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HomeMy WebLinkAboutReso - CC - 060-2022DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 RESOLUTION NO. 060-2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AMENDMENT OF THE CIVIL SERVICE RULES AND REGULATIONS WHEREAS, Burlingame Municipal Code section 3.52 directs the City to establish rules and regulations to provide a merit -based system of personnel administration; and WHEREAS, the Civil Service Rules and Regulations were created in 1992 and were revised in 2009 and 2018; and WHEREAS, the City desires to update the Civil Service Rules and Regulations to memorialize current practices, make administrative amendments, and reflect modern personnel practices; and WHEREAS, the proposed amendments are in the sections for filling of vacancies, compensation, leaves of absence, and holidays; and WHEREAS, the proposed changes have been shared with the bargaining units; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame amends the Civil Service Rules and Regulations as attached to this resolution and incorporated herein. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of June, 2022, and was adopted thereafter by the following vote: AYES: NOES: ABSENT Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ Councilmembers: NONE Councilmembers: NONE Meaghan Hassel -Shearer, City Clerk DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 ADMINISTRATIVE PROCEDURES CITY OF BURLINGAME Revised December 2, 2009 Revised January 16, 2018 Revised XX CATEGORY: Personnel SUBJECT: Civil Service Rules and Regulations CITY OF BURLINGAME CIVIL SERVICE RULES AND REGULATIONS DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 INDEX I. PURPOSES, AUTHORITIES AND RESPONSIBILITIES OF THE MERIT SYSTEM OF PERSON N EL ADMINISTRATION A. PURPOSES OF THE MERIT SYSTEM B. MEMORANDA OF UNDERSTANDING C. MERIT SYSTEM AUTHORITIES AND RESPONSIBILITIES 1. City Council. 2. City Manager. 3. Human Resources Department. 4. City Officers and Employees. II. RECRUITMENT AND APPLICATIONS A. RECRUITMENT B. ANNOUNCEMENT OF VACANT POSITIONS TO BE FILLED C. FILING OF APPLICATIONS D. REJECTION OF APPLICATIONS E. RECEIPT AND DURATION OF APPLICATIONS F. POSTPONEMENT OR CANCELLATION OF EXAMINATIONS III. EXAMINATIONS AND RATINGS A. EXAMINATION TYPES AND ELIGIBILITY TO TAKE EXAMINATIONS B. EXAMINATION PREPARATION AND ADMINISTRATION C. ORAL EXAMINATION BOARDS D. FRAUDULENT CONDUCT OR FALSE STATEMENTS BY APPLICANT E. INTEGRITY OF THE EXAMINATION PROCESS F. RATING G. NOTIFICATION OF EXAMINATION RESULTS H. WAIVER OF EXAMINATION I. RETENTION OF EXAMINATION RECORDS J. EXAMINATION RESOURCES IV. EMPLOYMENT LISTS A. USE OF EMPLOYMENT LIST B. ESTABLISHMENT OF EMPLOYMENT LISTS C. AVAILABILITY OF ELIGIBLE PERSONS D. DURATION OF LISTS E. REMOVAL OF NAME FROM LISTS F. RESTORATION OF NAMES TO EMPLOYMENT LISTS G. CONSOLIDATION OF EMPLOYMENT LISTS V. CERTIFICATION A. REQUEST FOR CERTIFICATION B. ANTICIPATION OF NEED C. PROCEDURE FOR OBTAINING CERTIFICATION OF ELIGIBLE PERSONS IN ORDER TO FILLA VACANCY D. APPROPRIATE EMPLOYMENT LISTS E. INCOMPLETE CERTIFICATION VI. APPOINTMENTS AND MERIT SYSTEM STATUS A. FILLING OF VACANCIES B. PROBATIONARY APPOINTMENT 4 4 4 4 4 4 5 6 6 6 7 7 8 8 8 8 8 9 9 9 10 10 10 11 11 11 11 11 12 12 12 12 13 13 14 14 14 14 14 14 14 14 15 2 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 C. PROMOTIONAL APPOINTMENTS D. PROBATIONARY PERIODS E. TEMPORARY APPOINTMENTS F. VOLUNTARY DEMOTIONS VII. ADMINISTRATION OF THE CLASSIFICATION PLAN A. PURPOSE OF THE PLAN B. USE OF THE PLAN C. CONTENT OF THE PLAN D. MAINTENANCE OF THE CLASSIFICATION PLAN E. CLASSIFICATION AND ALLOCATION REVIEWS F. CLASS SPECIFICATION G. AMENDMENTS TO THE CLASSIFICATION PLAN VIII. DEPARTMENT RULES IX. DISCIPLINE A. DUE CAUSE X. HEARINGS XI. ABOLISHMENT OF POSITION MI. LEAVES OF ABSENCE A. VACATIONS B. SICK, BEREAVEMENT, AND DISABILITY LEAVES 1. Sick Leave Defined 2. Bereavement Leave 3. Accumulation of Sick Leave 4. Disability Leave. 4. Use of Sick Leave. 5. Compulsory Sick Leave. 6. Sick Leave Pay Computation. C. MILITARY LEAVES OF ABSENCE D. OTHER LEAVES OF ABSENCE WITH OR WITHOUT PAY E. RIGHT OF EMPLOYEE TO RETAIN POSITION XIII. HOLIDAYS XIV. OUTSIDE EMPLOYMENT 16 17 17 17 18 18 18 18 18 19 19 19 20 20 20 21 21 22 22 22 22 22 23 23 23 23 23 23 24 24 24 25 3 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 L PURPOSES, AUTHORITIES AND RESPONSIBILITIES OF THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION a. Purposes of the Merit System In accordance with the provisions of Chapter 3.52 of the Code of the City of Burlingame, these Rules and Regulations are established to fi ther the intent and policy of the City Council to provide a merit system of personnel administration. b. Memoranda of Understanding Provisions of agreements negotiated with employee organizations (Memoranda of Understanding) shall take precedence over these rules and regulations where conflicts exist. c. Merit System Authorities and Responsibilities The following designations of authority and responsibility are made with respect to the administration of this merit system: i. City Council. The City Council shall be the final authority for: 1. Approving these merit system rules and regulations and all amendments thereto. It may also request the City Manager to research and prepare amendments and revisions deemed necessary. 2. Approving the compensation and pay plan, the classification plan, and all amendments thereto, with the exception of revisions to existing class specifications (including duties, knowledge, and licenses/certifications) and class specification titles, which the City Council delegates to the City Manager. 3. Recognizing of and approving of any agreements with bargaining units representing employees. -M�� - - ----------- ii. City Manager. The City Manager shall: Be responsible to the City Council for the administration and maintenance of the personnel system subject to these merit system rules and regulations. 2. Be the appointing authority responsible for the appointment or removal DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 of all employees subject to the provisions of these rules and regulations, except those appointed and removed by the City Council or elected officials. The City Manager may delegate this appointing authority to such department heads as he or- ihethey sees fit. 3. Be responsible for the preparation of proposed amendments to the merit system rules and regulations, the classification plan and the compensation and pay plan in cooperation with the Human Resources Department. 4. Approve amendments to existing class specifications (including duties, knowledge, and licenses/certifications) and class specification titles. Changes in compensation, adding and deleting classifications must be approved by the City Council. 5_Be responsible for negotiating agreements with bargaining units representing employee groups. Rendering final and binding decisions for the city in hearings as described in Section XB Hearings and sustaining, modifying. or overturning the disciplinary or termination actions taken. -5-.6. Perform such other duties and exercise such other powers for personnel administration as may be described by law or these merit system rules and regulations. iii. Human Resources Department. The Human Resources Department shall: I . Be responsible to the City Manager for the administrative and technical direction of the city personnel program. The Human Resources Department shall administer the provisions of these rules to develop and administer such recruitment and examination programs as may be necessary to obtain or maintain an adequate supply of competent applicants to meet the needs of the city. 2. Develop and maintain a comprehensive classification plan and make recommendations to the City Manager for amendments to the plan to reflect on a current basis the duties and responsibilities of each position. 3. Maintain the compensation and pay plan, including the periodic review of salary and wage levels as they reflect city employment, and make recommendations to the City Manager for amendments to the compensation and pay plan as needed. 4. In keeping with these rules and regulations, maintain a regular review of staffing and compensation and certify to the Finance Director any addition, deletion, and/or change in city payrolls. DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 5. Review for proper execution and conformance to these rules and regulations all personnel actions and return for correction any personnel actions not in conformance herewith. No personnel actions shall be deemed final until approved by the City Manager as being in conformance with these rules and regulations. 6. Provide for the proper security of personnel records. 7. Provide for the orientation of all new city employees. 8. Provide such forms and procedures as appropriate to carry out these rules and regulations and all other aspects of the Burlingame personnel administrative system. 9. Develop in cooperation with the City Manager and the department heads such training and educational programs for employees in the city service as needed. 10. Provide staff assistance to the department heads and others in development of effective personnel policies and procedures. 11. Recommend to the City Manager amendments to these rules and regulations. 12. On behalf of the City Manager, negotiate agreements with bargaining units representing employee groups. 13. Participate in the administration of personnel provisions of the Memoranda of Understanding. 14. Perform any other functions as necessary or as directed by the City Manager to carry out the purpose and provisions of these personnel rules and regulations. iv. City Officers and Employees. All department heads and officers, whether elected or appointed, and employees shall comply with and carry out both their prescribed duties and these merit system rules and regulations. II. RECRUITMENT AND APPLICATIONS a. Recruitment a. Recruitment of candidates for classified positions which are not to be filled by promotion, demotion, transfer, or re-employment will be carried out through any appropriate media on a timely basis to assure all segments of the public have the opportunity to apply and be considered for such positions. b. Applicants will be recruited on the basis of the minimum training and experience requirements established for the class. 6 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 All publicity shall indicate the city is an equal opportunity employer. d. The Human Resources Department, with the approval of the City Manager, may initiate efforts toward and participate in joint recruitment efforts with other local government agencies having similar personnel requirements. e. When it is anticipated the volume of applications will be large in relation to the number of vacant position(s), the Human Resources Department may restrict recruitment to limit the size of the applicant group by: i. establishing a shorter filing period than that utilized for regular recruitment efforts; and/or ii. specifying a maximum number of applications which will be accepted, and closing the recruitment immediately when that number is reached; and/or iii. Other means which are appropriate to the circumstances. b. Announcement of Vacant Positions to be Filled 1. All vacant classified positions excluding those being filled by limited competition promotion, transfer, or re-employment, shall be publicized by posting announcements on the City's website, and other media as the Human Resources Department may deem appropriate. 2. The announcements, which may be for filling vacancies by initial appointment or by promotion, shall specify: 1. The class title and salary range of the position to be filled. 2. A description of the duties and responsibilities of the position or class. 3. Minimum qualification requirements for eligibility for the position or classification. 4. Closing date of receipt of applications. 5. The tentative date of any examinations if required for the positions. 6. When deemed in the best interest of the city, the Human Resources Department may recruit and examine applicants at any time to increase the quality or quantity of eligible persons on an existing employment list after consultation with the appropriate department head. The Human Resources Department may also recruit and examine on a continuous basis. New eligible persons to be merged with an existing employment list will be ranked according to their numerical score. c. Filing of Applications A. All applications shall be received by the final filing date and time listed in the job announcement posting. B. The Human Resources Department may extend the originally announced time limit for filing applications. Such an extension of the time limit for filing shall be given appropriate public notice and publicity. C. No individual shall be denied the right of filing a formal application for a publicly DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 announced vacancy of a classified position. d. Rejection of Applications The Human Resources Department may reject any application or applicant when it has been determined that: 1. The application was not received on or before the final closing date and time established for receiving applications. 2. The application was not filed using the required format. 3. The applicant does not possess the minimum qualification requirements as specified in the public announcement of the vacancy. 4. The applicant is physically, mentally, or legally unfit to perform the essential required duties of the position. 5. The applicant has failed to complete the application, made a false statement of a material fact, or practiced fraud or attempted to deceive in the application, in any tests, or in attempting to secure appointment. 6. For positions requiring criminal history disclosure, the applicant has been convicted of a felony which was related to the employment sought. Applicants having other felony convictions will be considered on an individual case basis, with the position involved, the crime for which convicted, and rehabilitation as the basis for decision. 7. The applicant was previously employed by the city and was dismissed for cause, or resigned not in good standing, and is not currently eligible for re-employment by the City. e. Receipt and Duration of Applications Applications, whether accepted or rejected for consideration for employment, shall remain on file for a period of at least three years. f. Postponement or Cancellation of Examinations Any examination may be postponed or canceled at the direction of the Human Resources Department, and efforts will be made to notify each applicant of the postponement or cancellation. III. EXAMINATIONS AND RATINGS a. Examination Types and Eligibility to Take Examinations 8 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 1. Open examinations are competitive and not all applicants will progress through the examination process. Any applicant who has a properly executed application for the vacant position to be filled and whose application is not rejected as prescribed in these rules and regulations may be considered. 2. Closed competitive examinations shall be restricted to those classified city employees whom the Human Resources Department determines shall be eligible, utilizing such criteria as the Human Resources Department deems appropriate for a given vacant position to be filled. A. Limiting competition to city employees through closed examinations must be justified by the department head and approved by the City Manager. B. Among the criteria which may be cited in such justifications are the requirements of special skills or knowledge possessed only by persons currently employed by the city, the maintenance of a continuous established line of career progression which is in the best interest of the city, or the availability of a large number of qualified city employees to fill the vacant position(s). 3. The City Manager shall be the final determining authority as to whether any given examination for a vacancy to be filled shall be conducted as an open competitive examination or a closed examination. b. Examination Preparation and Administration Both open and closed examinations shall be prepared and conducted by or under the direction of the Human Resources Department, in cooperation with the department in which the vacant position(s) to be filled exist. Examinations may include, but not be limited to, written, oral, or practical demonstration of skill and ability, or any combination of these. Any investigation of education, experience, character, or identity, and any test of technical knowledge, ability, manual skill or physical and mental fitness or other relevant factors may be included in the examination. c. Oral Examination Boards The Human Resources Department may elect to utilize an oral examination board as one of the instruments of the evaluation. The board should consist of at least three persons who may be selected from any of the following: persons who hold a similar or superior position within a department in which a vacant position to be filled exists; who hold a similar or superior position in another city department; who are not a city employee or officer and who have knowledge in the areas of skill, experience, training, and other requirements of the position. d. Fraudulent Conduct or False Statements by Applicant Fraudulent conduct or false statements by an applicant or in an applicant's behalf, in any application or examination, shall be deemed cause for the exclusion of such 9 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 applicant from an examination, or for removal of his-- heir name from all employment lists, or for discharge from the service. e. Integrity of the Examination Process a. No employee or other participant in the exam process may participate, directly or indirectly, in the rating of an examination in which the employee or a relative, by blood or marriage, or a person who resides in the same residence, is a competitor. b. All statements of former employers and character inquiries shall be treated as confidential and not available for public inspection, except as explicitly permitted by the employee and the reviewer. c. It is the responsibility of every employee of the city and every representative of the Human Resources Department to treat as confidential any information available to them concerning examination material. f. Rating a) Appropriate techniques and procedures based on merit principles shall be used in rating results of examinations and determining the relative ratings of the competitors. b) For all examinations or segments thereof, the minimum performance requirements by which eligibility is achieved shall be established by the Human Resources Department after consultation, when appropriate, with the department head(s), or their designee. A minimum qualifying grade related to these minimum performance requirements shall be established for each exam segment or the combined ratings of the several parts of the examination. Applicants failing to achieve a minimum qualifying grade on any segment may be disqualified from further participation in the immediate examination process. c) Final numerical rating shall be expressed on a scale of 100% for maximum possible attainment. To be considered for appointment, an applicant must attain an earned rating of at least 70%. This 70% may be the arithmetic percentage of the possible score achieved by a competitor when his-�their results have been scored, or may be an adjusted score based on consideration of the difficulty of the examination, the quality of competition, and the needs of the city. g. Notification of Examination Results All applicants who complete the examination process for a position in a given classification shall be notified in writing relative to their passing or failing the examination process. They shall also be informed of the remaining steps and procedures which may occur before final disposition on their applications. A statement 10 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 is also to be included stating that position on the list does not assure an interview or hire. h. Waiver of Examination The examination process may be waived by the Human Resources Department with the approval of the City Manager and an employment list established showing candidates as qualified based on meeting the minimum qualifications of the classification if any of the following conditions apply: 1. It is impractical to establish a selection device that will measure the relative fitness of candidates. 2. The minimum qualification consists solely of a bona fide or state registration such as, but not limited to, professional engineers, etc. 3. There are fewer than six candidates who have been found qualified after the filing deadline for receiving applications. This rule shall not be used to circumvent the normal competitive process as it relates to hiring the best qualified candidates. In the event additional recruitment and subsequent examination is necessary to supplement the employment list and candidates previously determined as qualified and remaining on the list must compete in the same examination procedure as new applicants to remain on the employment list and shall be so notified. i. Retention of Examination Records All examination records shall be retained for a period of three years or for the length of time required by federal, state, or city regulations, whichever is greater. j. Examination Resources The Human Resources Department shall have the authority to initiate into recruitment agreements for the exchange, joint usage, development, administration, evaluation, and validation of any or all segments of the examination program with other local employers and reputable concerns involved in personnel testing as deemed necessary, subject to the approval of the City Manager and, where appropriate, the City Council. IV. EMPLOYMENT LISTS a. Use of Employment List Classified positions shall be filled from employment lists established by a competitive process unless the Human Resources Department determines that the vacancies will be filled by transfer, demotion, reassignment, or through any authorized and established non- competitive process. II DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 b. Establishment of Employment lists 1. The Human Resources Department shall establish and maintain such employment lists for the various classes of positions as may be necessary to assure an adequate number of eligible persons to fill vacancies which may or are known to occur. 2. Each list shall contain the names of those eligible persons that have completed the examination process and have been determined qualified and possess the required knowledge, abilities, and skills necessary for successful job performance. 3. Names of eligible persons shall be placed on employment lists in the order of the numerical ratings resulting from their examinations. c. Availability of Eligible Persons It shall be the responsibility of eligible persons to notify the Human Resources Department in writing of any changes of address or other change affecting availability for employment. Whenever an eligible -in their application or by submitting a written statement- restricts the conditions under which he or- ihethey will be available for employment, his-�Iheir name may be withheld from all certification which does not meet the conditions which he er—shethey specified. d. Duration of Lists Each employment list shall remain in effect for a period of one year. When deemed necessary and in the best interest of the city service, the Human Resources Department may keep the employment list in effect for an additional period not to exceed one year. A statement of the reasons for any such extension shall be entered in the records of the Human Resources Department. e. Removal of Name From Lists Names may be removed from employment lists for any of the reasons listed below: 1. At the written request of the eligible; 2. Refusal of an offer of employment; 3. Appointment through certification from such lists to fill a permanent position; 4. Appointment through certification from the employment list for another class at the same or higher compensation. (In such case, at the request of the appointee, his or- heir name may be continued on any or all lists other than the one from which the appointment was made, for the remainder of the period of eligibility on such lists.); 12 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 5. Filing of a written statement by the eligible that 4they are not willing to accept appointment; 6. Failure to report for interview or to respond -within the time specified in the notice —to any inquiry of the Human Resources Department or department head relative to employment or availability unless satisfactory evidence is furnished justifying such failure to respond; 7. Failure to report for work after accepting appointment; 8. Inability to locate eligible; 9. Discovery that the eligible has willfully provided erroneous information, withheld information, evaded questions or otherwise misrepresented h��ertheir qualifications in order to qualify for appointment or promotion; 10. Any cause or condition otherwise specified in these rules for rejection of an application; or 11. Any good and sufficient reason. The rejection of an applicant by one department shall not affect the eligibility for appointment to a position in any other department or under any other appointing authority's jurisdiction. f. Restoration of Names to Employment Lists Whenever any person's name is removed from an employment list, he-ef—shethey will be notified. Such a person may at any time during the life of that employment list make written request to the Human Resources Department for the restoration of l+i-s of4wftheir name to such list for the duration of their eligibility. The request shall specify the reasons advanced for restoration of the name. The Human Resources Department, after full consideration of the request, may restore the name to the employment list or may refuse such request and the person shall be notified of the action. g. Consolidation of Employment Lists 1. The Human Resources Department may determine that the needs of the city require that an examination be held for a class for which an employment list already exists, prior to its normal expiration date. In such an event, a new employment list will be established as a result of the new examination, 2. The names of persons remaining on the old list may be placed on the new list in accordance with their previous final score, but such names may be removed from the list at the expiration of one year on the old list. Should such persons elect to take the new 13 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 examination, their names will be placed on the employment list in accordance with the new final score. V. CERTIFICATION a. Request for Certification All requisitions for certification of eligible persons for the filling of vacancies shall be made to the Human Resources Department in writing. b. Anticipation of Need Insofar as possible, vacancies shall be anticipated sufficiently in advance to permit the Human Resources Department to establish an employment list. c. Procedure for Obtaining Certification of Eligible persons in Order to fill a Vacancy 1. Whenever a vacancy is to be filled, the appointing authority shall make requisition to the Human Resources Department for certification of eligible persons for appointment to the class of the position for which the vacancy exists and shall recommend whether this shall be an open or closed examination. 2. Upon receipt of a valid requisition for certificate of eligible persons from an employment list to fill a vacancy, the Human Resources Department shall certify to the requesting appointing authority the appropriate employment list listing the names of those persons eligible for appointment. d. Appropriate Employment Lists Certification shall ordinarily be made from a list established for the particular class in which the vacancy exists. However, if no such list exists or the list contains an insufficient number of eligible persons for certification purposes, the Human Resources Department may certify names from an appropriate alternative employment list if such a list is available. Such a list shall be for a class of the same or higher pay level with the qualification requirements equal to or superior to the class in which the vacancy exists. e. Incomplete Certification When the number of names on a certified eligibility list is fewer than six, the appointing authority or department head may select from them or may decline certification for that vacancy and request that a new list or lists be established. VL APPOINTMENTS AND MERIT SYSTEM STATUS a. Filling of Vacancies 14 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 All vacancies in classified positions shall be filled by probationary appointment, demotion, transfer, reassignment, or promotional appointments. b. Probationary Appointment Probationary appointments shall be given to all persons upon their first employment by the city in a classified position resulting from selection from an appropriate employment list eligible persons who have passed the examination for the class. The following rules apply to probationary appointments: 1. A probationary appointment shall be considered the "working test" portion of the examination process. As such, the probationary period shall be regarded as an integral part- of the selection process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance or conduct is not satisfactory. 2. The standard period of a probationary appointment shall be twelve months with the exception of police officers which shall be eighteen months from appointment as a sworn officer, and twelve months for promotions to sergeant, lieutenant, and captain. 3. An employee performance review shall be completed for each employee serving under a probationary appointment at least two weeks prior to the expiration of each six month period of employment. In all performance reviews, the decision of the department head shall be final. The department head having authority over any employee serving under a probationary appointment may determine at any time prior to completion of the standard period of the probationary appointment that it is in the best interest of the city to extend the period of the probationary appointment of the employee. Such determination shall be in writing and shall be provided to the appointing authority and the employee prior to the expiration date of the employee's standard probationary period. No extension of the probationary period shall be for more than six months, except that in the event of a work related disability, any extension of the probationary period to allow the employee time for recovery from such disability shall not be considered with respect to the above limitation. 4. At any time during the probationary period, a department head - with the approval of the appointing authority may remove an employee if in his - their opinion the working test period indicates that such employee is unable or unwilling to perform the duties of the position satisfactorily. It shall be the duty of the appointing authority to remove an employee serving under a probationary appointment if the appointing authority determines that the employee's conduct, integrity, lack of dependability, or capacity do not merit continuance with the service. 15 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 5. The salary for a new employee entering City employment shall be the minimum salary step for the classification to which the employee is appointed unless the City determines that appointment to another step is in the best interests of the service. Approval from the City Manager is required for appointment above the minimum step. Advancement within current salary ranges shall be conditioned upon satisfactory job performance as determined by annual performance reviews. If an employee performing in an outstanding or above -standard manner, the City may, at its sole option, advance the employee an additional step (or steps) to place the employ at a higher step within the existing salary range Approval from the Human Resources Director is required for an additional step increase. c. Transfer Appointments 1. A transfer of an employee from a position in one department of the City to a position of the same class in another department of the City may be made at any time by the appointing authorities concerned. No increase or advance in salary shall be made unless the regulations governing salary advancement are complied with. 2. At the request of an employee who has one year of continuous merit system service, and with the approval of the Human Resources Director, an employee may be transferred from a position in one class to a position in another class with the same salary range involving substantially the same level of duties and responsibilities but requiring additional or different special requirements. The Human Resources Director may require the employee to demonstrate in an examination that they possess the additional or special requirements. A transfer from one class to another class shall require the service of a new probationary period unless such probationaryperiod is waived by the appointing authority. A. Promotional Appointments Insofar as practicable and consistent with the best interests of the City, consideration shall be given to filling vacancies in higher positions by promotion from within the classified service, after a promotional examination has been given and an employment list established. The serving of a probationary period shall not, of itself, prevent a classified employee from being promoted to a position in a higher class, provided the employee is certified from an appropriate employment list for such higher class of position. If, within the above mentioned limitations, an employee is promoted in this way during a probationary period, the probationary period for the class of position to which the employee is promoted shall begin with the date of appointment to such latter class of position. Should the employee return to his,- their prior position, he-ef-shethey shall complete the remainder of �their initial probationary period. When an employee is promoted, hefshethey shall normally be appointed at the first step in the salary range for the new position. However, if the first step results in a salary increase 16 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 of less than five percent (5%), he4hethey shall receive a minimum of five percent (5%) increase. Ed. Probationary Periods The following rules apply to the probationary period: The standard probationary period shall be twelve months except police officers who shall be on probation for a period of eighteen months, from appointment as a sworn officer (sergeants, lieutenants, and captains are twelve months). If during this period the service of the employee is unsatisfactory, he-ef—shet� shall be returned to the position from which he or- shethey were -was promoted. 2. The normal procedure of performance evaluation shall be followed for any employee serving a probationary period. However, the employee's immediate supervisor or department head may submit an employee review at any time. 3. If any employee is removed from a position while serving a probationary period, he e shethey shall be returned to the position held by the employee prior to the promotion, or offered appointment to a similar position in the original class. Vie. TgmpoM Appointments 1. A temporary appointment may be made by the appointing authority, with the Human Resources Director's approval, when: 1. Any position in the classified service is to be filled and there are no persons on an employment list available. 2. There is a temporary vacancy due to the long-term approved leave of a merit employee. For the purposes of this provision, "long-term approved leave" shall mean a leave of absence expected to be at least three (3) months in duration. 3. A temporM gppointment will only be ,granted to a person who meets the minimum requirements for the class. -174.the depaAment head with the appr-oval of the Gity Manager- may make a tenTor- appointment A temporary -appointment shall not last longer than ninety days in any one fiscal year unless extended by the City Manager, or until an employment list shall have been established, provided that acceptance of a temporary appointment shall not be a bar to a probationary appointment from an employment list. Any person on an employment list who has been given a temporary appointment shall maintain 4heir position on the employment list. e:£ Voluntary Demotions At the request of an employee who has one year of continuous merit system service, and with the approval of the City Manager, an employee may be demoted from a position in one class to a position in another class with a lower salary range involving similar duties and responsibilities. The City Manager may require the employee to demonstrate in an examination that he-ef­shethey possesses any additional or special requirements. A 17 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 demotion from one class to another shall require the service of a new probationary period unless such probationary period is waived by the appointing authority. VII. ADMINISTRATION OF THE CLASSIFICATION PLAN a. Purpose of the Plan The classification plan provides a systematic arrangement and inventory of all city positions entitled to receive merit increases and such other positions as may be desired. The plan groups the various positions into understandable classes indicative of the range of duties, responsibilities, and level of work performed. b. Use of the Plan The classification plan shall be utilized to: 1. Determine applicant qualifications. 2. Determine salaries to be paid for the various classes of work. 3. Determine lines of promotion. c. Content of the Plan The classification plan shall consist of: 1. A grouping of positions into classifications on the basis of approximately equal difficulty and responsibility which requires the same general qualifications and which can be equitably compensated within the same pay grade. 2. A class specification title, indicative of the work of the classification, which shall be used on all personnel, accounting, budget, and related official records. No person shall be appointed to a classified position under a title not contained in the classification plan. 3. Written class specifications for each classification containing the nature of the work and relative responsibilities of the class, typical illustrative tasks found in the classification, requirements of the classification setting forth the necessary knowledge, skills, and abilities required for adequate performance of the work, and the desirable experience and training needed for recruiting to the classification. d. Maintenance of the Classification Plan The plan shall be maintained by the Human Resources Department who shall be charged with the responsibility of providing for the continued, proper allocation of the employees to positions. The Human Resources Department shall: 1. Have the appointing authority submit a position description reflecting current or anticipated changes so the position can be properly allocated when a new position is anticipated or when there is reason to believe that a significant change in the existing duties and 18 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 responsibilities has or is to occur. 2. Recommend the abolition of positions and classes that are obsolete to program needs and recommend new positions and classes where appropriate. New or reclassified positions shall be filled in accordance with Rule IV as determined by the appointing authority and Human Resources Department. 3. Periodically review the classification and grade of all positions and where necessary make recommendations to the City Manager for appropriate amendments. The City Manager has the final approval of amendments to class specifications for existing classifications, including revisions to duties, knowledge, and licenses/certifications and class specification titles. Recommendations for changes in compensation, adding new or abolishing old classifications shall be done only with the approval of the City Council. 4. A class may be reclassified or regraded to a higher or lower pay grade based on the relative importance of each class to all other classes in the classification plan. Reclassifying may be necessary due to recruitment difficulties, changes in existing factors such as judgment required, scope and complexity, supervisory responsibilities, etc. Positions shall not be reclassified unless a significant change in the duties and responsibilities has occurred, and then only with the approval of the City Manager and City Council. e. Classification and Allocation Reviews Any department head may request the Human Resources Department to review the existing class or grade level of a position when there is reason to believe a significant change in the duties and responsibilities has occurred. The Human Resources Department shall determine the proper class and grade and shall recommend any necessary changes to the City Manager. If the department head does not concur with the decision of the Human Resources Department, the determination may be appealed to the City Manager whose decision shall be final. When an employee is reclassified, they shall be appointed at the step in the salary range for the new position that is closest to their current salary, but not below it and, if not at the top of the salary range, are eligible for a salary step increase twelve (12) months from the date of reclassification. f. Class Specification Class specifications are descriptions of the general kinds of work performed by positions allocated to each class. They are not intended to be restrictions or to list all duties performed by position incumbents. The Human Resources Department shall make interpretations as necessary in the administration of the classification plan. g. Amendments to the Classification Plan Recommendations relative to amendments in the classification plan shall be submitted to the City Manager for concurrence and then to the City Council for adoption, with the exception that the City Manager is the final authority for revisions to 19 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 existing class specifications (including duties, knowledge, and licenses/certifications) and class specification titles as outlined in VII D3. VHL DEPARTMENT RULES All rules and regulations of the departments of the city shall be subordinate to the provisions of the rules and regulations of the merit system of personnel administration of the City of Burlingame. DC DISCIPLINE The City Manager, or any department head, with the approval of the City Manager, may suspend, reduce in pay, demote or discharge any classified or unclassified employee, other than direct appointees of the City Council, for due cause and subject to the right of appeal as set forth in Rule X. A written statement of the grounds for proposed disciplinary action shall be delivered to the employee, with copies of all materials relied on in proposing the discipline. At his or her request, the employee shall be given a pre -disciplinary hearing by the assigned Skelly Officer. The decision shall be in writing and copies shall be delivered to the employee. The decision shall be final unless a written appeal is filed as provided in Rule X. a. DUE CAUSE The following are declared to be sufficient causes for discipline, though charges may be based on causes other than those enumerated: 1. That the employee is inefficient or incompetent, inefficient or fails in the performance of his or her duty. 2. That the employee repeatedly has been offensive in his or her conduct toward fellow employees or the public. 3. That the employee is unable to perform his or her duties due to mental or physical disability. 4. That the employee has refused or failed to obey any lawful and reasonable direction given by his or her supervisor. 5. That the employee has taken for personal use a fee, gift, or other valuable thing in the course of his or her work or in connection with it when such fee, gift, or other valuable thing is given him or her by any person in the hope or expectation of receiving a favor of better treatment than that accorded other persons. 6. That the employee has been convicted of a criminal offense involving moral turpitude. A 20 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 plea of no contest shall be deemed a conviction. 7. That the employee through negligence or willful conduct has caused serious damage to public property or waste of public supplies or funds. 8. That the employee has been guilty of any conduct unbecoming, including dishonesty, an officer or employee of the city. 9. That the employee has been absent without leave, or has had excessive absenteeism. 10. Violation of any of the provisions of these Rules, the Municipal Code, or any City or departmental policy. X HEARINGS Any employee who has been disciplined, as defined in Rule IX, shall have the right of appeal. Within ten (10) business days upon receipt of the Notice of Imposition of Discipline, the employee, by written notice to the Human Resources Director, may request an appeal hearing be submitted to an ad hoc review board. Business days are defined as days that City Hall is open to the public. The ad hoc review board shall be selected as follows: The City shall select one member, the employee shall select one member and the two members thus chosen will select a third impartial member from a list supplied by the State Mediation Conciliation Service (SMCS) who will serve as Chair of the Board. SMCS will supply a list of five names of persons experienced in disciplinary hearings. Each party shall alternately strike a name until one remains. The remaining panel member shall be the third member of the ad hoc review board. The order of the striking shall be determined by lot. The City will pay the fees of the panel Chair selected from SMCS. The board shall, as soon as possible, hear and receive evidence and render a decision on the disciplinary action. Such a hearing will not be open to the public and will be recorded by a Court Reporter paid for by the City. The disciplinary action can be upheld, modified, or rejected by the panel. The board's decision will be explained in writing and any changes or modifications to the disciplinary action clearly explained. The decision by the board is advisory to the City Manager. The City Manager can adopt the proposed decision in its entirety; reject the proposed decision; refer the case back to the panel to take additional evidence and then render a decision; or modify the decision. XL ABOLISHMENT OF POSITION 21 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 The City Council may at any time in its discretion abolish a position in the classified service or in the interest of economy vacate a position and thereby discharge the employee holding such position or employment. Should such position or any position involving all or any of the same duties be re- established or created within a year, the employee discharged shall be appointed thereto in preference to any other qualified person on the employment list for such position. XK LEAVES OF ABSENCE a. Vacations Employees shall be entitled to vacation pay in accordance with applicable MOUs, and benefit and compensation resolutions. 1. Earned vacation time may be accumulated but the employee shall not be allowed to have an accumulation of more than two years credit at any time. 2. The time at which an employee shall be granted vacation shall be at the discretion of the department head. 3. When an employee is separated from the service, his-�their earned vacation allowance shall be added to or subtracted from e heir final compensation. Such employees shall not be allowed to remain on the City payroll and accrue sick leave, vacation, or other benefits beyond the last day actually worked, with the exception that a department head may approve up to a two week vacation before separation. b. Sick, Bereavement, and Disability Leaves i. Sick Leave Defined Sick leave is absence from duty with pay because of an employee's illness or injury, exposure to contagious disease, necessary medical, dental, or optical examinations, or treatments for the employee, or attendance upon a member of leis or- her- heir immediate family seriously ill and requiring care by the employee. When indicated, the department head or City Manager may at their discretion require the employee to submit a doctor's certificate or other acceptable proof to substantiate the employee's absence. ii. Bereavement Leave In the event of the death in the immediate family of an employee, absence from duty shall be allowed not to exceed three days. In the event of the death of a relative not a member of the immediate family, absence from duty shall be allowed not to exceed one day. Such absences shall not be charged to sick leave. 22 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 For the purposes of this rule, "immediate family" means father, mother, step -father, step -mother, husband, wife, registered domestic partner, son, daughter, step -son, step -daughter, sister, legal guardians/children under guardianship, foster children, brother, step -sister, step -brother, grandparents, grandchildren, mother-in-law and father-in-law. iii. Accumulation of Sick Leave All employees, excluding casual, part-time employees, shall be entitled to sick leave allowance at the rate of 8 hours for each calendar month of regular time worked. Casual, part-time employees shall be entitled to sick leave in accordance with the part-time compensation and benefit resolution. Unused sick leave may be accumulated from year to year up to a maximum of 2,000 hours. Termination of employment except by retirement cancels all accumulated sick leave credit. Upon retirement, employees with sick leave balances may convert all sick leave hours to Ca1PERS credible service per GC Section 20965. iv. Disability Leave. Disability leave is absence from duty granted because of illness or injury arising out of and in the course of their employment. Disability leave shall be governed by the provisions of the worker's compensation laws of the State of California and the benefits and allowance provided under it. Disability leave shall not be deemed as sick leave. 4. Use of Sick Leave. Sick leave is charged at the actual time used. No employee shall be allowed sick leave pay for time off due to illness for time which is not part of the regular normal work week of such employee. v. Compulsory Sick Leave. If in the opinion of the City Manager, an employee is incapacitated for work on account of illness or disability, such employee may be required to submit to a physician designated or approved by the City Manager for examination. If the report of a physician shows the employee to be in an unfit condition to perform or- he duties, the City Manager shall have the right to compel such employee to take sufficient leave of absence to fit hini-o�them to perform heir duties. vi. Sick Leave Pay Computation. Sick leave shall be paid at the rate the employee would be paid for working during the same period. c. Military Leaves of Absence Military leave of absence, with or without pay, shall be granted to employees under applicable provisions of Federal and State law. 23 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 d. Paid Parental Leave Merit employees are eligible to receive up to four (4) continuous weeks of paid leave after the birth or initial placement of a new child in connection with adoption or foster. The leave must be used within the 12 calendar months following the birth or new placement of a child. e. Other Leaves of Absence With or Without Pay A Department Head may j1pprove a sabbatical (unpaid leave of absence) of LIP to six (6) months. The City Manager may, for good cause, grant other leaves of absence with or without pay, not to exceed one year. At the end of the approved leave, if the employee does not return to his or heheir former position, all Civil Service rights shall be deemed as terminated. B. Right of Employee to Retain Position When leave of absence with or without pay is granted, the employee shall be restored to the position vacated by him or her at the expiration of his or her leave. II. HOLIDAYS The following are considered as official holidays for employees of the City of Burlingame subject to modification by employee MOU: January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1 st Monday in September 2nd Monday in October People's Day November I I 4th Thursday in November after 4th Thursday in November December 24 (1 /2) December 25 December 31 (1/2) New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day CeltuRbusIndi eg nous Veterans Day Thanksgiving Day Friday Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Every day appointed by the President of the United States or the Governor of this state for a public fast, thanksgiving, or holiday and every day pronounced as a national day of 24 DocuSign Envelope ID: 6BB48008-4C40-4D7A-9B8F-F98764F10B06 mourning is a holiday when approved by City Council. If the first day of January, fourth day of July or twenty-fifth day of December falls upon a Saturday, the preceding Friday is a holiday. If the first day of January, fourth day of July, or twenty-fifth day of December falls upon a Sunday, the following Monday is a holiday. Should Christmas or New Year's fall on a weekday Tuesday through Friday, the one-half day will be taken on the day preceding the holiday. Should Christmas or New Year's fall on Saturday, Friday being the one day off, the one-half day would be taken on Thursday. Should Christmas or New Year's fall on Sunday or Monday, Monday being the one day off, the one-half day would be taken on Friday. When due to the requirements of the service it is necessary for an employee to work on any of the above holidays, credit shall' be given and he-op—Atethey shall be allowed subsequent time off for such work or pay to compensate for such work in accordance with the operational program of the department. III. OUTSIDE EMPLOYMENT D. Outside employment by a city employee shall be a privilege subject to the approval of the City Manager or the department head which he or- shethey may designate. E. Outside employment shall be limited to a maximum of 20 hours per week; days off accepted. 25