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HomeMy WebLinkAboutR05-Redevelopment Agency c c o AGEQA ITEM INFORMATION SU,QARY GENERALINFORMAnON: SubJec\ ~~ W~AO~ ~/ )?t()nJ..l~ Author ()...~ Ex!. sDJI Ward {ltL Project Area 01.l Budget Authority ILl J A- I Committee CommissionlCouncil J' /3D(J-'f , , c; I :c (.fi1 I Filing Date. ~ /Js I ~q I I Meeting Oat. K I dY I ~ Funding Requirements ,.J i it , CLEARANCES: DepL By RDA Committee recommendation DepL By INFORMAnoNAL DATA FORWARDED TO CITY DEPARTMENTs/COUNCIL OFFICES: Senllo By Dale Mayor's 0IlIce Council Ward Council Ward Council Ward Council Ward Department Department COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and person. clearing thl summary, such .. controveralallssues, time constraints and funding complications. Indicate date. whln action must be Ilk"'. J5 RDA -174 REV. 6-29-89 c o 0 . Redevelopment Agency · City of San Bernardino 300 Nonh "D" S_t, Foartb F100r . San BenuD'cIiDo, Califcmia 92418 (714) 384-S081 FAX (714) 888-9413 ~~ Steve. H. Dukett Execulive DiIector AUGUST 29, 1989 PERSONNEL POLICIES AND PROCEDURES Synopsis of Previous Commission/Council/Committee Action: 12-07-81 CommIssion adopted Resolution 4274 approving the Official Personnel Manua 1 . Recommended Motion: c a) (COMMUNITY DEVELOPMENT COMMISSION) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 4274 RELATING TO THE ADOPTION OF A PERSONNEL MANUAL. b) Move to adopt the attached Personnel Policies and Procedures. Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: N/A Project: All Commission Notes: c 1832R Agenda of: September 6. 1989 Item No, ..:;; c c o o o Redevelopment Agency STAFF REPORT This Is to request that the Commission adopt rescinding the Official Personnel Manual and the Personnel Policies and Procedures. the attached Resolution approve the attached revision of BACKGROUND On December 7, 1981, the Commission adopted Resolution No, 4274 approving the Official Personnel Manual of the Community Development Commission of the City of San Bernardino. Since that date, the manual has not been formally revised to incorporate various changes In the law and other policies and procedures approved by the Commission. A full revision of the manual Incorporating these approved and other changes has been completed and Is now being recommended for approval. The key changes to the manual Include the following: a formal policy prohibiting harassment In the workplace. a formal policy requiring compliance with the Drug Free Workplace Act, a formal grievance procedure, authorization to pay two weeks severance pay In the event an employee Is subject to layoff without notice. authorization to appoint part-time or temporary employees In accordance with the approved budget, updated holiday schedule and benefit provisions as approved by the Commission. revisions to the overtime policy to comply with FLSA guidelines, and various language changes to simplify or clarify existing policies and procedures. The proposed revision of the Personnel Policies and Procedures has been reviewed and approved as to form and legal content by Agency Counsel. It Is, therefore, recommended that the Commission adopt the attached Resolution rescinding the Official Personnel Manual and approve the attached revision of the Personnel Policies and Procedures. o c c 25 26 27 28 o o 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 4274 RELATING TO 3 THE ADOPTION OF A PERSONNEL MANUAL 4 WHEREAS, The Community Development Commission of the City of San Bernardino did on December 7, 1981, adopt the Offical 5 Personnel Manual of the Commission, and 6 7 8 9 WHEREAS, It is necessary to make changes in and update said Personnel Manual, and WHEREAS, It is more appropriate to adopt such pOlicies and procedures in the future by motion of the Commission rather than by formal resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT 10 COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. The Official Personnel Manual of the 12 Community Development Commission of the City of San Bernardino 13 adopted December 7, 1981, as subsequently amended, is hereby 14 rescinded. 15 SECTION 2. Resolution No. 4274 and any amending 16 resolutions of the Offical Personnel Policy are hereby repealed. 17 I HEREBY CERTIFY that the foregoing resolution was 18 duly adopted by the Community Development Commission of the City 19 of San Bernardino at a meeting thereof, held on the 20 day of , 1989, by the fOllowing vote, to wit: 21 22 23 24 AYES: Commission Members NAYS: ABSENT: Secretary DAB/ses August 28, 1989 1 o c c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 4274 RELATING TO 2 THB ADOPTION OF A PERSONNEL MANUAL 3 4 The foregoing resolution is hereby approved this day 5 of , 1989. 6 7 W.R. HOlcomb,Chairman Community Development Commission 8 of the City of San Bernardino 9 Approved as to form and legal content: By: /}yJUM~~I2~ ~ ) ~~~;~ DAB/ses August 28, 1989 2 o o o COMMUNITY DEVELOPMENT COMMISSION PERSONNEL POLICIES AND PROCEDURES c c o o o COMMUNITY DEVELOPMENT COMMISSION PERSONNEL POLICIES AND PROCEDURES Table of Contents Introduction Page 1 Section 1 Appointments Page 1 Section 2 Nondiscrimination Page 2 Section 3 Probation Period Page 2 Section 4 Salary Advancement Page 2 Section 5 Promotions Page 3 Section 6 Working Hours Page 3 Section 7 Payday Page 3 Section 8 Employee Benefits Page 3 Section 9 Vacation Page 4 Section 10 SI ck Leave Page 5 C Section 11 Personal Leave Page 6 Section 12 Bereavement Leave Page 6 Section 13 Jury Duty Page 6 Section 14 Military Leave Page 7 Section 15 Leave of Absence Page 8 Section 16 Injury Leave (Workers' Compensation) Page 9 Section 17 Paid Holidays Page 9 Section 18 Overtime Pay and Compensatory Time Off Page 10 Section 19 Travel Compensation Page 11 Section 20 Conflict of Interest Page 11 Section 21 Policy on Harassment Page 12 Section 22 Compliance with Drug Free Workplace Act Page 12 Section 23 Grievance Procedure Page 12 Section 24 Layoffs and Reductions In Force Page 13 Section 25 Resignation Page 13 Section 26 Disciplinary Actions Page 13 c o c o o o COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO PERSONNEL POLICIES AND PROCEDURES INTRODUCTION This policy manual prescribes the general rules regarding the conditions of employment for employees of the Community Development Commission of the City of San Bernardino (hereinafter called "Commission"). The purpose of this policy manual Is to achieve maximum flexibility in the administration of the Commission's operations and to define employer and employee rights and responsibilities. SECTION 1. APPOINTMENTS A. The Executive Director shall be appointed by the Chairman with the approval of the Community Development Commission. All other employees shall be appointed by the Executive Director. B. All employees hired by the Commission shall be appointed in accordance with the job classifications as may be adopted by the Commission from time to time. C. All new employees shall be appointed at a salary set forth for the appropriate job classification in the salary schedule, as may be adopted by Commission resolution or as approved in connection with the budget adoption process. All salary increases shall be in accordance with said salary schedule. D. The Commission may hire employees on an hourly basis to perform temporary work or to perform ongoing assignments requiring less than forty hours per week. Hourly employees shall only be entitled to those benefits required by law or specifically designated in these poll cl es. E. The Commission may contract with qualified individuals to provide specific services on a temporary basis not to exceed the equivalent of six months of full-time employment. Contract employees shall be entitled only to those benefits and privileges specifically enumerated in their employment agreement. F, The Executive Director may appoint an employee to a vacant position at a higher level in an "acting" capacity contingent upon such employee's demonstration of specific skills or contingent upon an employee's completion of additional educational or training requirements within a specified period of time. Acting appointments shall not exceed six months. While In an acting capacity, employees may receive salary adjustments commensurate with the higher level position. o o c SECTION 2. NONDISCRIMINATION The Commission shall undertake nondiscriminatory measures to ensure that applicants for employment and employees are treated without regard to their race, creed, color, sex, national origin, religion, marital status, political affilIations, physical handicap or age. Such action shall include, but not be limited to, the following: recruitment and employment; upgrading; demotion or transfer; layoff or termination; rates of payor other forms of compensation. SECTION 3. PROBATION PERIOD c A. All new employees of the Commission shall be required to serve a six-month probation period. The probation period is part of the testing process designed to provide an adequate opportunity to observe the work performance and adjustment of new employees to their respective position. The Executive Director may terminate an employee during this probation period without advance notice and without cause. An employee who is discharged during the probation period shall not have the right to appeal this decision, B. A performance evaluation must be completed on each new employee by the end of the sixth month of the probation period. Based on this evaluation, the Executive Director will make a determination whether to continue or terminate the employee's employment. The Executive Director may extend the probation period past the six-month period if additional time is required to fully evaluate the employee provided that, in no case, shall the extension exceed a period of six months. SECTION 4. SALARY ADVANCEMENT o A. All employees of the Commission shall be compensated in accordance with the salary schedule. Said schedule may be revised from time to time by the Commission to assure that comparable and competitive salary levels are maintained within the labor market. B. The "A" step shall be the normal hIring range salary level. The Executive Director may apPOint a new employee at a higher salary step where unusual difficulty has been encountered in recruiting a sufficient number of qualified applicants or where the experience and qualifications of the person being considered for employment would justify a higher salary step. C. Employees who have been compensated continuously for six months at step "A" and who have successfully completed their probation periOd (whether said probation period is six months or longer, if extended) shall be eligible, based upon a satisfactory performance evaluation and the recommendation of their supervisor and approval of the Executive Director, to advance to step "B." Thereafter, employees who have been compensated continuously for one year at a step shall be eligible for advancement to the next step based upon a satisfactory performance evaluation and the recommendation of their supervisor and approval by the Executive Director. 2 o c o o o D. Employees who leave the service of the Commisson and are shall be rehired upon the same terms as a new employee. Executive Director may appoint said employees at a range equivalent to their experience. rehired The and step SECTION 5. PROMOTIONS If an employee has been promoted and does not successfully complete the six-month probation period (or an extended probation period) for the higher position, the Executive Director shall have the right to terminate such employee or in his/her discretion may offer the employee a position, if a~ailable, comparable to the old position. SECTION 6. WORKING HOURS A. The official work schedule for the Commission staff shall be 7:30 a.m. through 4:30 p.m. each Monday through Friday. A 15-minute rest period in the morning and in the afternoon, and a one-hour lunch period will be allowed each employee. Employees may be allowed to modify their official work schedules upon written request by the employee and approval of such requests by their supervisor and the Executive Director. Approval of any such alteration of schedule may be denied if such alteration is not in the best interests of Commission operations. B. Employees are required to notify their supervisor during the first hour of each work day they are unable to report to work. Any employee who does not report to work for three consecutive days and has not reported the absence shall be considered to have voluntarily resigned from his/her position with the Commission. SECTION 7. PAYDAY Paychecks shall be delivered to Commission employees on the fifteenth and the last day of each month. If a payday falls on a weekend or holiday, paychecks will be delivered to employees on the preceding work day. All employee time records shall be submitted in the manner and at the time as specified by the administrative procedures approved by the Executive Director. SECTION 8. EMPLOYEE BENEFITS A. All full-time employees shall be eligible for the following benefits: Retirement. All full-time employees of the Commission are required to be members of the Public Employees' Retirement System (hereinafter called OOPERSOO). The Commi ssion shall pay the full seven percent (7'1.) employee share of the PERS retirement contribution. Health Insurance. The Commission shall provide a group health insurance program for full-time employees. The Commission shall pay the full health insurance premium for the employee and eligible dependents. 3 o c o o o Dental Insurance. The CommIssIon shall provIde a group dental insurance program for full-tIme employees, The CommIssion shall pay the full dental insurance premium for the employee and elIgible dependents. VisIon Insurance. The Commission shall provide a group vIsIon Insurance program for full-tIme employees. The CommissIon shall pay the full visIon insurance premIum for the employee and eligible dependents. Life Insurance. The CommIssion shall provIde a group lIfe Insurance program for full-tIme employees. The CommIssIon shall pay the Insurance premIum for $50,000 of group lIfe and accIdental death and dismemberment (AD&D) for each full-tIme employee. Long-Term DisabIlity Insurance. The CommissIon shall provIde a group long-term dIsabIlIty Insurance program for all full-tIme employees. Medicare. All employees appoInted on or after April I, 1986, wIll be requIred to partIcIpate in the SocIal Security MedIcare program. State DIsabIlIty Insurance. All employees are requIred to partIcIpate In the State DIsabIlity Insurance (SOl) program. Deferred CompensatIon Plan. The CommIssIon shall provide a deferred compensatIon plan for all employees. Employees may elect to make voluntary contrIbutIons to the deferred compensation plan. Employee AssIstance Program (EAP), The CommissIon shall provIde an Employee AssIstance Program (EAP) for all employees. The above benefIt programs and contrIbutIon levels may be changed from tIme to tIme as approved by the CommIssIon. In addItIon to the above, the CommIssIon shall provIde unemployment Insurance and workers' compensatIon insurance coverage as requIred by the State of CalIfornIa. B. The CommIssIon shall comply wIth all provIsIons of the ConsolIdated Omnibus BUdget ReconcIliatIon Act (COBRA) for the contInuatIon of health and dental insurance benefits for any employee determined elIgIble in accordance wIth the law. C. Temporary or hourly employees shall only be elIgIble to receive those benefits lIsted above requIred by law. SECTION 9. VACATION A. For the fIrst fIve years of contInuous full-tIme employment, every employee shall accrue on a monthly basIs sIx and two-thirds (6-2/3) workIng hours of vacatIon leave equal to approximately 80 hours per year. 4 - o c o o o After the completion of five years of continuous full-time employment and commencing as of the sixth year through fifteen years, every employee shall accrue on a monthly basis ten hours of vacation leave equal to 120 hours per year, After the completion of fifteen years of continuous full-time employment and commencing as of the sixteenth year through twenty years, every employee shall accrue on a monthly basis thirteen and one-third (13-1/3) hours of vacation leave equal to approximately 160 hours per year. After the completion of twenty years of continuous full-time employment and commencing as of the twenty-first year, every employee shall be entitled to accrue on a monthly basis sixteen and two-thirds (16-2/3) hours of vacation leave equal to approximately 200 hours per year. B. All employees shall use their accrued vacation leave yearly in order that their accumulated leave does not exceed a maximum of two years of accrued vacation leave at the beginning of the calendar year. Vacation leave can only accrue beyond two years if it is found that because of the volume of workload, an employee is unable to utilize accrued vacation leave. Authorization to accrue the additional leave must be approved by the Executive Director prior to the accumulation of two years of vacation leave; otherwise. the accrued vacation leave over two years shall not be credited to the employee. C. When a scheduled holiday occurs during the vacation of an employee, the hours shall be paid as holiday hours and shall not be charged as vacation hours. D. Vacation leave shall not accrue during a leave of absence without pay for more than 30 days, but shall accrue monthly from the date of return to service from such approved leave of absence. E. Employees who resign or otherwise leave the service of the Commission shall receive compensation for the unused portion of their accrued vacation leave at the current rate of pay at the time of separation. In the case of death, the beneficiary will be paid the unused portion of any employee's accrued vacation leave. Payment of accrued vacation leave upon termination shall be based upon the hourly rates calculated upon two thousand eighty (2,080) hours per year of pay at the salary step of such employee as of the date of termination. SECTION 10. SICK LEAVE A. For the purpose of sick leave and bereavement leave usage, the following definitions shall apply: "Sick leave" means the absence from duty of any employee because of illness or injury, exposure to contagious disease, or attendance upon an immediate family member who is seriously ill and requires the care of or attendance of the employee. 5 o c o o o B. "Immedl ate faml1 y" means husband. wife, grandmother, grandfather, mother. father, sister, brother, son, daughter, mother-In-law, father-In-law, sister-In-law, brother-In-law. son-In-law, daughter-In-law. Sick leave shall accrue at the equivalent rate of eight hours for each month of full-time continuous service. C. A supervisor may require satisfactory proof of illness or injury and a report from a practicing physician describing the nature of the Illness or Injury and/or such other documentalon for any absence of more than 40 consecutive working hours, or, at any time If there is reason to believe the absence from work Is not justified. The Executive Director shall have the right to require a certificate from a practicing physician stating that an employee Is able to return and perform his/her work duties satisfactorily before the employee shall be allowed to return to work. D. Not more than 40 hours of accrued sick leave within any calendar year may be used for the care of or attendance upon Immediate family members. E. Upon termination of employment, the Commission shall pay to those employees or to their estate SO percent of their accumulated. unused sick leave, provided that In no event shall such compensation exceed 480 hours of such leave. F. Employees shall be allowed reasonable amounts of time off, not chargeable to sick leave, for doctor or dentist appointments for themselves or minor dependents of their family. The non-chargeable time should ordinarily not exceed two hours In length, and should not be so frequent as to be considered an abuse of this policy. SECTION 11. PERSONAL LEAVE Personal leave up to a maximum of 24 hours per calendar year may be utilized when approved by the employee's supervisor and shall be charged to the employee's accrued sick leave. Personal leave shall not accumulate or carry over from one calendar year to any succeeding calendar year. SECTION 12. BEREAVEMENT LEAVE Bereavement leave of up to 40 hours total per calendar year shall be allowed to attend the funeral of a member of the employee'S Immediate family. The number of hours approved shall be based upon all circumstances made known to the employee'S supervisor. Bereavement leave shall not be charged to sick leave, vacation leave or other accrued benefits. SECTION 13. JURY DUTY A, All full-time employees who are required to serve as a trial juror or as an inquest juror In a court shall be entitled to provide such service without loss of pay. This provision shall apply during the period of time In which the employee must be present In court or In 6 c c o o o the jury room as a result of such jury servIce. ThIs provIsIon Is not applIcable to grand jury service in accordance wIth California Labor Code SectIon 230. All employees shall notIfy theIr supervIsor of any call for jury servIce promptly upon receIpt of such notIce in order that a replacement or substItute may perform theIr dutIes. An employee who falls to promptly notIfy theIr supervIsor regardIng a scheduled absence due to jury service shall be considered as absent without leave and shall not receIve salary compensatIon. If any absence due to jury duty should cause a hardship to CommIssIon operatIons. the supervIsor may direct an employee to request to be excused from jury servIce and to schedule a later jury duty date, B. In cases where the completion on any day of such jury service of an employee does not exceed a period of fIve (5) hours duration of the employee's normal workday, It shall be the responsIbilIty of the employee to report to work wIthIn a reasonable tIme after hIs/her release from jury service on that day. When. however, such employee Is requIred to contInue jury service for a period In excess of fIve hours duratIon on any such regularly scheduled workIng day. saId employee shall not be requIred to report to work on that same day after hIs/her release or discharge from such jury service. C. Every employee shall receive his/her regular pay while serving on jury duty, provided that all jury fees paId to such employee, less automobIle expenses allowed, shall have been remitted to the Commission. SECTION 14, MILITARY LEAVE A. All employees requIred to serve In the NatIonal Guard or Naval MIlItIa or any reserve unIt of the armed forces of the UnIted States wIll be granted leave accordIng to the provisIons of the CalifornIa MIlItary and Veterans Code SectIon 395, et~. In accordance with the polIcies of the armed forces to cooperate wIth employers, the CommissIon requIres reasonable advance notIce of any proposed absence due to milItary duty. except In extraordinary cIrcumstances. The CommissIon reserves the rIght to confer with mIlItary authorIties In any sItuation where an employee seeks milItary leave wIthout adequate notice to the CommIssion. All employees shall provIde in advance to theIr supervIsor detailed Information regardIng their mIlItary status and sItuatIon. It shall be the employee's responsIbilIty to provIde and update thIs InformatIon whenever there are changes In the employee's mIlItary status. B. An advance written request for mIlitary leave, includIng copIes of officIal orders and other related InformatIon, must be submitted by the employee In suffIcient time, If possIble, to permit necessary rescheduling of that employee's workload. FaIlure to gIve reasonable advance notice could result In the request beIng denied. 7 c c c o o C. Every employee on temporary military leave of absence, provided that the period of ordered duty does not exceed 180 calendar days, and who has been In the service of the Commisson for a period of not less than one year Immediately prior to the day in which said absence begins, shall be entitled to receive his/her salary for the first 30 calendar days of any such absence in anyone calendar year. SECTION 15. LEAVE OF ABSENCE A. Leave of absence without pay constitutes a temporary nonpay status from full-time employment. Upon request of the employee and the recommendation of the employee's supervisor, a leave of absence without pay may be granted by the Executive Director for a period not to exceed six months. A leave of absence without pay may be granted for: 1. Employees who are temporarily mentally or physically unable to perform their duties. 2. Maternity or paternity leave. 3. Military leave when the employee has less than one year of service In the Commission. B. An approved leave of absence without pay for less than 30 consecutive calendar days will not be considered a break In service. Leave without pay In excess of 30 consecutive calendar days shall result in the advancement of the employee's anniversary date and step increase to such date as will account for the total period of uncompensated time off. Failure to return to full-time employment status without good cause at the expiration of the approved leave of absence shall be considered a voluntary resignation and will result In termination of employment. C. Vacation and sick leave shall not accrue during a leave without pay status of more than 30 days but shall accrue monthly from the date of return to service from such approved leave of absence based upon the total length of service of the employee. Any PERS benefits that would otherwise have been available during such leave without pay shall be adjusted in accordance with the rules and regulations In effect at the time. D. Employees who are off work due to an approved leave of absence without pay for more than 30 days and who wish to continue their health, dental, vision and life insurance benefits shall be required to pay for the full costs of such benefits for each full month beginning the first of the month following the 30 days. The Commission has the right to cancel Insurance benefit coverages In the event that payment Is not received. It Is the responsibility of the employee to contact the Administrative Services Division to make appropriate arrangements. The payment of the premiums must be made 8 o .. 'l o to the Commission prior to the date on which the Commission is obligated to pay such premiums. The Commission's contribution towards the employee's insurance premiums will begin on the first of the month following the employee's return to full-time employment status. o E. Employees who enter the armed forces of the United States during war or national emergency as declared by the President or the Congress of the United States are entitled to a leave of absence without pay during the time of such service and for a period of 90 days thereafter. All employees returning to the Commission within the time herein specified, and who have been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. . SECTION 16. INJURY LEAVE (WORKERS' COMPENSATION) Full-time employees who sustain an injury in the course and scope of their employment with the Commission shall receive the equivalent of 100 percent of their normal salary or wages (including disability payments) for the first five working days of their absence due to the injury. Effective upon the sixth working day of necessary absence, employees may utilize their accumulated sick leave to augment the amount of temporary disability compensation received. Sick leave may be utilized to the extent that the total sum received when added to workers' compensation disability payments will result in a payment equal to the employee'S regular and normal compensation, but not to exceed the take-home pay of the employee's last full paycheck. The utilization of sick leave for this purpose shall end with the termination of the temporary disability or when accumulated sick leave has been exhausted, whichever occurs first. c SECTION 17. PAID HOLIDAYS A. All full-time employees shall be entitled to the following paid holidays: Holiday New Year's Day Martin Luther King. Jr. Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day New Year's Eve Two Floating Holidays c Observance January 1st Third Monday in January Last Monday in May July 4th First Monday in September November 11th Fourth Thursday in November Friday after Thanksgiving As scheduled by Management December 25th As scheduled by Management As scheduled When a holiday occurs on a Saturday, the preceding Friday shall be observed. When a holiday occurs on a Sunday, the following Monday shall be observed. 9 -~ o o o Floating holidays shall be taken during the calendar year in which they accrue, but only upon the prior written approval of the employee's supervisor. Floating holidays may not be carried over to the next calendar year. B. All employees shall be allowed the holidays specified above at full pay when such holiday occurs within the regular assigned working period, and provided that the employee is not on an approved leave of absence without payor was not otherwise absent without approval for the working day either immediately preceding or succeeding the holiday. If It becomes necessary for any employee to work on any of the above designated holidays, any time worked during said holiday shall be compensated in accordance with the overtime policies. SECTION 18. OVERTIME PAY AND COMPENSATORY TIME OFF A. "Overtime Work" shall mean the aggregate service performed by an employee In excess of eight hours per day or forty hours per week for full-time employees. Management shall have the right to schedule flexible working hours for those employees who are required to attend meetings or perform other overtime work on an ongoing basis in order to maximize Commission resources. o B, Management and confidential employees shall not be allowed overtime payor compensatory time off for overtime hours worked. Management and confidential employees shall be expected to work the number of hours required In order to satisfactorily perform their respective job functions. Said employees shall be permitted to use up to 56 hours of administrative leave each calendar year in lieu of compensatory time off or overtime pay. Administrative leave may not be carried over Into the next calendar year. No compensation for unused administrative leave will be paid at separation. C. Overtime work shall not be authorized unless an employee has completed and submitted to his/her supervisor an overtime request prior to working the overtime hours. The request must designate the anticipated hours of overtime for which approval Is requested, the reason for such overtime and the name of the supervisor requesting that the overtime be worked. The request must be approved by the appropriate supervisor and submitted to either the Executive Director or Deputy Director for final approval. D. Overtime pay will be compensated at time and one-half of the regular hourly rate of pay of the employee requesting such overtime compensation. The conversion of annual salaries to an hourly rate of pay shall be on the basis of 2,080 working hours per year. In lieu of overtime pay, employees may elect to receive compensatory time off on a time and one-half basis for all overtime hours worked. Employees may accrue up to a maximum of 40 hours of compensatory time off, o 10 c c c o o SECTION 19. TRAVEL COMPENSATION ReImbursement for mIleage for the use of prIvate automobIles on CommIssIon busIness shall be provIded In accordance wIth approved CommIssIon policy. Reimbursement for travel costs and attendance of conferences by CommissIon employees durIng workIng hours shall be in accordance with approved Commission polIcIes. SECTION 20. CONFLICT OF INTEREST A. All employees who. In the course of theIr dutIes, are required to partIcipate in the formulation of or to approve plans or polIcies for a Redevelopment Project Area must sign a "Conditions of Employment" form agreeing that they will not acquire any interest in any property included within a Redevelopment Project Area unless otherwise permitted pursuant to CalIfornia Health and Safety Code Section 33130. All employees must submit a written dIsclosure of any interest they might have withIn a Redevelopment Project Area to the Commission and the City CouncIl and such disclosure shall be entered Into the mInutes of the Agency and the City CouncIl, pursuant to California Health and Safety Code SectIon 33130, at the time of theIr employment wIth the CommIssion. All employees must additIonally agree that they shall not become involved as an owner, partner, partIcIpant, joInt venturer, employee or otherwise, and agree not to enter into any contract or agreement In connectIon wIth any development project or property Included, planned to be Included or proposed to be Included In any type of development project under the jurIsdictIon of the CommissIon during the period of their employment, unless the employee has owned an Interest substantially equal to that beIng acquired, for three years Immediately precedIng the selectIon of the Project Area pursuant to California Health and Safety Code SectIon 33130(b). Disclosure Is also requIred In accordance with the conflict of Interest code adopted by the CommIssion and amended from tIme to tIme. B. Any CommIssion employee who holds a California real estate broker's or salesperson's license shall not engage In any real estate brokerage or sales actIvities withIn the County of San Bernardino durIng the term of theIr employment with the Commission. An exception can be made when the employee is purchasIng or selling property for hIs/her personal or family account. FamIly shall mean husband, wife. grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-In-law, father-in-law, sIster-In-law. brother-In-law, son-In-law, or daughter-in-law C. To avoId potential conflicts of Interest, employees are requIred to dIsclose all outsIde employment to the Executive DIrector prIor to acceptIng outside employment. 11 o c c .. -- - o o SECTION 21. POLICY ON HARASSMENT It is the policy of the Commission to provide a work environment that is free from any harassment, whether it be sexual, racial, ethnic or of some other type. Therefore, harassment in any form -- visual, verbal or physical -- is in violation of the policies set forth in this Manual. Such behavior by any employee toward any other employee or citizen will result in disciplinary action. Employees who believe they have been the victim of harassment are encouraged to immediately report the incident or situation to their supervisor, Manager, Deputy Director or Executive Director, SECTION 22. COMPLIANCE WITH DRUG FREE WORKPLACE ACT It is the pOlicy of the Commisson to maintain a drug-free workplace, Any employee who becomes aware of any violations of this policy should immediately report them to their supervisor, Manager, Deputy Director or Executive Director. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance without a prescription while at work is prohibited. As a condition of employment. such employee is required to abide by this policy. In addition. any employee who is convicted of any "criminal drug statute" occurring in the workplace is reqUired to notify the Deputy Director or Executive Director no later than five days after such conviction. Any employee who violates these requirements shall be subject to disciplinary action up to and Including dismissal. Drug abuse in the workplace may lead to serious safety concerns for the abuser, fellow employees, and the general public being served by the abuser. Specifically, drug users may be causing irreparable damage to their bodies which can lead to serious illness and even death; and endangering the lives and property of others because of their impaired mental and physical condition. An Employee Assistance Program is available to provide comprehensive employee assistance and counseling services to all Commission employees. The program is designed to help employees and their family members find direction in solving personal or emotional problems, including drug and alcohol abuse. All employees are encouraged to utilize this program when faced with such personal problems. Unless otherwise requested by the employee. all services provided by the Employee Assistance Program are strictly confidential and will not be disclosed to the Commission staff or management. SECTION 23. GRIEVANCE PROCEDURE A grievance may be filed for an alleged violation of the personnel policies and procedures contained herein. Employees are required to make every effort to resolve grievances on an informal basis through discussion with their supervisors. To initiate the grievance process, an employee shall bring the matter to the attention of his/her supervisor within ten working days after having been made aware of the condition(s) precipitating the 12 o o o o o grievance. The supervisor shall meet with the employee within five days of being notified by the employee to discuss the matter, and shall notify the employee within five working days of his/her decision. After being notified of the supervisor's decision, if the grievance is not resolved to the satisfaction of the employee, he/she shall have seven working days to submit the grievance, in writing, to the Executive Director. The Executive Director or his/her designee shall meet with the employee within seven working days of receipt of the grievance, and shall notify the employee, in writing, of his/her decision within seven working days after the meetIng. The decision of the Executive Director with respect to the gri evance shall be fi na 1 . SECTION 24. LAYOFFS AND REDUCTIONS IN FORCE A. The Commission's activities are dependent upon various funding sources and changing developmental needs, some or all of which may from time to time be terminated or reduced without advance notice. In the event of a reduction In anticipated Income or a change In emphasis requiring a reduced staffing level In one or more existing activities, the ExecutIve Director shall have the authority to reduce or transfer staff In those areas of the Commission's operations which will maximize human resource management and will have the least damaging effect In accomplishing the CommIssion's overall goals. Such staff reductIons shall be made In accordance with the approved direction or authorization from the Commission to reduce staff or change emphasis. The Executive Director shall have the authority to demote employees to lower positions which may be available and shall have the authority to add, delete or change job responsibilities within the lImitations of the approved budget and In accordance with the Commission's operational needs. B. In the event a layoff or reduction in staff shall be necessary, the Executive Director shall provide at least two weeks' advance written notice to the employee or employees to be affected thereby, or equivalent notice of any demotion necessitated by a layoff or reduction In staff. Should an Immediate layoff without advance notice be required, the employee shall receive two weeks' severance pay. SECTION 25. RESIGNATION An employee who desires to terminate employment with the Commission should submit a written, signed resignation to the Executive Director at least two weeks prior to the intended resignation date. During this two-week period before termination, the employee is required to fill out the appropriate Commission termination of employment forms and return all eqUipment, keys, identification cards and any other Commission property to his/her supervisor. SECTION 26. DISCIPLINARY ACTIONS Any employee who is charged with poor attendance, Inadequate or substandard performance, violation of Commission policies. behavior reflecting discredit on the Commission, or other misconduct shall receive advance written notice of the disciplinary action being proposed. Such disciplInary actions shall 13 o o o o o Include dismissals, suspensions without pay, and demotions. The advance notice shall contain the charges upon which the proposed action Is based, the events or circumstances related to the proposed action, copies of any materials being used to support the proposed action, and the opportunity to respond either orally or In writing within a reasonable time to the Executive Director. Records of any discipline subsequently imposed shall be retained in the personnel file of the employee subject to such discipline. Any employee who is dismissed by the Executive Director shall have the right to have his/her dismissal reviewed by the Community Development Commission. The decision of the Commission with respect to such dismissal shall be final. The Executive Director may be dismissed only by the Chairman of the Community Development Commission with the approval of the Commission. 0318T 14