HomeMy WebLinkAboutR10-Redevelopment Agency
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DBVELOl'IIIIIr DBP~.. OF mE
CITY OF SA1f -nDnro
JIBOIJlI:ST FOR CORIISSION/COIIIICIL ACTION
From:
DlmETH J. IIBNDIRSOR
Executive Director
Subject: BCOIlOlllC DBVBLOl'IIIIIr
AGDCY PDSOIIIIBL POLICIES
AID PROCBDUIBS FOR
GIlIBIAL 1IIIT BIIPLOYBBS AID
IIID--"& JUCRIl!l
Date:
April 11, 1991
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Synopsis of PreYioWl C~..iODlCcnmc:il/C_ittee Action:
On April 4, 1991, the Redevelopment Committee recommended these items
be forwarded to the Community Development Commission for consideration.
Rec....en4ed Action:
lc.-.-.ft9' DIIY.l,......t c..-f..iOlll
RESOLUTION OF mE c;lIl_u:r DBVELOl'IIIIIr CORIISSIOB OF mE CITY OF SAR
BBlMRDIBO, APPIOVIIIG l!n'I'u. PDSOIIIIBL POLICIES AID PIOCBIlUUS FOR THE
COII__.lTl DBVELOl'IIIIIr CORIISSIOR OF mE CITY OF SA1f RI!IIII&lmtJlO,
ICOBOllIC DBVBLOl'IIIIIr AGaCY, GIlIBIAL mo:r BIIPLOYBBS AID CERTAIR
PllSOIllUL POLICIIS AID PlOCBDUIIS FOR mE CDII_.Il.lfi DBVILOl'IIIIIr
COIlIIISSIOR OF mE CITY OF SA1f IlBlIlIAIDIBO, BCOIIOIIIC DBVELOl'IIIIIr AGDCY,
1IID-P"W&CRlPR.
AAIUIIliLII J. OR, bec:utbe Director
Deye101lUllt Deps t
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Contact Person:
Ken Henderson
Phone:
5065
Project Area(s):
All Proiect Areas
Ward(s) :
1 throU2h 7
Supporting Data Attached:
Staff ReDort: Resolution
FUNDIRG REQUIREMENTS:
Amount: .$ RIA
Source:
Budget Authority:
CommissiODlCouncil Bates:
KJH:lab:0157R
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Agenda Item Ro:
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DBVBLOPIIDr DBP~.[
STJI'F IIPORr
nA Peraftftft-l Pollet.. aftA Proelldure8 for
~.r.l Unit bnlaye_ ...d JUA---..ers
The Mayor and Common Council have previously authorized certain actions
in connection with the restructuring of the Iconomic Development Agency
(IDA). As a part of the restructuring of the Commission and decisions
made relative to the approved organizational and staffing plan, staff
has prepared personnel policies and procedures for IDA General Unit
Employees and Mid-Managera. Due to the length and complexity of the
documents in question, the pOlicies and procedures were previously
provided to the Community Development Commission under separate cover
(April 2, 1991).
These items, in conjunction with the Management and Confidential
Employee Compensation and Benefits Plan (this item is contained
'e1sewhere in your agenda packet), places all IDA employees under
.Commission-approved personnel policies and procedures. Said policies
and procedures have undergone extensive staff and legal review by the
Agency and Special Counsel.
In connection with the City Attorney's memorandum to the Mayor dated
March 28, 1991, regarding the status of IDA employees, the changes
recommended by the City Attorney, most importantly changing the status
of IDA employees from City employees to Commission employees, have been
made. The issues raised have been satisfactorily resolved by reason of
the restructuring of the Commission as it is now being proposed.
Staff recommend adoption of the attached resolution.
........~O., beC1ltive Director
Develo.-ent DepartlHlnt
LJlI: lab: 16311
CCIIUSSIO. IlEErIRG
Meeting Date: 04/15/1991
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COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
April 15, 1991
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be Taken:
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Certified copy of Resolution to be returned to Sabo , Green, a
15 Professional Corporation.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING CERTAIN PERSONNEL POLICIES
AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
ECONOMIC DEVELOPMENT AGENCY, GENERAL UNIT
EMPLOYEES AND CERTAIN PERSONNEL POLICIES AND
PROCEDURES FOR THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
ECONOMIC DEVELOPMENT AGENCY, MID-MANAGERS
Adopt Resolution.
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10 aused a restructurinq of its Community Development Department
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING CERTAIN PERSONNEL
POLICIES AND PROCEDURES FOR THE COMMUNITY
DEVELOPMENT COMMISSION OF '!'HE CITY OF
SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY,
GENERAL UNIT EMPLOYEES AND CERTAIN PERSONNEL
POLICIES AND PROCEDURES FOR '!'HE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY,
MID-MANAGERS
WHEREAS, the City of San Bernardino (the "City") has
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11 nd Community Development Commission (the "Commission") of the
12 ity of San Bernardino in order to promote the qoals and
13 ctivities of community and economic development and
14 edevelopment activities within the City; and
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16 WHEREAS, in connection with the restructurinq of
17 reviously existinq City, Redevelopment Aqency of the City of
18 an Bernardino and Commission operations and functions, the
19 ommission deems it desirable to approve certain Personnel
20 olicies and Procedures for the Community Development Commission
21 city of San Bernardino, Economic Development Al;Jency,
22 Unit Employees, a copy of which is attached hereto as
23 "A" and incorporated herein by this reference; and
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25 WHEREAS, also in connection with the aforesaid
26 estructurinq, the Commission deems it desirable to approve
27 ertain Personnel Policies and Procedures for the Community
28 evelopment Commission of the City of San Bernardino, Economic
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1 Development Aqency, Mid-Manaqers, a copy of which is attached
2 hereto as Exhibit "B" and incorporated herein by this reference;
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5 WHEREAS, the Personnel Policies and Procedures
6 referenced hereinabove pertain to the activities and duties of
7 Commission employees in connection with the operation and
8 manaqement of the Economic Development Aqency.
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10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
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n ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
12 SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND
13 ORDER AS FOLLOWS:
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15 Section 1. The Commission hereby approves the
16 Personnel Policies and Procedures for the Community Development
17 commission of the City of San Bernardino, Economic Development
18 Aqency, General Unit Employees, a copy of which is attached
19 hereto as Exhibit "A" and incorporated herein by this reference.
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21 Section 2. The Commission hereby approves the
22 Personnel Policies and Procedures for the Community Development
23 Commission of the City of San Bernardino, Economic Development
24 Aqency, Mid-Manaqers, a copy of which is attached hereto as
25 Exhibit "B" and incorporated herein by this reference.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN PERSONNEL POLICIES
AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, ECONOMIC DEVELOPIIENT AGENCY, GENERAL UNIT
EMPLOYEES AND CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR THE
COMMUNITY DEVELOPIIENT COMMISSION OF THE CITY OF SAN BERNARDINO,
ECONOMIC DEVELOPMENT AGENCY, MID-MANAGERS
Sec1:ion 3.
This Resolution shall take effect upon
its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
meeting
thereof, held on the
day of
,
1991, by the following vote, to wit:
commission Members:
AID
BAD
ABSTAIN
ESTRADA
15 REILLY
FLORES
16 MAUDSLEY
MINOR
17 POPE-LUDLAM
MILLER
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Secretary
The foregoing resolution is hereby approved this
day of , 1991.
W.R. Holcomb, Chairman
Community Development Commission
of the City of San Bernardino
25 Approved as to form and legal content:
Agency Counsel
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
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I, Secretary of the Community
Development Commission of the City of San Bernardino, DO HEREBY
CERTIFY that the foreqoinq and attached copy of Community
Development Commission of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on
file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Community Development Commission
of the City of San Bernardino this day of
, 1991.
Secretary of the
com.unity Development
commis.ion of the City of San
Bernardino
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PERSONNEL POIJCIES AND PROCEDURES
For
THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
GENERAL UNIT EMPLOYEES
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0 Section ~
ARTICLE I
1.1 Recoqnition 1
ARTICLE II
2.1 Kanaqement Riqhts 1
2.2 Exercise of Manaqement Riqht Powers 2
ARTICLE III
3.1 Salary Schedule 3
3.2 General Provisions 3
3.3 General Unit Member's Sal'ary Schedule 4
3.4 OVertime Compensation 4
3.5 Holiday Provision 5
: 3.6 Call-Back provision 5
3.7 Shift Differential 6
3.8 Hiqher Actinq Classification Pay 6
ARTICLE IV
4.1 Group Insurance Plans 7
0 4.2 Retirement Health Coveraqe 8
4.3 Mileaqe Allowance 8
4.4 Income Protection Plan 8
4.5 Life Insurance 9
4.6 Personal Safety Items 9
4.7 Disability Leave 9
4.8 Personal Leave 9
4.9 Holidays 10
4.10 Jury Duty 11
4.11 other Leave of Absence 12
4.12 Sick Leave 13
4.13 Vacation Accrual 15
4.14 Education Tuition Assistance 17
4.15 Public Employees' Retirement System 20
4.16 OVeraqe and Shortaqes 20
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ARTICLE V
0 5.1 Grievance Definition 20
5.2 Grievant Definition 21
5.3 Representatives 21
5.4 Days 21
5.5 Time Limitation and Waiver 21
5.6 STEP 1 21
5.7 STEP 2 21
5.8 STEP 3 22
5.9 STEP 4A 22
STEP 4B 22
5.10 Hearinq Procedure 22
5.11 Final Decision 22
ARTICLE VI
6.1 Reduction in Force 22
ARTICLE VII
.. 7.1 Dues Deduction 23
ARTICLE VIII
8.1 Discrimination 23
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PERSONNEL POLICIES AND PROCEDURES
FOR
THE
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
GENERAL UNIT EMPLOYEES
These Personnel Policies and Procedures (hereinafter "Policies")
have been approved by the COIIIIIunity Development COIIIIIission of the
City of San Bernardino (the "Co_ission") for the General Unit
Employees of the Economic Development Agency (the "Agency"). These
Policies shall be effective upon approval by the co_ission and
shall remain in effect year-by-year until modified, amended or
terminated by the co_ission.
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ARTICLE I
RECOGNITION
The Agency recognizes the General unit positions covered
by these Policies that exist in accordance with
Appendix "A", which relate to the Agency administrative
personnel and the Development Department.
1.1
ARTICLE II
MANAGEMENT RIGHTS
2.1 It is understood and agreed that the Agency retains all
of the powers and authority as set forth in Article 4.0
of the Statement of Policy as follows:
In order to ensure that the Agency is able to efficiently
carry out its functions and responsibilities as imposed
by law, the Agency has the exclusive right to _nage and
direct the performance of Agency services and the work
force performing such services; therefore, the following
matters shall be within the exclusive discretion of the
Agency. These rights include, but are not limited to,
the exclusive right to:
(A) Determine the mission of each of its operations.
(B) Establish the merits, necessity or organization of
any service or activity provided by law.
(C) Direct the work of the Agency employees.
(D) Set standards of service.
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April 9, 1991
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(E) Determine the overall responsibilities of _ployees
assiqned to carry out the various operations of the
Aqency.
(F) Take disciplinary action.
(S) Take all necessary action to carry out the
functions of the Aqency in emerqency situations.
(H) Determine the methods, means, and personnel by
which operations are to be conducted.
(1) Determine the budqet and orqanization of the
Aqency.
(J) Layoff _ployees because of lack of work, chanqe
in _phasis or for other leqitimate reasons, as
authorized under Civil Service Chapter 5, Rule No.
511.
(K) Determine the content of jOb classifications.
(L)
(M)
(N)
Expand or diminish services.
Subcontract any work or operations.
Determine the size and composition of the work
force and determine work assiqnments.
Establish and
assiqnments.
(P) Establish the days and hours when employees shall
work.
(0)
chanqe
work
schedules
and
(Q) Establish reasonable work and safety rules and
requlations in order to maintain efficiency and
economy desirable in the performance of Aqency
services. .
(R) To hire, promote, demote, transfer, terminate lnd
classify _ployees within the Aqency.
2.2 Exercise of Manaaement Riaht Powers:
SBBO\lIOO1\D0C\412
The exercise of the foreqoinq powers, riqhts, authority,
duties and responsibilities by the Aqency, the adoption
of policies, rules, requlations and practices in
furtherance thereof, and the use of judqment and
discretion in connection therewith, shall be limited only
by the specific and express terms of these Policies, and
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then only to the extent such specific and express terms
are in conforaance with law.
ARTICLE III
SALARIES
3.1 Salary Schedule:
The salary schedules listed in Section 3.3, applicable to
General Unit members, shall be used for the purpose of
assiqninq ranqe and step classifications. The salary
schedule shan be effective upon approval by the
COlDIDission.
3.2 General provisions:
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(A) All new ..ployees shall be placed at a minimum at
Step A of the "General ElDployees' Salary Schedule,"
and shan be subject to a six-month probationary
period beqinninq on the first day of ..ployment.
The Executive Director of the Development
Department, a division of the Economic Development
Aqency, or the Aqency Administrator, shall have the
authority to appoint General Unit ..ployees to a
step hiqher than step A.
(B) On the first workinq day followinq the successful
completion of the probationary period, the new
employee shall be advanced to the "B" (or next)
step of the "General bployees' Salary Schedule"
currently in effect. This date shan be
established as the General Unit member's
"Anniversary Date." upon completion of each
subsequent one-year period, the General Unit member
shall advance throuqh the "C," "D" and "E" Steps of
the schedule, provided that satiSfactory and
positive recolDIDendations for advanc..ent have been
submitted to the General Unit member's supervisor.
Any General Unit ..ployee appointed at a step
hiqher than Step A will not be eliqible for a step
increase until eiqhteen (18) months have elapsed
from the date of initial appointment and twelve
(12) months have elapsed from the "Anniversary
Date" as defined herein.
(C) There shan be step advanc..ents throuqh the Salary
Schedule until the "E" Step is reached, provided
that satisfactory work perforaance evaluations have
been maintained and positive recOllllendations for
advancement have been submitted to the General Unit
member's supervisor. Employee evaluations shan be
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conducted within thirty (30) days prior to the
"Anniversary Date" or the date specified by the
supervisor for a special reevaluation. All salary
increases shall be effective on the "Anniversary
Date" or as specified by the Executive Director,
Development Department, or the Agency
Administrator, as appropriate, in cases of special
reevaluations. After the General Unit member has
reached STEP "F" of the Salary Schedule, the
General Unit member's evaluations shall be
conducted at least annually and shall be conducted
within thirty (30) days prior to his "Anniversary
Date."
(D)
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The assiqnment or reassiqnment of range and step
classifications within the applicable Salary
Schedule resulting from appointments,
reClassifications, promotions, or demotions, shall
be at the discretion of and subject to approval by
the Agency.
(E) An existing General Unit member being placed in a
new classification (promotions or demotions) shall
be subject to a six-month probationary period
beginning at the first day in the newly assiqned
classification. This date shall then be
established as the General Unit member's new
"Anniversary Date." In the event of an
unsuccessful completion of the probationary period,
the General Unit member shall then be returned to
the range and step previously occupied, and the
"Anniversary Date: shall remain as it was prior to
the promotion. (See Civil Service Rule 500.3.)
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3.3 General Unit Member's SalarY Schedule - ISee ~nnendix A
and B\:
3.4 OVertime Comnensation:
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(A) A General Unit member who works more than forty
(40) hours in anyone work week, will be paid. in
accordance with the Fair Labor Standards Act. The
first forty (40) hours of work will be paid at the
straight time hourly rate irrespective of hours
worked in anyone day.
(B) Regardless of whether the employee is on an excused
time off with pay status, hours not worked shall
not count toward the forty (40) hours in anyone
work week. Hours not worked include sick leave,
personal leave charged to vacation, leave of
absence, and Employee Association activities.
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3.5 Holidav provision:
3.6
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(A) For the purpose of this article, holidays are those
days designated in Article IV hereof.
(8)
Any General Unit member required to work on a
holiday (with the exception of Christmas' Day,
Thanksqivinq Day, July 4th and New Years Day), as
part of the General Unit member's reqularly
assigned work period, shall receive payment for the
holiday at their reqular hourly rate of pay, plus
payment at their reqular hourly rate of pay for all
or any portion of the holiday actually worked. At
the General Unit member's option, the General Unit
member may elect to receive payment at his reqular
hourly rate of pay for all or any portion of the
holiday actually worked, and must schedule,
accordinq to seniority within the next pay period,
a day off at his reqular hourly rate of pay. This
schedule must meet the approval of the General Unit
member's supervisor.
(e) A General Unit member required to be physically at
work as a part of the reqularly assigned work
period on Thanksqivinq, Christmas Day, July 4th or
.New Years Day, shall receive payment for the
holiday at their regular hourly rate of pay plus
time and one-half of their reqular hourly rate of
pay for all or any portion of the holiday actually
worked, inclusive of shift differentials. At the
General Unit member's option, the General Unit
member may elect to receive payment at time and
one-half of their reqular hourly rate of pay for
all or any portion of the holiday actually worked
and must schedule, accordinq to seniority within
the next pay period, a day off at their reqular
hourly rate of pay. This schedule must meet with
the approval of the General Unit member's
supervisor.
(D) A General Unit member on a non-pay status the day
before and/or after a holiday(s) designated in
Article IV hereof shall not be entitled to holiday
compensation.
Call-Back Provision:
(A) When a General Unit member is required to
physically respond to a valid service call, he will
be compensated at his reqular overtime hourly rate,
commencinq from the time that the call was received
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and endinq at the time of return to his place of
residence.
(B) When a General Unit member is required to respond
to a valid service call, he will be compensated at
his regular overtime rate as set forth in Article
III, Section 3.4. The "time worked," shall
cOlDlDence from the time that the General Unit member
receives the call and end at the time of return to
his place of residence, except that in no case
shall the General Unit member be paid for less than
two hours.
3.7 Shift Differential:
3.8
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General Unit members who are required to work swinq or
qraveyard shifts will be paid a shift differential at the
followinq rates:
Swinq Shift
Graveyard Shift
$0.50 Per Hour
$0.60 Per Hour
These rates will be paid in addition to regular hourly
rates, provided that a General Unit member is physically
at work at least four (4) hours of the assiqned shift.
Hiaher Actina Classification p.v:
upon approval by the Executive Director, Development
Department or the Aqency Administrator, as appropriate,
a Mid-Manaqer may assiqn or reassiqn a qualified employee
to discharqe the duties of a hiqher classification when
a position is vacant, or in the absence of the incumbent,
for a period not to exceed 120 workinq days. An _ployee
so-assiqned in writinq by the Mid-Manaqer, with the
approval of the Aqency Administrator, will serve an
initial work demonstration period of 20 consecutive
workinq days. After successful completion of the work
demonstration period, the employee shall be compensated
at the hiqher classification rate, retroactive to the
date the General Unit member was first assiqned to the
hiqher actinq classification. The entire period. of
assiqnment at the hiqher classification, includinq the
initial work demonstration period, may not exceed 120
workinq days.
After the 120 workinq days as above has elapsed, a Mid-
Manaqer may assiqn the employee to perform work in the
hiqher classification for short periods of time as
required by the workload of the department. Any employee
so-assiqned shall receive compensation for all hours
worked in the hiqher classification.
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A period of 3 months must elapse before the eaploy.e can
be reassigned to the higher classification for an
additional 30 working days only. The 3 month interval of
time shall be calculated from the last day of
compensation for service at the higher classification.
In such case, the reassigned eaployee will not be
required to satisfy the initial 20-day demonstration
period and will be eligible to receive the higher
compensation cOlDlllencing with the first day of
reassignment.
An eaployee assigned to work in an Acting Higher
Classification shall receive at least 5' above hiS/her
current base rate of pay.
ARTICLE IV
BENEFI~S
4.1 GrOUD rn8urance Plans:
SBEO\OOOI\IlOC\412
(A) The Agency shall maintain a program of aedical-
health, dental, vision, life and accidental death
and dismemberment in force for the benefit of all
fUll-time, permanent employees. The Agency will
continue to provide a choice by the eaploye. of a
prepaid health car. medical plan (HMO) or an
indemnity-type group health plan. To impleaent
this, the Agency/COIDIIIission has approved
participation in the medical health insurance
benefit plan of the Public Employees' Retireaent
Systea ("PERS") provided pursuant to the state
Employees' Medical and Hospital Care Act, effective
August 1, 1989. General Unit members will have
available to thea amounts as are available to other
General Unit members eaployed by the COlDlllission to
utilize for Agency/ColDlllission approved benefit
plans. Purchase of health insurance for
dependent(s) is required in order to have access to
the Agency's contribution for dep.ndent(s). Agency
contributions not utilized on these plans are not
usable in any other way and revert to the Agency if
not utilized. .
(B) Cafeteria monies may be redesignated or a change of
plans may be made annually during the open
enrollment period only. Plan additions and drops
are permitted during open enrollment only, except
for new dependents or the loss of one through
divorce, death or maximum age of child.
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(C) It is incumbent upon the General Unit member to
complete the cafeteria plan form, available from
the Agency, in order to receive benefits.
Cafeteria forma completed will be processed with
the payroll for full month compensation only.
General Unit members not signing up for the
cafeteria plan will not receive the benefit of
same.
4.2 Retirement Health Coveraae:
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(A) The Agency agrees to pay to PERS the sum of $16.00
per month toward the monthly premium for medical-
health coverage only as outlined in Article 4.1(A)
for each retiree that meets PERS eligibility
criteria for coverage under their medical-health
plan. The full-time General Unit members who
retire may continue to participate in the health
care plan, as outlined, provided the General Unit
member makes the arrangements for premiums to be
paid through the retireaent program. This benefit
is dependent upon the continued approval of the
insurance carrier.
(B) After a full-time General Unit member retires with
a minimum of twenty (20) years of service, and has
attained the age of fifty-five (55), the Agency
agrees to pay a monthly contribution as set forth
herein, not including the amount set forth in
Article 4. 2A, for medical coverage only for an
eligible General Unit member's premium for a group
health insurance plan as outlined in Article 4.1.
MAXIMUM
AGENCY CONTRIBUTION
EFFECTIVE 7-1-90 EFFECTIVE 7-1-91
Ages 55-65
Over 65
$ 116.51
53.73
$ 132.41
62.10
4.3 Mil.Bas Allowance:
General Unit members who are required to drive their
personal vehicle in the performance of work duties will
receive a mileage allowance of $.255 per mile for
authorized Agency travel.
4.4 Income Protection Plan:
SBEO\llOOIIDOCI412
Agency agrees to provide a fully paid income protection
plan for extended illness or disability for all eligible
General Unit members. The plan will provide 66-2/3% of
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salary benefit, until aqe 65, minimum 90-day waitinq
period or until all sick leave is utilized at the option
of the General Unit member prior to start of payments.
4.5
Life :Insurance:
The Aqency shall maintain in full force and effect term
life insurance coveraqe on full-time General Unit members
in the amount of $20,000.
4.6 Personal Safetv Items:
prescrintion Safetv Glasses: The Aqency aqrees to
purchase prescription safety qlasses for those General
Unit members workinq in classifications/work assiqnments
desiqnated by the Aqency's Safety Committee. The
employee shall be required to submit their prescription
to the Aqency. The purchase of safety qlasses shall be
limited to one (1) pair every two (2) fiscal years.
4.7. Disabilitv Leave:
(A) If an employee sustains an injury durinq the course
of his work performance which results in that
General Unit member beinq absent from work,
compensation shall be provided in accordance with
the Workers' Compensation Insurance and Safety Act
of California.
(8) Durinq the first thirty (30) days of the General
Unit member's disability or injury, he shall
receive one hundred percent (lOOt) of his reqular
compensation. If the General Unit member has not
returned to work by the thirty-first (31st) day
followinq the date of injury, disability
compensation will be implemented. Upon the General
Unit member's request, accrued sick leave credits
may be utilized to supplement the temporary
disability compensation to the extent that total
compensation received will equal the amount of the
General Unit member's reqular compensation.
Utilization of accrued sick leave for supplemental
payment shall cease with the termination of
temporary disability, or at such time the General
Unit member's accumulated sick leave credit is
exhausted.
4.8 Personal Leave:
A General Unit member may request a leave charqeable
aqainst sick leave, not to exceed three (3) days per
year, for the purpose of attendinq to personal business
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which cannot be transacted during non-duty hours so long
as such General Unit .ember has sufficient sick leave
available. Such leave .ust be approved in advance by the
Executive Director, Development Departaent, or the Agency
Administrator, as appropriate, and shall not accumulate
from year to year.
4.9
Holid~vs:
The Agency agrees to adopt the following holiday
schedule:
Independence Day
Labor Day
July 4th
First Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 24th
Veteran's Day
Thanksgiving Day
Day.After Thanksgiving
Christmas Eve Day
Christmas Day
December 25th
New Year's Eve Day
December 31st
New Year's Day
January 1st
Third Monday in January
Last Monday in May
Anytime between July 1 through
June 30
Martin Luther King Day
Memorial Day
Two Floating Holidays *
* Anytime between July 1 through June 30, the floating
holidays may be taken with the prior approval of the
General Unit .ember's immediate supervisor after the
General Unit member's successful completion of the six-
month probationary period.
The Agency reserves the right to assign work on any of
the holidays designated above, provided that any General
Unit member required to work on a holiday shall be paid
in accordance with Paragraph 3.5 of these Policies.
NOTE: If the Christmas and New Year's holidays occur on
Mondays, these holidays and holiday eves will be observed
on Mondays and Tuesdays.
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All General Unit members will be granted the preceding
holidays at full compensation in accordance with Article
III, Section 5 hereof.
If a holiday occurs on Sunday, it shall be observed on
the following Monday. Holidays occurring on Saturday
will be observed on the preceding Priday.
If a General Unit member's scheduled day off occurs on an
observed holiday, the General Unit member shall schedule,
within the next pay period, a day off at his regular
hourly rate of pay. This schedule must meet the approval
of the General Unit member's supervisor.
4.10 Jurv Dutv:
Every General Unit member of the Agency who is officially
called to serve as a court trial juror shall be entitled
to be absent from their duties during the period of such
jury duty.
Q
If a General Unit member who is assigned to a regular
daytime work period is called to serve jury duty
commencing at 8:00 a.m., and such jury duty does not
exceed four (4) hours duration, it shall be the
responsibility of the General Unit member to report to
work within a reasonable tiae after being released from
jury duty on that day. Should jury duty exceed four (4)
hours duration on any regularly scheduled work day, the
General Unit member shall not be required to report for
work on that same day following his release from such
duty.
If a General Unit member's work period commences at a
time other than daytime hours, and that General Unit
member has served in excess of four (4) hours jury duty
during the day prior to the cOlllllenc_ent of the work
period, that General Unit member shall not be required to
report for work at the commenc_ent of his regularly
scheduled work period. If the General Unit member has
served less than four (4) hours jury duty, he shall
report for work at the scheduled time. .
When called for jury duty, the General Unit member shall
promptly notify his immediate supervisor of any intended
absence from work resulting from such duty. If a General
Unit member fails to prolllptly report notification of jury
duty, or is absent without proper notification, the
General Unit member shall be considered absent without
leave on a non-pay status.
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4.11
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While serving on official jury duty, a General Unit
member shall be compensated at thiB regular rate of pay,
provided that all fees paid to the General Unit member of
jury duty ere surrendered to the Agency. Automobile
expenses related to jury duty are ex_pt from this
requir_ent.
O~er Leave of Ab...nce:
(A)
(8)
Under certain conditions, a General Unit member may
be granted leave of absence without pay. In order
to receive consideration, a written request,
stating the specific reasons for the leave of
absence and the proposed duration thereof, must be
submitted to the co_ission. If the COI1I1ission
determines that the leave of absence is justified,
the _ployee may r_ain absent from work in a non-
pay status for an approved period of time. The
General Unit .-bar may have the option of using
his accumulated sick leave and vacation leave in
its entirety prior to a leave of absence without
pay. A request for an extension of leave of
absence must be submitted not later than two (2)
weeks prior to the expiration of the current leave
of absence.
During an authorized leave of absence, vacation,
sick leave and retirement credits shall not accrue.
Upon the General Unit member's return to service,
the accrual of vacation, sick leave and retirement
credits shall resume. It will be the General Unit
member's responsibility to assume payment of the
pr_iUll8 for all applicable health, medical and
life insurance policies during the period of the
leave of absence.
Any General Unit m~ who enters the Armed Forces
of the United states during war or national
_ergency, as declared by the President or Congress
of the United states, shall be entitled to a leave
of absence without pay for the duration of such
service and for a period of ninety (90) d,ys
thereafter. Any General Unit member returning to
the Agency within the specified time, and who has
been honorably discharged from military service,
shall be reinstated to his former position without
loss of status or seniority, provided he is not
physically or mentally incapacitated from the
performance of military duties. Any person
selected to fill a position vacated by a General
Unit member called to military service will be
considered a t_porary appointee only.
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(C) General Unit members shall be entitled to military
leave ,in accordance with applicable law.
Sick Leave:
(A)
Upon completion of six (6) months of continuous
full-time amployment, a General Unit member will be
credited with six (6) days (forty-eight (48) hours)
of sick leave. Thereafter, sick leave accrues at
the rate of 3.7 hour. per pay period, or one (1)
day (eight (8) hours) per month. If a General Unit
member ramains in a non-pay status for fifty
percent (50t) or more of the total normal work
hours in the pay period, sick leave credit will not
be earned for the entire pay period.
Authorized vacation, sick leave, holidays, or other
compensated time off shall be considered as time
worked for the purpose of computing accrued sick
leave. General Unit members shall not accrue sick
leave during the period of an authorized leave of
absence without pay, or the duration of compensated
disability leave resulting from a work-related
injury. The accrual of sick leave will be
unlimited with no maximum allowance.
(B) Sick leave means the absence from duty of a General
Unit member because of illness or injury, exposure
to contagious disease, attendance upon a member of
his immediate family who is seriOUSly ill, or death
in the General Unit member's immediate family.
Members of an immediate family are considered to be
a General Unit member's spouse, grandmother,
grandfather, grandchildren, mother, father, sister,
brother, son, daughter, mother-in-law, father-in-
law, sister-in-law, brother-in-law, son-in-law and
daughter-in-law.
Sick leave shall not be considered as a
discretionary General Unit member's right, and will
be allowed only in case of actual necessity
resulting from personal sickness, disability,
attendance to an immediate family member, or as
otherwise provided in this Article.
(C) All eligible General Unit members who are compelled
to be absent from work due to illness or injury,
other than that caused by or resulting from their
own moral turpitude or injudicious actions, or that
which is compensable under Article 4.10 of this
Section, shall be entitled to receive full
compensation for each day of accrued sick leave
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used. A day, as referred to herein, shall mean a
normal eight (8) hour work period.
In order to receive sick leave compensation, the
General Unit .ember must notify his ~ediate
supervisor prior to or within thirty. (30) minutes
after the time set for beginning of a work day. In
case of an accident or _ergency, the General Unit
member or his representative should contact the
immediate supervisor at the earliest possible time
and explain the circumstances necessitating the
General Unit member's absence.
(D) Where there i. reason to believe that a General
Unit member has abused any paid leave, the Agency
may, require that the General Unit member submit a
doctor's certificate, affidavit, or other
documentation, on forms prescribed by the Agency,
as verification and substantiation of the absence.
A failure to provide the required documentation
will result in the deduction of salary for the days
of absence and may result in disciplinary action.
(E) During any calendar year, not more than five (5)
days of leave may be granted for each absence due
to the death of a member of the General Unit
member's immediate family.
(F) At such time a General Unit member completes his
first year of regular employment, he may exercise
one of the following options:
(1) At the end of any fiscal year, a General Unit
member who has not used more than three (3)
days of sick leave (either sick or personal
charged against his sick leave), may request
that one (1) day of credit be applied to his
vacation. The eight (8) hours of credit will
not be subtracted from the General Unit
member's sick leave accrual.
(2) A General Unit member may elect to have the
eight (8) bonus hours added to his sick leave
earned during the fiscal year. Once an option
is selected, it cannot be changed at a later
time during the fiscal year.
(G) The Agency agrees that upon retirement or death,
fifty percent (Sot) of accrued sick leave will be
paid to the General Unit member or the General Unit
member's beneficiary. Payment for unused sick
leave shall be made provided that in no event shall
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such compensation exceed one hundred and forty-four
(144) workinq days of such leave. A General Unit
member who has more than twenty-five (25) years of
service as of April 1, 1984 and has accrued 1920
hours or more of sick leave, shall not have any
compensation limit on such leave.
4.13
Vacation Accrual:
Full-time General Unit ..,..bers shall accumulate vacation
leave in accordance with the followinq schedule, and
shall take such leave accordinq to seniority with the
prior approval of the General Unit member's supervisor.
(A) Upon completion of one (1) year of continuous full
time employment with the Aqency, the Redevelopment
Aqency of the City of San Bernardino, the City of
San Bernardino, or the Community Development
commission of the City of San Bernardino, and
thereafter up to and includinq five (5) years of
continuous full time employment, each General Unit
member shall be allowed ten (10) workinq days
vacation with pay per year. Vacation shall accrue
at the rate of 0.833 workinq days per month, but
shall not exceed ten (10) workinq days in anyone
year.
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(D)
(B) Upon completion of five (5) years of continuous
full-time employment, and thereafter up to and
includinq fifteen (15) years of continuous full-
time employment, each General Unit member shall be
allowed fifteen (15) workinq days vacation with pay
per year. Vacation will accrue at the rate of 1.25
workinq days per month, but shall not exceed
fifteen (15) workinq days in anyone year.
(C) Notwithstandinq Subparaqraph (B) above, upon the
completion of the tenth (10th) year of continuous
full-time employment, the General Unit member shall
be allowed twenty (20) workinq days vacation with
pay. This twenty (20) workinq days vacation shall
be at the completion of the tenth (10th) year only.
Thereafter, throuqh and includinq the fifteenth
year vacation will be aqain calculated in
accordance with Subparaqraph (B) above.
Upon completion of fifteen (15) years of continuous
full-time employment, and thereafter up to and
includinq twenty (20) years of continuous full-time
employment, each General Unit member shall be
allowed twenty (20) workinq days vacation with pay
per year. Vacation will accrue at the rate of
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1.667 working days per month, but shall not exceed
twenty (20) working days in anyone year.
(E) Upon completion of twenty (20) years of continuous
full-time employment and thereafter, each General
Unit member shall be allowed twenty-five (25)
working days vacation with the pay per year.
Vacation will accrue at the rate of 2.0833 working
days per month, but shall not exceed twenty-five
(25) working days in anyone year.
(F) Vacation credits may not accumulate beyond a
maximum of two (2) years. Any vacation taken
during anyone (1) year may be the maximum of two
(2) years' accrual, and may not be taken jointly
with the vacation of the preceding or subsequent
years. A period of at least three (3) months must
elapse between the expiration of the accrued
combined vacations and any subsequent vacation.
The assignment and/or requests of vacation periods
will be subject to the approval of the Executive
Director, Development Department, or the Agency
Administrator, as appropriate.
(G) General Unit members shall have the option of
receiving payment at their reqular rate of pay for
one (1) week, forty hours (40), for their vacation
time once each fiscal year, provided that they have
accumulated a minimum of three (3) weeks vacation
credits. If an authorized holiday occurs within a
General Unit member's vacation period, that General
Unit member shall not be charged vacation time for
that holiday.
(H) When a General Unit member leaves the service of
the Agency, and has not used earned vacation since
his last anniversary date, payment shall be made to
the General Unit member for the earned portion of
his vacation, accrued to the date of termination.
If a General Unit member terminates prior to his
next anniversary date, and has received a vacation
with pay, a deduction for the unearned portion of
vacation shall be made in the General Unit member's
final pay period. Calculations of payment for
earned vacation or deduction for unearned vacation
upon termination shall be in accordance with
applicable salary schedules.
(I) If a General Unit member remains on a non-pay
status for fifty percent (50%) or more of the total
normal work hours in the pay period, vacation
credit will not be earned for the entire pay
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(J)
period. Authorized vacation, sick leave, holidays,
or other compen.ated time off .hall be considered
as time worked for the purpose of computing accrued
vacation. General Unit members shall not accrue
vacation l_ve during the period of an authorized
leave of absence without pay, or the duration of
compensated disability leave resulting from a work
related injury.
Vacation credits may be taken off in increments of
not less than half (1/2) days with prior Agency
approval, except for personal leave charged to
vacation.
(K)
For purposes of computing vacation accrual, a
General Unit member who was a full-time employee of
the City of San Bernardino, the Redevelopment
Agency of the City of San Bernardino or the
COlIIDunity Development COlIIDission of the City of
San Bernardino and transfers to the Agency as a new
employee, shall have the years of service to the
City of San Bernardino counted as continuous full-
time employment with the Agency.
4.14 Education Tuition Assistance:
SIII!O\OODllDOCl412
Section 1. Pumases
(A) To encourage the employees of the Agency to take
college courses and special training courses which
will better enable them to perform their present
duties and prepare them for increased
responsibilities.
(B) To provide financial assistance to eligible General
Unit members for education and training.
(C) To establish eligibility requirements, conditions
and procedures whereby such assistance may be
provided.
Section 2. Eliaibili~v
(A) Applications for tuition reimbursement will be
considered only from full-time, permanent Agency
employees who have completed probation.
(B) Reimbursement is not authorized for courses for
which the employee is receiving financial
assistance from other sources such as the GI Bill,
scholarships, etc.
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(C) Applications will be approved only for courses
directly related to the employee's job or directly
related to a promotional position in the employee's
occupational specialty.
(D) Courses not ostensibly related to the employee's
job, but which are required to qualify for a deqree
that is directly related to his job may be
reimbursable, only after all required
occupationally-related courses have been completed.
(E) Prior to receivinq tuition reimbursement, employees
must submit documentary proof of havinq received a
qrade of not less than "C" for the course. If
objective ratinqs are not rendered for a specific
course, then a certificate of successful completion
must be submitted.
(F) Approval will be limited to courses qiven by
accredited colleqes and universities, city colleqes
or adult education courses under the sponsorship of
the Board of Education. Workshops, seminars,
conferences and similar activities not identifiable
as a formal course of instruction within the
curriculum of a recoqnized educational institution
do not fall within the purview of this proqram, but
may be authorized and funded by the Aqency upon
approval of the Executive Director, Development
Department, or the Aqency Administrator, as
appropriate.
(G) When an employee is required by his or her
department head to attend a particular course or
seminar, the expense shall be borne entirely by the
Aqency.
Section 3. Reimbursement
(A) Reimbursement will be for the cost of tuition or
reqistration fees and the required texts and
related material for each course. Additional
expenses such as meals and parkinq fees are not
reimbursable.
(B) Costs for required texts are eliqible for one
hundred percent (l00') reimbursement subject to the
followinq conditions:
(1) That a duplicate of the required text(s) was
unavailable for loan from the Aqency's library
prior to the commencement of course work;
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(2)
(C)
That any textbook(s) purchased by the Agency
shall be turned in for placement in the
library maintained by the Agency in order that
such text(s) may be _de available to all
employees.
tuition or registration costs of fifty dollars
($50.00) or less are eligible for one hundred
percent (loot) reimbursement. Tuition costs in
excess of fifty dollars ($50.00) are eligible for
seventy-five percent (75t) reimbursement. Maximum
tuition reimbursement per semester is two hundred
dollars ($200.00). NOTE: Summer session shall be
counted as separate "semester" for purposes of this
provision.
(D)
Employees shall be limited, for purposes of tuition
reimbursement, to a _ximum of two (2) collegiate
level courses of not more than a total number of
units equivalent to six (6) "semester" units per
semester. One (1) "quarter" unit shall equal two-
thirds (2/3) of one (1) "semester" unit.
Section 4. Procedures
(A) An employee who desires to seek tuition
reimbursement under the provisions of this Article
must complete, in triplicate, an Educational
Reimbursement Form, and submit it to his or her
immediate supervisor for advance approval.
(8) The immediate supervisor will recommend approval or
disapproval and forward the Educational
Reimbursement Form to the Executive Director,
Development Department, or the Agency
Administrator, as appropriate, for final action.
(C) One copy will be returned to the employee, a copy
will be retained by the Executive Director,
Development Department or the Agency AdministratClr,
as appropriate, and the triplicate will be returned
to the immediate supervisor. It is necessary that
the applicant accomplish the procedures so far
described in order to ascertain the eligibility of
the intended course of instruction for
reimbursement under the provisions of this Article
prior to the inception of the course.
(D) The employee will submit his or her copy of the
approved application to the Executive Director,
Development Department or the Agency Administrator,
as appropriate, for reimbursement within three (3)
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months after completion of the course and final
grade bas been received. The employee must include
official verification of bis or ber final grade
with appropriate receipts for tuition and textbook
costs. These will be returned to the employee upon
request. Applications not submitted to. the
Executive Director, Development Department or the
Agency Administrator, as appropriate, within three
(3) montbs following completion of the course
become void.
(E) upon receipt of the application and required
documentation, the Executive Director, Development
Department or the Agency Administrator, as
appropriate, will determine wbether the completed
course of instruction is compatible with the
provisions of Section 2 and 3 of this Article. If
found to be compatible, the Executive Director,
Development Department or tbe Agency Administrator,
as appropriate, will compute the amount of
'. reimbursement, authenticate the application, and
forward it with authorization to reimburse the
employee the approved amount.
4.15
Public balov.es' Re~ir.1Ilent Svst8m:
The Agency will pay all of the employee'S standard PERS
contribution to the State Retirement system credited to
the employee's personal account as a fringe benefit.
4.16
Overaaes and Sho~aaes:
The Agency agrees that General Unit members assigned to
receive and/or disburse funds for the Agency sball not be
held liable for shortages, except in the case of fraud,
embezzlement or any other illegal act. All overages
shall be the property of the Agency. This section does
not relieve the General Unit member from being
accountable for errors for purposes of performance
evaluations and disciplinary actions.
ARTICLE V
GRIEVANCE PROCEDURE
5.1 A "grievance" is an allegation by a grievant that he has
been adversely affected by a violation,
misinterpretation, or misapplication of the provisions of
these Policies or of the law, ordinances, resolutions or
regulations affecting wages, bours or other conditions of
employment. A "grievance" shall not be applicable to
disciplinary actions implemented by an immediate
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supervisor with respect to a General Unit member.
Actions to challenqe or chanqe the qeneral policies of
the Aqency as .et forth in the rule. and regulations of
admini.trative requlation. and procedure. mu.t be
undertaken und.r .eparat. leqal proce..... Other matters
for which a specific method of r.view i. provided by law
or by the admini.trative requlations and procedures of
the Aqency are not within the .cope of this proc.dure.
A "qrievant" may be any employ.e or qroup of employees
exceptinq manaq.ment/confidential, mid-
manaqement/.upervisory, or contract employees.
Representatives: The General Unit member, manaqement, or
Aqency may be represented durinq any step of the
procedure by any per.on de.iqnated by such party to act
on'his behalf.
Days: Reference to days reqardinq time periods in this
procedure shall mean work days. A work day is defined as
all weekdays not desiqnated as holidays as defined in
Article IV, Section 4.11.
Time Limitation and Waiver: A qrievance shall not be
valid unless it is submitted to the Aqency'. desiqnee on
the prescribed form (see Appendix "C") settinq forth the
facts and the specific provisions of the Policies
alleqedly violated and the particular relief souqht
within ten (10) days after the date of the event qivinq
rise to the qrievance occurred. Failure to file any
qrievance within such period shall be deemed a waiver
thereof. Failure to appeal a qrievance from one level to
another within the time periods hereafter provided shall
also constitute a waiver of the qrievance.
Failure by the Aqency's representative to issue a
decision within the time periods provided herein shall
constitute a denial of the qrievance and the qrievant may
appeal to the next level. The Aqency's representative,
prior to issuinq a decision in step 2 or Step 3 shall
meet with the qrievant and his representative, if any.
5.6 STEP 1: Informal Conference: Prior to filinq a qrievance,
the General Unit member, with or without his
representative, must discuss the qrievance with his
immediate supervisor in an effort to adjust the alleqed
qrievance informally.
5.2
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5.3
5.4
5.5
5.7 STEP 2: If the qrievance is not resolved throuqh the
informal conference with the immediate supervisor, the
General Unit member may file a qrievance with his
immediate supervisor within the time prescribed in
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paragraph 5.5. The division head shall give his written
decision to the grievant within ten (10) days after
receipt of the grievance.
STEP 3: If the grievance is not resolved in Step 2, the
grievant shall have ten (10) days after receipt of the
STEP 2 decision to file a written appeal to the Executive
Director, Development Department. The Executive Director,
Development Department, shall give his written decision
to the grievant within fifteen (15) days after receipt of
the appeal.
STEP 4A: Mediation: After a decision is issued at Step
3 and prior to appeal to Step 4B, the parties may jointly
agree to submit the dispute to the Agency Administrator
for .ediation. If the dispute is not resolved in
mediation, the grievant shall have ten (10) days after
the meeting date with the mediator to appeal to Step 4B.
STEP 4B: In the event the grievance is not resolved at
Step 3 or .ediation, the grievant shall have ten (10)
days after receipt of Step 3 decision or ten (10) days
after the last day of .ediation, whichever is applicable,
to file a written appeal with the Commission. The
Commission shall give the grievant written notice of the
date and ti.e of the hearing which shall be conducted
within forty-five (45) days after such notice is given.
Hearing Procedure: The hearing shall be conducted before
the Commission. Both parties may call witnesses, cross
examine witnesses, and introduce exhibit. into evidence.
The Commission shall determine matters of procedure and
rule on questions of evidence. The grievant may, if he
chooses, be represented by counselor other person of his
choosing.
5.11 Final Decision: Within twenty (20) days after the
hearing, the commission shall give its written decision
to the grievant, which decision shall be final and
binding. .
5.8
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5.9
5.10
ARTICLE VI
REDUCTION IN FORCE
6.1 The Agency may layoff a General Unit .ember because of
shortage of work, lack of funds, change in emphasis,
material change in duties or organization, or for other
valid reasons. The Agency will advise all General Unit
members of the Agency of any reduction in force.
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ARTICLE VII
DISCRIMINATION
There shall be no diacrillination on the part of the
Agency because of the race, creed, color, .ex, age,
national origin or political or religious belief, or
physical handicap of any employee.
This Article .hall not be subject to the grievance
procedure, unless the alleged act of discrimination is
without remedy under Federal, State or local law.
Whenever the masculine form of the word is used in these
policies it also includes the feminine gender unless the
context clearly indicates a contrary intent.
ARTICLE VIII
SAVINGS CLAUSE
Should any provision of these POlicies, or any
application thereof, be unlawful by virtue of any
Federal, State or local laws and regulations, or by court
decision, such provision 8hall be effective and
implemented only to the extent permitted by such law,
regulation or court decision. But in all other respects,
the provisions of these Policies shall continue in full
force and effect for the term thereof.
APPROVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY
THIS DAY OF , 1991.
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PERSONNEL POUClES AND PROCEDURES
FOR
THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY MID-MANAGERS
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0 section EAsm
ARTICLE I
1.1 Recognition 1
ARTICLE II
2.1 Manaqement Riqhts 1
2.2 Exercise of Manaqement Riqhts 2
ARTICLE III
3.1 Salary Schedule 3
3.2 overtille Compensation 3
3.3 " Holiday Rate of Pay 3
3.4 Shift Differential 4
3.5" Education Incentive Pay 4
ARTICLE IV
4.1 Reqular Duty Hours 5
4.2 Assiqnment of Overtime 5
4.3 Call-Back Status 5
0 ARTICLE V
5.1 Group Inaurance Plans 5
5.2 Life Insurance 6
5.3 Health Coveraqe - Retirement 6
5.4 Personal Safety Items 6
5.5 Income Protection Plan 7
5.6 Mileaqe Allowance 7
5.7 Education TUition Assistance 7
ARTICLE VI
6.1 Administrative Leave 10
6.2 Sick Leave 10
6.3 Disability Leave 12
6.4 Personal Leave 13
6.5 Jury Duty 13
6.6 Other Leave of Absence 14
ARTICLE VII
7.1 Holidays 15
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0 ARTICLE VIII
8.1 Vacation Schedule - starting 16
8.2 Vacation Schedule - Five Years 16
8.3 Vacation Schedule - Tan Years 16
8.4 Vacation Schedule - Fifteen Years 16
8.5 Vacation Schedule - Twenty Years 17
8.6 Vacation Accrual and Use - Seniority 17
8.7 Vacation - Buy Back One Week 17
8.8 Vacation - Termination, Payment 17
8.9 Vacation - credits 17
8.10 Vacation - Increments 18
ARTICLE IX
9.1 Grievance Procedure - Definition 18
9.2 -Grievant- - Who Qualifies 18
9.3 Representatives 18
9.4 Days 18
9.5" Ti.e Limitation and Waiver 18
9.6 STEP 1 19
9.7 STEP 2 19
9.8 STEP 3 19
9.9 STEP 4A 19
STEP 48 19
9.10 Hearing Procedure 19
0 9.11 Final Decision 20
ARTICLE X
10.1 Reduction in Force 20
ARTICLE XI
11.1 Discrimination 20
11.2 Not Subject to Grievance Procedure 20
11.3 Masculine - Feminine Gender Form 20
ARTICLE XII
12.1 Savings Clause 20
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PERSONNEL POLICIES AND PROCEDURES
FOR
THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY MID-MANAGERS
These Personnel Policies and Procedures (hereinafter "POlicies")
have been approved by the Community Development Commission of the
city of San Bernardino (the "Commission") for the mid-management
employees of the Economic Developllent Agency (the "Agency"). These
Policies ahall be effective upon approval by the Commission and
shall remain in effect year-by-year until modified, amended or
terminated by the Commission.
1.1
ARTICLE I
RECOGNITION
The Agency recognizes Mid-Managers positions as being
those in the positions designated on Appendix "A"
attached hereto, and i1'\ such new supervisory positions as
may be designated by the Agency. These Policies relate
to the Agency administrative personnel and the
Development Department of the Agency.
ARTICLE II
MANAGEMENT RIGHTS
2.1 It is understood and agreed that the Agency retains all
of the powers and authority as set forth in Article 4.0
of the Statement of Policy as follows:
In order to ensure that the Agency is able to efficiently
carry out its functions and responsibilities as imposed
by law, the Agency has the exclusive right to manage and
direct the performance of Agency services and the work
force performing such services; therefore, the following
matters shall be within the exclusive discretion of the
Agency. These rights include, but are not limited to,
the exclusive right to:
(A) Determine the mission of each of its operations;
(B) Establish the merits, necessity or organization of
any service or activity provided by law;
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April 9, 1991
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(C) Direct the work of the Aqency employees;
(D) Set .tandard. of .ervice;
Determine the overall responsibilitie. of employees
as.iqned to carry out the various operations of the
Aqency;
Take disciplinary action;
Take all necessary action to carry out the
functions of the Aq8Dcy in emerqency situations;
Determine the methods, .eans, and personnel by
which operations are to be conducted;
(I) Determine the budqet and orqanization of the
Aqency;
(E)
(F)
(G)
(H)
(J) Layoff employees because of lack of work or for
other leqitimate reasons, as authorized under Civil
Service Chapter 5, Rule No. 511;
(K) Determine the content of job classifications;
(L) Expand or diminish services;
(M) Subcontract any work or operations;
(N) Determine the size and composition of the work
force and determine work assi9Dllents;
(0) Establish and
assi9Dllents;
chanqe
work
schedules
and
(P)
Establish the days and hours when employees shall
work;
(Q)
Establish reasonable work and safety rules and
requlations in order to maintain efficiency and
economy desirable in the performance of Aqency
services;
To hire, promote, demote, transfer, terminate and
classify employees within the Aqency.
The exercise of the foreqoinq powers, riqhts, authority,
duties, responsibilities by the Aqency, the adoption of
policies, rules, requlations and practices in furtherance
therefor, and the use of jud9llent and discretion in
connection therewith, shall be limited only by the
specific and express terms of these POlicies, and then
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only to the extent such specific and express terms are in
conformance with law.
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ARTICLE III
SALARl:ES
3.1 Salarv Schedule: The salary schedule applicable to Mid-
Manaqers is as provided in Appendix "B".
All Mid-Manaqers startinq in a new classification within
this schedule shall be placed on a six-month probationary
period.
Salary advancements within the salary schedule shall be
based upon satisfactory work performance evaluations and
positive rec~endations for advanc_ent submitted by the
Mid-Manaqer's supervisor. A Mid-Manaqer shall be
eliqible for a salary increase based upon the successful
completion of the six-month probationary period. This
date shall be established as the Mid-Manaqer' s
"Anniversary Date". Subsequent evaluations shall be made
no less frequently than once a year and shall be
conducted within thirty (30) days prior to the Mid-
Manaqer's "Anniversary Date' or the date specified by the
supervisor for a special reevaluation. In the event the
Mid-Manaqer receives a satisfactory evaluation, and is
qranted a merit increase, the said increase shall be
effective no later than on the employee's "Anniversary
Date".
3.2
OVer~i.8 Comnensa~ion:
(A) A Hid-Manaqer who works lIore than forty (40) hours
in anyone work week will be paid in accordance
with the Fair Labor Standards Act. The first forty
(40) hours of work will be paid at the straiqht
time hourly rate irrespective of hours worked in
anyone day.
(B) Reqardless of whether the employee is on an excused
time off or time off with pay status, hours not
worked shall not count toward the forty (40) hours
in anyone work week. Hours not worked include
sick leave, leave of absence and Employee
Association activities.
3.3 Holidav Rate of Pav: Any Mid-Manaqer required to work on
a holiday as part of the Hid-Manaqer's reqular assiqned
work period shall receive payment for the holiday at his
reqular hourly rate of pay, plus payment at his reqular
hourly rate of pay for all or any portion of the holiday
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actually worked. At the Mid-Manager's option, the Mid-
Manager aay elect to receive payaent at his regular
hourly rate of pay for all or any portion of the holiday
actually worked and aust schedule, within_the next pay
period, a day off at his regular hourly rate of pay.
This schedule aust ..et with the approval of the Mid-
Manager's supervisor.
Shift Differential: Mid-Managers who are required to
work awing or graveyard sbifts will be paid a sbift
differential at the following rates:
SWing Sbift
Graveyard Shift
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$0.50 per bour
$0.60 per hour
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These rates will be paid in addition to regular hourly
rates, provided that a Mid-Manager is physically at work
during the entire shift.
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3.5 Educa~iDn rncen~ive:
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(A) Any Mid-Manager who can d_onstrate successful
completion of the education program for the
classification of that Mid-Manager sball be
entitled to a five percent (n) incentive pay. The
completion of education and certification
requir_ents sball be approved by the Mid-Manager' s
division head and the Executive Director,
Development Departaent, or the Agency
Administrator, as appropriate. The date the
completion of requir_ents is approved sball be the
effective date of the incentive increase. The
incentive pay shall be liaited to 5t of the Mid-
Manager's salary at the date of completion of
initial requir_ents or renewal requirements and
sball be fixed until the Mid-Manager ceases to be
eligible.
(8) The period of payment of the 5t education incentive
pay shall be for three (3) years from the date the
Mid-Manager begins to receive pay.
(e) In order for a Mid-Manager to continue to receive
the educational incentive pay beyond three (3)
years, the individual Mid-Manager sball obtain six
(6) additional semester units of job-related
college course work as provided for in subpart (A)
of this section. Tbe Mid-Manager shall not begin
the additional course work any sooner than eigbteen
(18) months prior to the terJllination of the
education incentive pay currently being received.
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ARTICLE IV
HOURS
4.1 Realllar Dutv Hours: The regular work week for full-time
Mid-Managers shall be eight (8) hours per day and forty
(40) hours per week.
4.2 Assianment of OVertime: The Agency reserves the right to
assign duty hours beyond the regular work week according
to operational needs. The selection of Mid-Managers to
perforJI overtime duties shall be aade by the Agency.
4.3 Call-Back status: When a Mid-Manager is required to
physically respond to a call, he will be compensated at
his regular hourly rate comlencing frOll the time that the
call was received and ending at the time of return to his
place of residence, but in no instance shall receive less
than one hour for that call.
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ARTICLE V
BENEFrTS
5.1 Graun Inaurance Plana:
(A) The Agency shall aaintain a program of medical
health, dental, vision, life and accidental death
and dismemberment in force for the benefit of all
fUll-time, peraanent _ployees. The Agency will
continue to provide a choice by the _ployee of a
prepaid health care medical plan (HMO) or an
indemnity-type group health plan. To impl_ent
this, the Agency/City bas approved participation in
the medical health insurance benefit plan of the
Public Employees' Retirement Syst_ ("PERS")
provided pursuant to the state Employees' Medical
and Hospital Care Act, effective August 1, 1989.
Mid-Managers will have available to th_ a,mounts as
are available to other Mid-Managers _ployed by 'the
City to utilize for Agency/City approved benefit
plans. Purchase of health insurance for
dependent(s) is required in order to have access to
the Agency's contribution for dependent(s). Agency
contributions not utilized on these plans are not
usable in any other way and revert to the Agency if
not utilized.
If the average of the health insurance pr_ium
rates for coverage effective August 1, 1991
increases by 18' over rates for Kaiser-South Plan
coverage effective August 1, 1990, this section may
be modified by the Agency.
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AprilS. 1991
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(B) Caf.t.ria mon.y. aay be red..ignat.d or a change of
plan. aay be _d. annually during the op.n
.nroll.ent period only. Plan additions and drops
ar. permitt.d during open enrollment_only, except
for new dependent. or the 10.. of one through
divorce, death or maximum age of child.
(C) It is incumbent upon. the Mid-Manager to complete
the cafeteria plan form, available from the Ag.ncy,
in order to r.c.iv. ben.fit.. Cafeteria forms
compl.ted will be proc....d with the payroll for
full-month implem.ntation only. Mid-Managers not
.igning up for the cafeteria plan will not receive
the benefit of .ame.
5.2 Lit!e Insurance: '!'he Agency shall aaintain in full force
and eff.ct t.rm lif. insurance coverage on full-time Mid-
Manager. in the amount of $50,000.00 which amount may be
increased by appropriate employee contributions.
5.3 Health Coveraa. - Retirement:
COVERAGE
Ages 55-65
Over 65
5.4
1BEDIOOOI\D0C\413
(A) The Agency agrees to pay to PERS the .um of $16.00
per month toward the monthly premium for medical
h.alth cov.rage only as outlin.d in Article 5.1(1.)
for each r.tiree that meets PERS eligibility
criteria for coverage under their medical-health
plan.
(B) Aft.r a full-time Mid-Manager retir.s with a
minimum of fift.en (15) year. of .ervice, and has
attained the aqe of fifty-five (55), the Aq.ncy
agrees to pay a monthly contribution as ..t forth
herein for medical coverage only for an eligible
Mid-Manaqer's premium for a group health insurance
plan as outlined in Articl. 5.1(1.).
MAXIMUM
AGENCY CONTRIBUTION
EFFECTIVE 7-1-91
$132.41
62.10
Personal Safety Items:
PrescriDtion Saf.tv Glasses: The Agency agrees to
purchase pr.scription safety gla.ses for those Mid-
Managers working in Classifications/work assignments
desiqnated by the Agency's Safety CODllllittee. The
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employ.e .hall be requir.d to .ubmit their pr..cription
to the Agency. Th. purcha.. of .af.ty gla.... .hall be
limit.d to on. (1) pair .v.ry two (2) fi.cal y.ar..
rncom. prot.ction Plan: A fully paid incoae prot.ction
plan for ext.nded illn... or di.a1:lility i. provid.d. The
plan i. 66-2/3' of .alary; benefit until ag. 65; gO-day
waiting period prior to .tart of paym.nt..
Mil.aa. Allowanc.: Mid-Manager. who are r.quir.d to
drive th.ir per.onal vehicle in the performance of work
duties will r.ceive a ail.age allowance of $.255 per mile
for authorized Agency travel.
Education Tuition Assi.tanc.:
s.ction 1.
Puma..
(A) To encourage the employee. of the Agency to take
coll8CjJe cour... and .pecial training cour.e. which
will better enable them to perform th.ir pr..ent
duties and prepare them for incr.a.ed
responsibiliti...
(B) To provide financial a..istance to eligible Mid-
Manager. for education and training.
(C) To establi.h eligibility requirements, conditions
and procedures whereby .uch as.i.tance may be
provided.
Section 2.
Eliaibilitv
(A) APplication. for tuition reiabur.ement will be
con.idered only from full-tiae, permanent Agency
employees who have completed probation.
(B) Reimbur.ement is not authorized for cour.es for
which the employee is receiving financial
assistance from other .ources .uch as the GI Bi~l,
scholarships, etc.
(C) Applications will be approved only for courses
directly related to the employee'. job or directly
related to a promotional po.ition in the employee's
occupational .pecialty.
Courses not ostensibly related to the employee' &
job, but which are r.quir.d to qualify for a degree
that i. directly related to his job may be
reimbursable only aft.r all required
occupationally-related course. have been complet.d.
(D)
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Prior to receiving tuition reimbursement, employees
IlUst submit docuaentary proof of baving received a
grade of not less than .C. for the course. If
objective ratings are not rendered for a specific
course, then a certificate of successful completion
IlUst be sublli tted.
(F) Approval will be limited to courses given by
accredited colleges and universities, city colleges
or adult education courses under the sponsorship.of
the Board of Education. Workshops, seminars,
conferences and si.ilar activities not identifiable
as a formal course of instruction within the
curriculum of a recognized educational institution
do not fall within the purview of the program, but
may be authorized and funded by the Agency upon
approval of the Executive Director, Development
Department, or the Agency Administrator, as
appropriate.
(E)
(G) When an employee is required by his or her
department head to attend a partiCUlar course or
seminar, the expense shall be borne entirely by the
Agency.
Section 3.
Rei:mbur8e:ment
(A) Reimbursement will be for the cost of tuition or
registration fees and the required texts and
related material for each course. Additional
expenses such as meals and parking fees are not
reimbursable.
(B) Costs for required texts are eligible for one
hundred percent (1oot) reimburs-.nt subject to the
following conditions:
(1) That a duplicate of the required text(s) was
unavailable for loan fro. the Agency's library
prior to the commencement of course work;
(2) That any textbook(s) purchased by the Agency
shall be turned in for placement in the
library maintained by the Aqency in order that
such text(s) may be made available to all
employees.
(C) Tuition or registration costs of fifty dollars
($50.00) or less are eliqible for one hundred
percent (lOOt) reimbursement. Tuition costs in
excess of fifty dollars ($50.00) are eliqible for
seventy-five percent (75t) reimbursement. Maximum
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(D)
tuition r.imbur.ement per .....t.r i. two hundr.d
dollar. ($200.00). NOTE: Su.aer ....ion .hall be
counted a. a ..parat. -.em..t.r. for purpo.e. of
this provi.ion.
Employ... .hall be limited, for purpo... of tuition
rebabur....nt, to a aaximum of two (2) collegiate
l.vel cour... of not more than a total number of
unit. equival.nt to .ix (5) ......ter. unit. per
.....t.r. On. (1) .quarter. unit .hall .qual two-
third. (2/3) of one (1) ..eme.t.r. unit.
Saction 4.
Procaduras
(A) An ..ployee who d..ir.. to ..ek tuition
r.illbur...ent under the provi.ion. of this Article
mu.t compl.te, in triplicat., an Educational
R.imbur....nt Form, and .ubait it to hi. or her
divi.ion head for advance approval.
(8)
The division
disapproval
R.imbur....nt
Dev.lopm.nt
Admini.trator,
head will r.commend approval or
and forward the Educational
Form to the Ex.cutive Director,
D.partm.nt, or the Agency
a. appropriate, for final action.
(C) on. copy will be r.turn.d to the ..ploy.e, a copy
will be r.tained by the Ex.cutiv. Dir.ctor,
D.v.lopment D.partment, or the Agency
Admini.trator, as appropriat., and the triplicate
will be r.turn.d to the division h.ad. It is
n.ce..ary that the applicant accompli.h the
procedur.. .0 far de.cribed in order to ascertain
the .ligibility of the int.nded cour.e of
in.truction for r.imbur.ement under the provi.ions
of this Article prior to the inception of the
cour.e.
(D) The ..ploy.e will .ubmit hi. or her copy of the
approv.d application to the Executiv. Dir.ctor,
Development Department, or the Agency
Admini.trator, a. appropriate, for reimbur.ement
within three (3) months after completion of the
course and final grade has been received. The
employe. must include official verification of his
or her final grade with appropriate rec.ipt. for
tuition and t.xtbook cost.. The.. will be returned
to the employee upon request. Applications not
.ubmitted to the Executive Dir.ctor, Dev.lopment
D.partment or the Ag.ncy Admini.trator, as
appropriate, within three (3) months following
compl.tion of the course become void.
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(E)
ijpon r.ceipt of the application and r.quir.d
documentation, the Ex.cutiv. Dir.ctor, Developm.nt
Departaent or the Agency Admini.trator, as
appropriat., will d.terain. whether the compl.ted
cour.. of inatruction i. compatible with the
proviaion. of Section 2 and 3 of thia Article. If
found to be compatible, the Ex.cutiv. Dir.ctor,
Development D.partaent or the Ag.ncy Adminiatrator,
a. appropriate, will compute the amount of
r.illlbur....nt, auth.nticate the application, and
forward it with authorization to r.iJDbur.. the
employee the approved Dount.
ARTI:CLE VI
r.1I!llVES
6.1 Administrative ~ave: After completion of one (1) year
of continuous eIIploYJIent a. a Kid-Manager, five (5) days
admini.trativ. leave per fi.cal year ..y be taken upon
prior approval of the Executive Dir.ctor, Dev.lopment
Department, or the Agency Admini.trator, as appropriate
(not transferable frOll one year to another).
6.2 sick Laave:
SBIlO\OOOI1DOC\413
(A) ijpon completion of .ix (6) months of continuous
full time ..ployment, a Kid-Kanager will be
credited with .ix (6) days, forty-eight (48) hours
of sick leave. Thereafter, .ick leave will accrue
at the rate of 3.7 hour. per pay period, or eight
(8) hours per month. If a Kid-Manager remains in a
non-pay .tatus for fifty percent (Sot) or more of
the total normal work hour. in the pay period, .ick
leave credit will not be earned for the entire pay
period.
Authorized vacation, .ick l.ave, holidays or other
compensated time off .hall be considered as time
worked for the purpose of computing accrued sick
leave. Kid-Managers shall not accrue sick leave
during the period of an authorized leave of absence
without pay, or the duration of compensated
disability leave resulting from a work-related
injury. The accrual of .ick leave will be
unlimited with no ..ximUII allowance.
(B) Sick leave means the absence from duty of a Kid-
Manager because of illness or injury, exposure to
contagious disease, attendance upon a member of his
immediate family who is seriously ill, or death in
the Kid-Manager's immediately family. Kembers of
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(C)
an iIIIIIecUate faai1y are conaidered to be a Mid-
Manager's spouse, grandmother, grandfather,
grandchildren, aother, father, sister, brother,
son, daughtar, mother-in-law, father-in-law,
sister-in-law, brother-in-law, son-in-law and
daughter-in-law.
Sick leave ahall not be considered as a
d18cretionary Mid-Manager's right, and will be
allowed only in case of actual necessity resulting
from personal sickness, disability, attendance to
an iIIIIIediate faaily member, or as otherwise
provided in this Article.
All eligible Mid-Managers who are compelled to be
absent from work due to illness or injury, other
than that cauaed by or resulting from their own
moral turpitude or unjudicious actions, or that
which 18 compenaable under Article 6.3 of this
Section, shall be entitled to receive full
compensation for each day of accrued sick leave
used. A day, as referred to herein, shall mean a
normal eight (8) hour work period.
In order to receive sick leave compensation, the
Mid-Managar aust notify h18 iIIIIIediate supervisor
prior to or within thirty (30) minutes after the
time set for beginning of a work day. In case of
an accident or emergency, the Mid-Manager or his
representative should contact the immediate
supervisor at the earliest possible time and
explain the circwutances necessitating the Mid-
Manager's absence.
The sick leave request fora shall be completed and
submitted by the Mid-Manager immediately upon
returning to work.
(D) Where there is r_son to believe that a Mid-Manager
has abused any paid leave, the Agency may requ.ire
that Mid-Manager submit a doctor's certificate
affidavit, or other documentation, on forms
prescribed by the Agency, as verification and
substantiation of the absence. A failure to
provide the required documentation will result in
the deduction of salary for the days of absence and
may result in disciplinary action.
(E) During any calendar year, not lIore than five (5)
days of leave may be granted for each absence due
to the death of a member of the Mid-Manager' s
immediate family.
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At such ti.. a Kid-Manager COIIpletes hia first year
of regular _ployaent, h. ..y exercise one of the
following options:
(1) At the end of any fiscal year, Ii Kid-Manaqer
who has not used more than three (3) days of
sick leave (either sick or personal charged
against his sick leave), ..y request that one
(1) day of credit be applied to his vacation.
The eight (8) hours of credit will not be
subtracted from the Kid-Manager's sick leave
accrual.
(2) A Kid-Manaqer ..y elect to have the eiqht (8 )
bonus hours added to their sick leave earned
during the fiscal year. Once an option is
selected, it cannot be chanqed at a later time
during the fiscal year.
(1) The Agency agre.s that upon termination of a
Kid-Manaqer, with five (5) years of service in
the mid-manaq_ent unit and a minimum of 480
hours of accrued sick leave, twenty-five
percent (25t) of accrued sick leave will be
paid to the Kid-Manager.
(2) The Aqency agrees that upon retir_ent or
death, fifty percent (50t) of accrued sick
leave will be paid to the Kid-Manager or the
Kid-Kanaqer's beneficiary. Payment for unused
sick leave shall be ..de provided that in no
event shall such compensation exceed one
hundred and forty-four (144) working days of
such leave. A Kid-Manager who has more than
thirty (30) years of service as of April 1,
1984, shall not have any compensation limit on
such leave.
6.3 Disabilitv Leave:
(A) If a Kid-Manaqer sustains an injury durinq the
course of his work performance which results in
that Kid-Kanaqer beinq absent from work,
compensation shall be provided in accordance with
the Workers' Compensation Insurance and Safety Act
of California.
(B) Durinq the first thirty (30) days of the Kid-
Manaqers's diSability or injury, he shall receive
one hundred percent (loot) of his regular
compensation. If the Kid-Kanaqer has not returned
to work by the thirty first (31st) day followinq
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the dat.of injury, dt-ability compen.ation will be
!aplement.d. upon the Kid-Man.g.r's requ.st,
.ccrued sick l..v. credits ..y be utilized to
supplem.nt the t_por.ry dt-ability coapens.tion to
the extent th.t total compens.tion r.ceived will
equ.l the aJDount of the Kid-Manager's r.gular
compens.tion. Utiliz.tion of .ccrued sick l..ve
for suppl_.nt.l payment shall c.... with the
t.rmination of t8lllpOrary dt-.bility, or .t such
time the Kid-Manag.r's .ccumulat.d sick leave
credits .r. exhausted.
Personal Leave: A Kid-Man.qer may request . leave
charqeabl. .gainst sick le.v., not to .xceed thr.e (3)
d.ys per ye.r, for the purpose of .ttending to important
personal busin.ss which cannot be trans.cted during non-
duty hours so long as such Kid-Manager h.s suffici.nt
sick l..v. .v.il.ble. Such l.av. mu.t be .pproved in
.dvance by the Ex.cutive Director, Developm.nt
Department, or the Agency Administr.tor, .. .ppropri.te,
and sh.ll not .ccumul.t. from ye.r to ye.r.
Jurv Dut.v: Every Kid-Manager of the Agency who i.
officially c.ll.d to serv. .. . court tri.l juror shall
be .ntitled to be absent from their duties during the
period of such jury duty.
If . Kid-Manager who is assigned to a regular daytime
work period is called to s.rve jury duty that day, and
.uch jury duty does not exceed four (4) hours duration,
it shall be the r.sponsibilit.y of the Kid-Manager to
report to work within a r.asonable time after beinq
released from jury duty on that day. Should jury duty
exceed four (4) hours duration on any r.gularly scheduled
work day, the Kid-Kanager shall not be required to report
for work on that same day following his r.lease from such
duty.
If a Mid-Manager's work period is other than a reqular
daytime period and that. Mid-Manaqer has served in excess
of four (4) hours jury duty during the day prior to the
commencement of the work period, that. Mid-Manager shall
not be required to report for work at the cOlDlenc_ent of
his regularly scheduled work period. If the Kid-Manaqer
has served less than four (4) hours jury duty, he shall
report for work at the scheduled time.
When called for jury duty, the Mid-Manager .hall promptly
notify hi. iIDIediate supervi.or of any intended ab.ence
from work resultinq from .uch duty. If a Kid-Kanaqer
fails to promptly report notification of jury duty, or is
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absent without proper notification, the Mid-Manager shall
be considered absent without leave in a non-pay status.
While serving on official jury duty, a Mid-llanager shall
be compensated at his regular rate of pay, provided that
all fees paid to the Mid-Manager for jury duty are
surrendered to the Agency. Automobile expenses related
to jury duty are exempt from this requirement.
other Leave of Absence:
(A) Under certain conditions, a Mid-Manager may be
granted leave of absence without pay. In order to
receive consideration, a written request, stating
the specific reasons for the leave of absence and
proposed duration thereof, aust be submitted to the
Commission. If the Commission dete11lines that the
leave of absence is justified, the employee may
remain absent from work in a non-pay status for an
approved period of time. The Mid-Manager may have
the option of using his accumulated sick leave and
vacation leave in its entirety prior to a leave of
absence without pay. A request for an extension of
leave of absence should be submitted no later than
two (2) weeks prior to the expiration of the
current leave of absence. During an authorized
leave of absence, vacation, sick leave and
retirement credits shall not accrue. Upon the Mid-
Manager's return to service, the accrual of
vacation, sick leave end retirement credits shall
resume. It will be the Mid-Manager' s
responsibility to assUlle payment of the premiums
for all applicable health, .edical and life
insurance policies during the period of the leave
of absence.
(D) Any Mid-Manager who enters the Al'JIed Forces of the
United states during war or national emergency, as
declared by the President or Congress of the United
states, shall be entitled to a leave of absence
without pay for the duration of such service and
for a period of ninety (90) days thereafter. Any
Mid-Manager returning to the Agency within the
specified time, and who has been honorably
discharged from the military service, shall be
reinstated to his former position without loss of
status or seniority, provided he is not physically
or mentally incapacitated from the performance of
military duties. Any person selected to fill a
position vacated by a Mid-Manager called to
military service will be considered a temporary
appointee only.
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(C) A Mid-Manager shall be entitled to military leave
in accordance with applicable law.
ARTICLE VII
HOLl:DAYS
7.1 The followin9 days are desi9Dated by the Agency as
official paid holidays:
Independence Day
Labor Day
July 4th
First Monday in September
November 11th
4th Thursday in November
Friday after Thank89ivin9
December 24th
Veteran's Day
Thanks9ivin9 Day
Day After Thanks9ivin9
Christmas Eve Day
Christmas Day
December 25th
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New Year's Eve Day
New Year's Day
December 31st
Martin Luther Kin9 Day
January 1st
Third Monday in January
Last Monday in May
Anytime between July 1
throu9h June 30
. Anytime between July 1 and June 30, the floatin9
holidays may be taken with the prior approval of the Mid-
Manager's i_diate supervisor after satisfactory
completion of the six-month (6) probationary period.
Memorial Day
Two Floatin9 Holidays.
If the Christmas and New Year's holidays occur on
Mondays, these holidays and holiday eves will be observed
on Mondays and Tuesdays.
The Agency reserves the ri9ht to assi9D work on any of
the holidays desi9Dated above, provided that any Mid-
Manager required to work on a holiday shall be paid in
accordance with Para~aph 3.3 of these Policies.
If a Mid-Manager's scheduled day off occurs on an
observed holiday, the Mid-Manager shall schedule, within
the next pay period, a day off at his re9Ular hourly rate
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of pay. This schedule aust aeet the approval of the Mid-
Manager's supervisor.
If a boliday occurs on sunday, it sball bit. obllerved on
the following Monday. Holidays occurring on Saturday
will be obllerved on the preceding Friday.
ARTICLE VIII
VACATIONS
Pull-ti_ Mid-Managers sball accumulate vacation leave in
accordance with the following schedule:
8.1 upon completion of one (1) year 01 continuous full-time
employment with the Agency, the Redevelopaent Agency of
the City of San Bernardino, the City of San Bernardino or
the COIlIIIunity Development COIlIIIisa1on of the City of San
Bernardino, and thereafter up to and including five (5)
years of continuous full-tille employment, each Mid-
Manager sball accrue ten (10) working days vacation with
pay per year. Vacation sball accrue at the rate of 0.833
working days per aonth, but shall not exceed ten (10)
working days in any year.
upon completion of five (5) years of continuous full-time
employment, and thereafter up to and including fifteen
(15) years of continuous full-tille employment, each Mid-
Manager shall accrue fifteen (15) working days vacation
with pay per year. Vacation will accrue at the rate of
1.25 working days per aonth, but sball not exceed fifteen
(15) working days in anyone year.
8.2
8.3 Notwithstanding' the provisions of Section 8.2 above, upon
the completion of the tenth (10th) year of continuous
full-time employment, the Mid-Manag'er sball be allowed
twenty (20) working' days vacation with pay. This twenty
(20) working' days vacation sball be at the completion of
the tenth (10th) year only and aust be taken prior to the
completion of the eleventh (11th) year. Thereafter,
tbroug'b and including the fifteenth year, vacations will
be calculated in accordance with the provisions of
Section 8.2.
8.4 Upon completion of fifteen (15) years of continuous full-
time employment, and thereafter up to and including'
twenty (20) years of continuous full-tille employment,
each Mid-Manag'er sball be allowed twenty (20) working'
days vacation witb pay per year. Vacation will accrue at
the rate of 1.667 working' days per aonth, but sball not
exceed twenty (20) working' days in anyone year.
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Upon completion of twenty (20) years of continuous full-
tille _ploYlllent and thereafter, each Mid-Manager shall be
allowed twenty-five (25) working days vacation with pay
per year. Vacation will accrue at the rate of 2.0833
working days per month, but shall not exceed twenty-five
(25) working days in anyone year.
8.6 Vacation credits aay not aCCWllulate beyond a aaximum of
two (2) years. Any vacation taken during anyone (1)
year may be the aaximum of two (2) years' accrual, and
may not be taken jointly with the vacation of the
preceding or subsequent years. A period of at least
three (3) months must elapse between the expiration of
the accrued combined vacations and any subsequent
vacation. The assignment and/or requests of vacation
periods will be subject to the approval of the Executive
Director, Development Departaent, or the Agency
Administrator, as appropriate, and based upon seniority.
8.5
8.7'
Mid-Managers shall have the option of receiving paYlllent
at their regular rate of pay for one (1) week, forty (40)
hours for their vacation ti.e once each fiscal year,
provided that they have accumulated a minimum of three
(3) weeks vacation credits. If an authorized holiday
occurs within a Mid-Manager's vacation period, that Mid-
Manager shall not be charged vacation time for that
holiday.
When a Mid-Manager leaves the service of the Agency, and
has not used earned vacation, paYlllent shall be aade to
the Mid-Manager for the earned portion of his vacation,
accrued to the date of termination. If a Mid-Manager
terminates prior to his next anniversary date, and has
received a vacation with pay, a deduction for the
unearned portion of vacation shall be made in the Mid-
Manager's final pay period. calculations of paYlllent for
earned vacation or deduction for unearned vacation upon
termination shall be in accordance with applicable salary
schedules.
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8.8
8.9 If a Mid-Manager r8ll&ins on a non-pay status for fifty
percent (50') or more of the total normal work hours in
the pay period, vacation credit will not be earned for
the entire pay period. Authorized vacation, sick leave,
holidays, or other compensated time off shall be
considered as time worked for the purpose of computing
accrued vacation. Mid-Managers shall not accrue vacation
leave during the period of an authorized leave of absence
without pay, or the duration of compensated disability
leave resulting from a work related injury.
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8.10
Vacation credit. aay be taken off in increment. of not
le.. than one-half (1/2) day. with prior Aqency approval,
except for per.onal l.ave charqed to vacation.
ARTICLE IX
GRIEVANCE PROCl!:DURl!:
9.1 A "qrievance" i. an alleqation by a qrievant that he has
been adver.ely affected by a violation,
.i.interpretation, or .i.application of the provision. of
the_ Policies or of the law., ordinance., re.olutions or
requlation. affectinq waqe., hour. or other condition. of
employment. A "qrievance" .hall not be applicable to
di.ciplinary action impleaented by an immediate
.uPerVisor with re.pect to a Mid-Jlanaqer for which other
remedi.. of law are available. Action. to challenqe or
chanq. the q.n.ral polici.. of the Aqency a. .et forth in
the rule. and requlation. or admini.trative requlations
: and procedure. au.t be undertaken under .eparate leqal
proc......
Other .atter. for which a .pecific aethod of r.vi.w is
provided by law or by the administrative requlation. and
procedure. of the Aqency are not within the .cope of this
procedure.
A "qrievant" aay be any Mid-Manaqer who files a qrievanc.
und.r this articl..
9.2
9 . 3 Renresentati ves : The Mid-Manaq.r, aanaq_ent, or Aq.ncy
aay be repr...nted durinq any .tep of the procedure by
any per.on desiqnated by .uch party to act on his behalf.
9.4 1ZIn: Ref.rence to days reqardinq time periods in this
procedure shall mean work days. A work day is defined as
all weekday. not desiqnated a. holidays by stat. Law
and/or Article VII, Section 7.1.
9.5 Time Limitation and Waiver: A qrievance shall not-be
valid unless it is submitted to the Mid-Manaqer's
immediate supervisor on the prescribed form, settinq
forth the facts and the .pecific provisions of the Policy
alleqedly violated and the particular relief .ouqht
within ten (10) day. after the date of the .vent qivinq
rise to the qrievanc. occurred. Failure to file any
qrievance within such period shall be de_ed a waiver
thereof. Failure to appeal a qrievance frOll one level to
another within the time periods hereafter provided shall
also constitute a waiver of the qrievanc..
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The Agency Administrator, prior to issuing a decision at
step 4B sball meet with the grievant and bis
representative, if any.
STEP 1: Informal Conference: Prior"t.o filing a
grievance, the Mid-Manager, with or without bis
representative, .ust discuss the grievance with bis
immediate supervisor in an effort to adjust the alleged
grievance informally.
STEP 2: If the grievance is not resolved througb the
informal conference with the immediate supervisor, the
Mid-Manager may file a grievance with bis division bead
within the time prescribed in paragrapb 9.5. Tbe
division bead sball give bis written decision to the
grievant within ten (10) days after receipt of the
grievance.
STEP 3: If the grievance is not resolved in step 2, the
grievant sball bave ten (10) days after receipt of the
decision referred to in step 2, to file a written appeal
to the Executive Director, Development Department. The
Executive Director, Development Department sball give bis
written decision to the grievant within fifteen (15) days
after receipt of the appeal.
STEP 4A: MEDIATION: After a decision is issued at
Step 3 and prior to appeal to Step 4B, the parties may
jointly agree to submit the dispute to tlle Agency
Administrator for mediation. If the dispute is not
resolved in mediation, the grievant sball bave ten (10)
days after the meeting date with the mediator to appeal
to Step 4B.
STEP 4B: In the event the grievance is not resolved at
Step 3 or .ediation, the grievant sball bave ten (10)
days after receipt of the decision referred to in Step 3
or ten (10) days after. the last day of mediation,
whichever is applicable, to file a written appeal with
the Commission. The Commission sball give the grievant
written notice of the date and time of the bearing which
sball be conducted within forty-five (45) days after such
notice is given.
9.10 Hearina Procedure: The bearing shall be conducted before
the Commission. Both parties may call witnesses, cross
examine witnesses, and introduce exhibits into evidence.
The Commission or its designee shall determine matters of
procedure and rule on questions of evidence. The
grievant may, if he chooses, be represented by counselor
other person of his choosing.
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9.11
Final Decision: Within twenty (20) days after the
hearing, the CO_ission shall give his written decision
to the qrievant, which decision shall be final and
binding.
ARTICLE X
RF.DUCTION IN FORCE
10.1 The Agency may layoff a Mid-Manager because of shortage
of work, lack of funds, change in emphasis, material
change in duties or organization, or for other valid
reasons. The Agency will advise the Mid-Management
employees of any reduction in force.
ARTICLE XI
DISCRIMINATION
..
11.1 There shall be no discrimination on the part of either
the Agency because of the race, creed, color, sex, age"
national origin or political or religious belief, or
physical handicap of any employee.
This Article shall not be subject to the qrievance
procedure unless the alleged act of discrimination is
without remedy under Federal, State or local law.
11.2
11.3 Whenever the masculine form of any word is used in these
policies, it also includes the feminine gender unless the
context clearly indicates a contrary intent.
ARTICLE XII
SAVINGS CLAUSE
12.1 Should any provision of these policies, or any
application thereof, be unlawful by virtue of any
Federal, State or local laws and requlations, or by court
decision, such provisions shall be effective - and
implemented only to the extent permitted by such law,
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regulation or court decision. But in all other respects,
the provisions of these Policies shall continue in full
force and effect for the term thereof.
....
APPROVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY
THIS DAY OF , 1991.
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APPENDIX "A"
ECONOMIC DEVELOPMENT AGENCY MID-MANAGEMENT
Senior Planner
Project Manager (4)
Graphics and Design Coordinator
Contracts Administrator
Senior Accountant
Housing Development Specialist (III) (2)
Rehabilitation Coordinator
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AprilS, 1991