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HomeMy WebLinkAboutResolution 95-167 07/17/1995 J~~ ~ r~ 177 w: Resolution No. ss-167 N.C.S. 1 of th~~ City of Pt~t~lu?7~a. California 2 3 4 5 6 RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS FOR 7 EMPLOYEES IN UNIT 1 (CONFIDENTIAL) 8 9 10 WHEREAS, the employees in Unit 1 are not represented by 11 any recognized employee organization; and, 12 13 WHEREAS, the City Manager, pursuant to Section 28, City 14 of Petaluma City Charter, is required and empowered to make a 15 recommendation to the City Council on matters related to 16 employee's compensation; and, 17 18 WHEREAS, the City Manager has recommended that 19 employees in Unit 1 receive salary and supplemental wage 20 benefits, 21 22 NOW, THEREFORE, BE IT RESOLVED that the supplemental 23 wage benefit as specified in the attachment for employees in this 24 Unit, being in the best interest of the City, be approved and 25 shall become effective July 3, 1995. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to CouncIl of theCity of Petaluma at a (Regular) 2(A21~1jSf48'dTad) meeting form~/~ on thel7th daY of ...........s1.Ul.y----......-............................., 1~.$...., by the ~ following vote: City Attorney AYES: Shea, Maguire, Sarlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: None - ATTEST : ..............C-S`~~-'........_. ~--~--u`~-~-- - l.Ctfy Clerk ~ Mayor Coua©1 File CA 10-85 Hrs. Nn..... ~.5.-167_...... NC.S. CITY OF PETALUMA COMPENSATION PLAN FOR UNIT 1 FISCAL YEAR 1995 - 1996 QJr-~(B7 TABLE OFCONTENTS GENERAL Section 1. Term of Agreement COMPENSATION Section 2. Salary Section 3. Retirement Contribution Section 4. Overtime Section 5. Call Back Pay Section 6 Stand By Pay Section 7. Rates of Pay on Permanent Transfer To New Classification Section 8. Temporary Work Out of Classification Section 9. Compensation for Clothing Loss Section 10. Vacation, Payment at Termination Section 11. Sick Leave., Payment at Retirement Section 12. Deferred Compensation Section 13. Retiree Benefit Payment Section 14. Health/Dental Care Cash Back INSIIRANCE Section 15. Health Insurance Section 16. Dental Insurance Section 17. Life Insurance Section 18. Disability Insurance Section 19. Vision Insurance Section 20. Other Health & Welfare Payments LEAVES Section 21 Vacation Section 22. Sick Leave Section 23. Bereavement Leave Section 24. Holidays Section 25. Military Leave Section 26. Leave of Absences Without Pay Section 27. Jury Leave Section 28. Compensatory Time Off OTHER Section 29. Family Medical Leave Act Section 30 Retirement Section 31. Grievance Procedure q `J- ~ (n~7 n/ CS 1 GENERAL Section 1. Term of Agreement This compensation plan shall be for a one (1) year term for the fiscal year commencing July 3, 1995., through June 30, 1996. COMPENSATION UNIT 1 (.CONFIDENTIAL) Section 2. Sala~^v The City shall adopt the following salary ,ranges for each of the. employees in the following cLassf_icat'ions during the term of this compensation plan. Effective July 3, 1995 I II III IV V Administrative Secretary $14,.29 $15.01 $15.76 $1'6..5,4 $17.37 Deputy City Clerk $13.43 $14.10 $14.80 $1'5,.54; $L6.32 Info Systems Technician $15.96 $16.76 $17.b0 $'18.48 $19.40 Office .Assistant II $11.47' $12:,:04 $1.2_65 $13'.'28 $13.94 Payroll -Technician $1.5,18 $T5.94 $16.74 $1,7•.57 $18.45 Personnel Technician $15.20 $15.96 $16,.75 $17..59 $18:..47 Secretary $12.01: $12.:61 $13.24 $T3.90 $14..60 Effective January 1, 1996 I II III IV V Administrative Secretary $14..:58 $15'..31 $16.07 $1b.8-Z $17.72 Deputy City Clerk $13.70 $14..,38 $15.10 $1.5..8,5 $16.Fi5 Info Systems Technician $_16.28 $17..09 $.17.95. $18.8'5 $19..79 Office Assistant II $11.70 $12.29. $'12.90 $13.55. $14:22 Payroll Technician $15.48 $16.:26 $17.07 $17.92 $18:82 Personnel Technician $15.50 $16c28 $17.09 $,17.94 $18,.84 Secretary $12.25. $12.86 $13.50 $14.T8 $14..89 Section-2a, Premium Payment Effective 7-3-95 .positions :assigned to the Confidential Unit shall receive a premium payment. of $50.00 per month. Section 3 Ret'rement Contribut~'ons The percentage of each employee's PERS contribution previously paid by the City prior to the adoption of .th-s Compensation Elan as the Employer Payment of Member Contribution ,(=EPMC) shall .instead be paid to the employee. who shall then.,pay that amount to PERS. For- purposes of withholding; the City shall defer'.that portion, of the e~¢ployee's contribution paid to PERS through Secfion'414(h)(2) bf the Snternal 95- (1~~ n/GS .Revenue Code pursuant to City of Petaluma Resolution 90-363. Therefore, for calculation of base salary at retirement, the employee shall now have an increased base salary that will include the total amount of the employees' contribution to PERS previously paid as EPMC. The employee's contribution will be withheld from the employee's pay by the City, and. the City will make the employee's payment of the employee contribution directly to PERS on behalf of the employee. The employee may not make an election to take this amount in salary and/or to make the payment to PERS. The tax exemption does not apply to FICA/social security. The following is an example of the application of IRC 414(h)(2) as applied to a miscellaneous employee. An employee makes $1,000 per month base salary. Under the prior contract the employee was not responsible for paying 7% of the required 7% employee contribution. The City was responsible for paying 7% ($70.00), which was a City responsibility that was in addition to the $1,000 base salary. Under the 414 (h)(2) method, the EPMC will revert to salary and the employee's base salary will now be $1,070. Of this, 7% (approximately $75.00) will be paid to PERS from the $1,070. The full 7% will be tax exempt and this means the employee will pay taxes on $995.00. Section 4. Overtime A. General. All hours worked in excess of eight (8) in any one day or in excess of forty (40) in any work week shall be compensated for at the overtime rate which shall be one and one-half (1.5) times the regular rate of pay. Overtime shall not be pyramided or compounded. For those employees that work an adjusted work week through the Voluntary Reduction. In Hours Program, overtime will be based on. the signed Agreement between the City and the Employee.. B. Minimum. Any employee required to work overtime shall, in no case, be compensated for less than one hour for such overtime for all hours worked over 15 minutes.. C. Payment for Work During Leaves When it becomes necessary by an emergency to have employees work during legal holidays or trie period such .employees are entitled to vacation leave, such employees working on such legal holidays and during periods of vacation shall be entitled to receive additional remuneration at the rate of one and one-half times their regular rate of pay. Section 5. Ca11 Back Pay 1. An employee who is called back to work in an emergency situation after having completed his/her regular shift and left the city premises shal'1 receive a minimum of two (2) hours work or two (2) hours pay, at.'the overtime rate. To the extent an employee is paid overtime premium pursuant to the overtime schedule under Section 4 (Overtime) listed above, he/she shall not be paid 3 q 5 - l c~~ n~cs overtime premium under th'e call-back section for the same time worked. This paragraph shall not apply to employees who are called in early for a shift, i.e., when they work.contYnuously from the time they are called in until their regular shift begins. Section 6. Stand .By Pay If, in an emergency situation, an employee. in this 'unit is .asked to leave work before the end,of. his/her scheduled work day with.-the expectation that he/she will be called back tO work to f#nish the remainder of. their work day at a later time, but the .employee is not in fact called back to work that day, the City agrees"'to compensate the employee for the full normal working day. In exchange; up until the time that the employee's regular shift is scheduled' to end,, such employees will be Ori stand-by status,, without any entiElement Eo-any extra compensation.. Except as so specified, employees _n this unit are not required to work on a stand-by basis. Section 7 RATES OF PAY ON PERMA ENT'TRANSFER TO A N ChASSrFICATTON 1. When. an employee is promoted., he/she shall be paid the hourly rate next higher to his/her own within the pay .grade for the classification to which he%she was promoted 2. When an employee. is transferred-from one classif"caton.to another classification in the same pay grade, his/her hourly rate shall remain the same. 3. A permanent or probationary employee wh'o is transferred to a class with a. lower salary without"a break in service will receive the same rate of'pay he/she received prior to the transfer. Such salary shall not be increased until the time that a higher salary of the class, to which he/she was transferred equals or exceeds •his/her salary: Such transfer may. be departmental 'or inter- departmental, and may be-made by appointment from an employment list, temporary appointment, reclassification of position., or reorganization of department, and shall be in accord with the personnel rules and regulations. The provision of this rule does not apply in cases of dsciplnary•demotion, demotion in-lieu of layoff, or voluntary demotion,. When a person"is involuntarily assigned to a lower classification he%she shall receive the lower :rate of pay, effective the first day assigned'.tO that classification. Section 8 TEMPORARY WORR'OUT`OF CLASSIFICATION 1. An employee holding a classified position may temporarily be assigned the duties of another position in a higher. classification for a perod,:not to exceed ninety (90) "calendar days during any fiscal year. 'The employee shall receive either the next higher step in. the"classification to which fie/§he is assigned or a 5~ increase, whichever is greater. This payment 4 ~?5_/ Co7 n1;C:5 shall begin upon completion of the first 14 days in that assignment. An employee assigned to a position at an equal or lower classification shall remain at the current rate of pay. Section 9 Compensation for Clothing Loss The City Manager is authorized to provide compensation to City employees for loss or damage to their clothing which occurs during the course of carrying out an official duty. A request for compensation hereunder shall be submitted in writing, in detail, to the City Manager via the department head concerned. The amount of compensation, if any, shall be at the discretion of the City Manager. Section 10 Vacation Payment at Termination Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Section 11. Sick Leave. Payment_of In the event of the death or retirement of ah employee who has completed ten (10) or more years of continuous service with the City, the employee shall be paid or shall receive to his benefit fifty percent (50%) of his accumulated but unused sick leave not to exceed 480 hours. The employee may elect not to receive this benefit and instead place all sick leave hours into the PERS sick leave conversion benefit. Section 12 Deferred Compensation The City of Petaluma shall make available to the members of this unit the City's Deferred Compensation Plan. Section 13. Retiree Benefit Payments RETIRED Employees An employee with 'twenty (20) years of service and who is age 50 or older and who retires on a service retirement during the term. of this agreement, will be eligible for $95.00 per month beginning on the retirement date. The payment will decrease in the amount of $5.00 per year to $0.00 after 20 years if the retired employee continues in the PEMCHA plan as a retiree. Should the retired employee not continue in the PEMCHA plan, he/she will. be eligible for the full $100.00. It is the responsibility of the retiree to notify the City in writing that he/she is not being covered by the PEMCHA plan and the City will 5 qS-/Col n/Ct3 commence payment of the $100.'00 at the beginning of the month following the receipt of written notice by the retiree. Section 14. Health/Dental Care Cash Back An eligible employee may request cancellation of the employee's City paid medical and/or dental insurance coverage under Section 125 of the IRS Tax Codes upon presentat-ion to the City of satisfactory proof that he /she has medical and/or dental insurance coverage from another source. Sucha request may be. made during the open enrollment for PEMCHA medical elections-but will be, in all cases subject to the terms and conditions and cancellaf'on requirements of the particular plan. When the employee has demonstrated such coverage to the City's satisfaction, the city will request cancellation of the employee's medical and/or dental coverage; subject to the terms and conditions of the particular policy. Upon actual cancellation of the employee''s medical coverage, and commencing on the date of cancel'lati'on of ,such policy, the City will instead .pay to the eligible employee; on `a monthly basis, an amount equal to 50% of the '~equvalent.monthly cost", as defined herein, of insurance coverage of said employee. In determining the "equivalent monthly cost" of such coverage, the City shall calculate 'the monthly premium amount which would be paid by the City on the employee's behalf .under the Health Plan of the Redwoods plan.., based. on the employee's coverage level (e.g. setf,,;self plus. spouse, self plus spouse plus children) at the time of such cancellation. However, if the. actual monthly cost of the empl'oy,ee's current plan coverage is less than the monthly HPR cost,, then the .lower figure shall 6e used. In the event coverage ss;cancelled.only for the employee's spouse or dependent children, the .reimbursement will be 500 of the cost difference ,between the old and-new levels of coverage (as calculated using. the HPR plan). Upon such cancellation of the employee's dental coverage, the City will instead pay-to .the eligible employee, on a monthly basis, an amount equal to 50$ of the City°s internally generated estimated monthly cost of the self-funded denta°1 costs. Any employee. cancelling coverage will be required to meet all rules and conditions. of the particular 'plan, including, but not limited to, all rules, and conditions governing administration, cancellation, and re-enrollment eligibility by requesting a cash payment pursuant to this section; such employee understands and agrees as, a, condition of receipt of this 'payment; that re-enrollment eligibility into any plan in not guaranteed. INSURANCE Section 15. .Health Insurance ACTIVE Employees The City sha1T'provide the Public Employees' Medical Health Care Act (PEMCHA) for members of Unit 1. The premium paid by the City toward this program. shall be in the amount of $100.00 per month per employee. Section 16. Dental Insurance The City shall provide for a group Delta Dental Insurance Program for City employee and dependents in this unit. Additionally, the City shall contribute toward an Orthodonture plan $1,000 per child at a 50% co-payment rate. The City shall pay, during the period of this Compensation Plan the full premium toward the City group dental insurance coverage program. Section 17. Life Insurance The City shall provide for a group term life insurance program for City employees in this unit. The City shall pay, during the course of the Compensation Plan, the insurance premium towards employee only coverage for such insurance in the principle sum of $25,000. Section 18. Disability Insurance Long-Term: The City shall provide for a long-term disability plan. The premium to be paid for by the City. Short-Term: The City agrees that employees in this unit may, on a purely voluntary basis and at their own expense, participate in AFLAC's short-term disability insurance, as long as the number of employees electing to participate in the program meets the minimum participation standards set. by the carrier. Section 19. Vision Insurance The City shall provide a Vision Plan for employees and dependents. The premium shall be paid for by the City. Section 20. Other Health And Welfare Payments The City shall provide to the active members of Unit 1 additional monthly health and welfare payments equal the PEMCHA Health Plan of the Redwoods premium amounts less $100.00. 7 q5-! (c~7 WIGS LEAVE Section 2~ Vacation A.i. Amounts All regular employees of the City of; Petaluma,, after working one full year are entitled to the equivalent of eighty (80) hours of vacation with pay in the year following-the year in which vacati'oh is earned. All regular employees, of the City of Petaluma, after five (;5) years of continuous service with the City, acid beginning with the sixth year, shall be entitled-to the. equivalent. of one hundred twenty (120).hours of vacation per year.. After ten (10) years of continuous service wibh the City,, eight hours of vacation shall be added for each year of continuous service to a maximum of two hundred (200) hours of vacation. A.2. Voluntary Leave Plan Accruals. under the Voluntary Leave Plan shall be prorated to the work week equivalent hours. B. Schedulind The times during a calendar year in which an employee .may take, his/her vacation shall be determined by the depar-tment head with due respect for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee;canno$ fake part or al'1 of .his annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. C. Def rral 'Any eligible employee with the consent of the head. of his%her,department and the Personnel Office may defer five (;5) working days of his/her annual vacation to the succeeding. calendar year-subject to other :provisions of this rule. A written report of each deferred vacation signed by the. appropriate department head and the Personnel Of-fcer noting the details shall be kept oh: file with the Personhe°1 Office.. Vacation time, accumulated in .excess of two yeaics shall be lost. In the event one or more municipal holidays fall within an ;annual vacation leave, such holidays shall not be charged as vacation leave and vacation leave shall be extended accordingly. Section 22. Sick Leave A. General Sick leave with pay shall be granted to all employees as set forth in this section. Sick leave is not a right'wheh an employee may use af. his/her discretion; but rattier, shall be used only in case of personal i-llness+, disability or 'the serious illness or injury of an employee's family member which~regures the employee';s attention.. The term family members shall include: spouse, children, parents., spouse's parents., brothers, sisters or other individuals-whose relationship to the employee is that of a dependent or near dependent.. ~1;5'r~ Lv7'N GS B.1. Accrual Sick leave shall accrue to all full-time employees at the rate of eight hours for each month of continuous service. No employee shall accumulate more sick leave in any year than provided. B.2. Voluntary Leave Plan Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours. C. Notification Procedures In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate superior or the Personnel Office prior to or within four hours after the time set for beginning his daily duties as may be specified by the head of his department.. When absence is for more than three days duration, the employee may be required to file a physician's certificate with the Personnel Office stating the cause of the absence. D. Relationship to Workers Compensation Benefits shall be payable in situations where miscellaneous employee's absence is due to industrial injury as provided in California State Workers' Compensation Law. During the first three (3) work days when the employee's absence has been occasioned by injury suffered during his/her employment and he/she receives Workers' Compensation, he/she shall receive full pay. Following this period, sick leave may be a supplement to the Workers' Compensation benefits provided the employee. Compensation is at his/her regular rate for a period not to exceed six months, or until such sick leave is exhausted, or the disability,is abrogated, or that employee is certified "permanent and stationary" by a competent medical authority. The City shall pay him/her the regular salary, based on the combination of the Workers' Compensation benefit plus sick leave. Sick leave for industrial injury shall not be allowed for a disability resulting from sickness, self-inflicted injury or willful misconduct.. The City may retire any employee prior to the exhaustion of accumulated sick leave, at which time all accrued but unused sick leave shall be abrogated, subject only to the limitations provided under this Memorandum of Understanding. E. Sick Leave. Transfer Policy Employees wishing to donate hours of sick leave to another employee may do so by sending a written request, approved by their department head, to the Personnel Office naming the individual to receive the sick leave and the amount donated, with the following restrictions: 1. Employees who wish to transfer sick leave must retain a minimum of 160 hours of sick leave to be eligible to transfer sick leave. 2. All such transfers of sick leave are irrevocable. 9 ~5-((~~ NGS 3. The employee receiving the sick leave transfer must have zero (OJ hours of accrued sick leave, vacation and CTA leave oh the books: 4. Employees may not buy or sell sick leave. Only the time may be transferred. 5. Employees may not. transfer sick leave upon separation of service. 6. Transfer of sick leave shall be allowed between Units 1, 4, 8 and 9. 7. No more than ninety (90) workdays of Sick Leave may be received by an employee for any one illness or injury. Section 23. Bereavement Leave A. In the event of the death of an employee''s spouse,, mother, step- mother, mother-in-law, father, step-father, father-in-law,, brother, sister, bhild, including `an adopted child., grandchild and grandparent, an employee who attends the funeral shall.be granted time off work w1th pay. The. amount of ti-me off. work with pay shall be only that which is required to attend the funeral and make necessary funeral arrangements, but in no event shall it exceed three (3.) working days.. These three (3) days shall not be chargeable to sick leave. An add€ional two (2;) days ;required for necessary funeral arrangements may be charged to the employee's sek_ leave; and any additional time .beyond these two days may be charged to accumu'lafed vacation or leave without pay. Such bereavement leave skull not be accruable .from fiscal year to fiscal year, nor shal'1 it have any monetary value if unused. A.1. Voluntary Leave Plan Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours. Section 24. Holidays A. FIXED HOLIDAYS: The City shall observe el"eden. (11) fixed-date holidays. These holidays:. shall be established for the City's fiscal year as determined by Citg Council resolution. B. FLOATING HOhIDAY: During the ,Fiscal Year the City will authorize one (1) "F.loating Holiday!' per employee; which may be 'taken. by the employee, at a time selected. by the employee; subject to operational requirements and appro"val determined by the City. Employees hi-red between July 1, and December 31, will be eligible for a "Floating Holiday" during the course of the Fiscal ,Year. C. Voluntary Leave Plan: Holidays taken during the Voluntary, Leave Ptah shaL1 be prorated to the work week equivalent hours under the voluntary leave plan. Employees on a Voluntary ,Leave for a fixed period. will not be paid for any holidays falling within the fixed leave period. 10 , ~q5-!°c~7 Section 25. Military Leave Military leave shall be arranged in accordance with the provisions of State Law. All employees entitled to military leave shall give the appointing power an opportuhty within the limits of military regulations to determine when such leave shall be taken. Section 26. Leave. of Absence Without Pav A. The City Manager may grant a regular or probationary employee leave of absence without pay pursuant to State and Federal Law. Good cause being shown by a written request, the City Manager may extend such leave of absence without pay or seniority or benefits for an additional. period not to exceed six (6) months. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing. 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 the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge.. B. Employees may reduce their workweek upon approval of their Department Head and the City Manager under a Voluntary Zeave Without Pay plan, not to exceed 20% of their annual work schedule. Medical premiums will continue to be paid by the city and employee as if working a full schedule. Section 27. Jury Leave Every classified employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself from his duties with the City during the period of such service or while necessarily being present: in court as a result of such call. Under ' such .circumstances, the employee shall be paid the difference between his full salary and any payment received by him, except travel pay, for such duty. This compensation shall not extend beyond twenty (20) working days. Section 28. Compensatory Time Off Employees may receive, in lieu of being paid for overtime, compensatory time off at a mutually agreeable time between the City and the employee subject to the operation requirements of the City and with approval determined by the City. No employee may earn more than two hundred forty ('240) hours of Compensatory Time Off per fiscal year. In addition, no employee may retain on the books more than forty hours of unused Compensatory Time at any given point during the 11 95-i~,~ acs fiscal year. Amounts submitted in excess of these limits shall be paid at time .and one-half. Section 29. Family And Medical Leave Pursuant to the Family-and Medical Leave Act of 1993 (-FMLA) leave may be granted to an employee who has been employed for at. least twelve (12) months by the City and who has provided at. least-1,250 hours of service during the twelve {12) months before the 'leave. is requested., The leave may be granted up to a total of:fwelve (12) weeks during `fhe fiscal year for the following reasons: A. Because of-the birth of a child or placement •f or adoption or foster care of a child; B. In order to care for the spouse, son,. daughter,;parerit, or :one who stood in ..place of'a parent of the, employee,. if- such spouse, son, daucjhter, parent, or "in loco parentis!''has a serious health condition; C. Because of a serious. health condition that make"s the employee unable to perform his employment functions. The Employee .must provide the Employer with thirty (~90) days ,advance notice of the; leave, or such notice as is practicable, if thirty (30') days notice is not possible.- 'The :Employee must provide the Employer with, certification of the condition from a'health care provider. The Employer, at Employer expense, may require a secbnd'op'inon on the validity of the certification. Should.a conflict arise between health providers,-a third ahd.bindng opinion, at Employer expense•will be sought,. An Employee seeking FMLA leave must first use paid sick time (if applicable) and vacation before going on unpaid leave. The total amount of family leave paid and unpaid will not exceed' a ,total of twelve (1.2) weeks. In any case in which a husband and'wi~fe entitled to family ,leave are both employed; by the Employer, the Aggregate number or workweeks of leave to which both may be entitled may be limited to twelve (,12) weeks during~any:Fiscal.Year if such ,leave is taken because of the birth of a child or placement for adoption or foster care of a child. The Employee will be responsBle'for his share of the health insurance cost during the leave. If the Employee does not return from the leave, he is responsible for the total insurahce premium paid. by the Employer. OTfiER Section 30. Retirement The City of Petal_uma's retirement plan under the^PUblc Employees' Retirement System shall cohsist of the following items: Miscellaneous Employees: 2% @ 60 12 ~5-/(c~CnJGS Options: 1959 Survivors Benefit (1st level) One year Final Compensation Unused Sick Leave Credit Military Service Credit as Public Service. Section 31. Grievance Procedure A. Purpose of Rule (1) To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is .not provided by other regulations. (2) To afford employees individually or through qualified employee organization a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions. (3) To provide that grievances shall be settled as near as possible to the point of origin. (4) To provide that appeals shall be conducted as informally as possible. B. Matters Subject To Grievance Procedure The Grievance procedure shall be used to process and resolve grievances arising out of the interpretation, application, or enforcement of the, express terms of this compensation plan. C. Informal Grievance Procedure. An employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe-the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate supervisor, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lower possible level of supervision. If the employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal appeal in writing within ten (10) calendar days after receiving the informal decision of his/her immediate superior. An informal. appeal shall not be taken above the appointing power. D. Formal Grievance Procedure (levels of review through chain of command) (1) First level of review The appeal. shall be presented in writing to the employee"s immediate supervisor, who shall render his/her decision and comments in writing and return them to the employee within five (5) calendar days after receiving the appeal. If the employee does not agree with his/her supervisor's decision, or if no answer has been received within five (5) calendar days, the employee may present the appeal in writing to his/her supervisor's immediate .superior. Failure of the employee to take further action within five (5) calendar days after receipt of the . 9513/ nl CS written decis-ion of his/her supervisor, or within the total of fifteen (S 5) calendar days i£ no decisori.is rendered, will constitute a dropping of the appeal. (2) Further level or levels of review as appropriate Thee supervisor receiving the appeal ;shall review'if, render his/her decision and comments in writing, and return them to the employee within five (:5) calendar days after receiving the appeal.. If the employee does not agree with the decision, or if no answer has been received within :five (5) calendar days, employee may present the appeaY in writing to the department head. Failure of the employee to take further action within f-iue ('5) calendar days after receipt of the decision is rendered, will constitute a dropping of the appeal. (3) Department Review The department head receiving the appeal of his/her designated representative, should discuss the grievance with the employee, his/her 'representative:, if any, and with other appropriate persons. The department head shall .render his/her decision and comments in writing, and return them to the employee within five (:5) calendar days after receiving the appeal. If- the employee does not agree with the decision reached, or if no answer has been received within five (5) calendar days after receipt of the decision or within a total of fifteen (15) calendar: days if no decision. is rendered., will constitute a dropping of the appeal. (4) Cty-Manager The City Manager receiving the,appeai or his designated'representative should discuss the .grievance with the employee, his/her representative, if any,, and. with other appropriate persons. The City Manager may designate a fact finding committee, ,officer not in the:nor-mah 1•ne of supervision, or Personnel B,oa_rd to advise him/her concerning the appeal. The City Manager shall render a d'ecisi`on in writing to the employee within twenty (20) calendar days after•receiving the appeal. (5) Conduct Of Grievance Procedure (a) The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. (b) The employee may request the. assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. (a) 'The employee and his/her representative may be privileged to use a reasonable;amount of ,work time as ,determined by the appropriate. department head in .conferring about and presenting the appeal. (d) Employees shall be assured .freedom from reprisal for using the grievance procedures. 14•,,. 9'S-ic~~' NGs