pay for disciplinary purposes. The department head may suspend an employee without pay. 10.2 REDUCTION IN PAY Reduction in pay is a decrease in compensation paid to an employee for a fixed period of time for disciplinary purposes. The department head may impose a reduction in pay to an employee. 10.3 DEMOTION The department head may demote an employee whose performance of his/her required duties is below standard, or for other disciplinary purposes. Demotion may also be made to a vacant position in lieu of layoff. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. 10.4 DISMISSAL The department head may dismiss an employee whose performance of his/her required duties is below standard, or for other disciplinary purposes. Such action results in an immediate termination of the employee from Town service. 10.5 GROUNDS FOR DISCIPLINE The Town's standards of conduct are established for the guidance of all employees. These standards are only a partial list of unacceptable behaviors and conduct and are not the exclusive grounds for discipline. A. Fraud in securing employment or making a false statement on an application for employment. B. Incompetence, i.e., inability to comply with the minimum standard of an employee's position for a significant period of time. C. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her position. 2/4 Adopted April 23, 2009 50 • • Town of Los Altos Hills Personnel Rules and Regulations D. Disobedience and insubordination, a failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position. E. Dishonesty. F. Being under the influence of alcohol or dangerous drugs or narcotics while on duty. G. Excessive absenteeism. H. Inexcusable absence. I. Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. J. The conviction of either a misdemeanor involving moral turpitude or any felony shall constitute grounds for dismissal of any employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The department head may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline, or the determination if such conviction is an offense involving moral turpitude. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere made to charge a felony or any offense involving moral turpitude, is deemed to be a conviction within the meaning of this Section. K. Discourteous treatment of the public or other employees. L. Improper or unauthorized use of Town property. M. Refusal to subscribe to any oath or affirmation which is required by law in connection with Town employment. N. Any act of conduct, either during or outside of duty hours which is of such a nature that it causes discredit to the Town. O. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of Town property. P. Violation of the ordinances, resolutions, rules and regulations established by the employee's department. Q. Outside employment not specifically authorized by the appointing authority in accordance with Town procedures. 3/4 51 Adopted April 23, 2009 111, Town of Los Altos Hills Personnel Rules and Regulations R. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties? S. The refusal to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct. T. Improper political activity. U. Violation of the Town's Fraud Policy. 147V. Unauthorized overtime. 10.6 PROCEDURES FOR TAKING DISCIPLINARY ACTION Disciplinary action shall be taken in compliance with the following procedures: 10.6.1 Notice of Intent Whenever the department head intends to suspend an employee, demote the employee, reduce the employee in pay or dismiss the employee, the department head shall give the employee a written notice of discipline which sets forth the following: A. The disciplinary action intended; B. The specific charges upon which the action is based; C. A factual summary of the grounds upon which the charges are based; D. A copy of all written materials, reports, or documents upon which the discipline is based; E. Notice of the employee's right to respond to the charges either orally or in writing to the department head; F. The date, time and person before whom the employee may respond; G. Notice that failure to respond at the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed. 10.6.2 Response by Employee The employee shall have the right to respond to the department head orally or in writing. The employee shall have a right to be represented at any meeting. Such meeting will only be permitted once and continued for no more than two (2) days. 4/4 Adopted April 23,2009 52