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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
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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
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• •
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.
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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.
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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.
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