EXH
IBIT A
Non-Represented Employees’
C
ompensation and Benefits Plan
Attachment 2
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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TABLE OF CONTENTS
SECTION NO. SECTION TITLE PAGE NO.
Section 1 Establishment ................................ ................................ .......................... 3 Section 2 Provision of Law ................................ ................................ ...................... 3 Section 3 Management Structure ................................ ................................ ............ 3 Section 4 Non-Represented Classifications ................................ ............................ 3 Section 5 Confidential Employees ................................ ................................ ........... 4 Section 6 Salary ................................ ................................ ................................ ...... 5 Section 7 CalPERS Retirement Plan ................................ ................................ ....... 5 Section 8 401 (a) Program ................................ ................................ ...................... 6 Section 9 Health Insurance ................................ ................................ ..................... 7 Section 10 Dental Insurance ................................ ................................ ..................... 8 Section 11 Optical Insurance ................................ ................................ .................... 8 Section 12 Short-Term/Long-Term Disability Insurance ................................ ............ 8 Section 13 Life Insurance ................................ ................................ .......................... 9 Section 14 Employee Assistance Program ................................ ................................ 9 Section 15 Benefit Amendment Clause ................................ ................................ ..... 9 Section 16 Work Schedule ................................ ................................ ........................ 9 Section 17 Holidays ................................ ................................ ................................ .. 10 Section 18 Three-Tiered Management Program ................................ ....................... 11 Section 19 Vacation ................................ ................................ ................................ .. 11 Section 20 Sick Leave ................................ ................................ ............................... 12 Section 21 Bereavement ................................ ................................ .......................... 14 Section 22 Workers’ Compensation ................................ ................................ ......... 14 Section 23 Jury Duty ................................ ................................ ................................ 14 Section 24 Leave Without Pay ................................ ................................ .................. 14 Section 25 Education Reimbursement/Certification Incentive Pay ............................ 14 Section 26 Bilingual Pay ................................ ................................ ........................... 15 Section 27 Cell Phone Allowance ................................ ................................ ............. 15 Section 28 Automobile Allowance ................................ ................................ ............. 15 Section 29 Uniforms and Boot Reimbursement ................................ ......................... 16 Section 30 Overtime Pay ................................ ................................ .......................... 16 Section 31 Compensatory Time Flexibility ................................ ................................ 17 Section 32 Out of Classification and Acting Assignment Pay ................................ .... 17 Section 33 Stand-by Duty ................................ ................................ ......................... 18 Section 34 Promotions and Step Placement ................................ ............................. 18 Section 35 Outside Employment ................................ ................................ .............. 18 Section 36 Smoking ................................ ................................ ................................ . 18 Section 37 Employer/Employee Relations ................................ ................................ . 18 Section 38 Disciplinary Appeals ................................ ................................ ................ 19 Section 39 Layoffs……………………………………………………………………........ 22
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 1: Establishment
The Non–Represented Employees’ Compensation and Benefit Plan was modified in whole in Resolution No 2026-029, Resolution HHA 2026 -04, and Resolution HWD 2026 -010. The following sections shall remain in full force and effect until modified or terminated by action of the City Council and may be modified individually or in whole by action of the City Council.
SECTION 2: Provisions of Law
It is understood that this N on-Represented Employees’ Compensation and Benefit Plan is subject to all current and future applicable federal and state laws, federal and state regulations. If any section or provision of the resolution is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any competent jurisdiction, such section or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this resolution shall not be affected thereby.
SECTION 3: Management Structure
All employees work for the City Manager; however they have supervisors assigned to them based upon the organizational structure included in the annual budget and as determined by the City Manager.
SECTION 4: Non-Represented Classifications
The non-represented job classifications include all job classifications and employees not represented by a recognized employee organization as approved by the Hesperia City Council.
The non-exclusive listing of classifications that are non -represented includes the City Council as Elected Officials, the City Manager, full -time, part -time, temporary employees and any other employees to include the following full-time classifications:
GENERAL SENIOR MANAGEMENT
Accountant City Engineer
Accounting Technician Deputy Community Development Director Administrative Aide Deputy Development Services Director Administrative Secretary Deputy Director of Development Services/Community Development Animal Services Coordinator Deputy Director of Economic Development Budget/Finance Specialist Deputy Human Resources/Risk Management Director City Clerk Specialist Economic Development Director
Deputy City Clerk
Engineering Specialist
Environmental Compliance Inspector AT-WILL SENIOR MANAGEMENT Executive Secretary Assistant City Manager (Unclassified/At-Will) Facility Electrician Assistant City Manager/Management Services (Unclassified/At-Will) Field Services Supervisor City Clerk (Unclassified/At-Will) Geographical Information Systems Technician Deputy City Engineer (Unclassified/At-Will) Information Systems Technician Deputy City Manager (Unclassified/At-Will) Office Assistant Deputy City Manager/City Clerk (Unclassified/At-Will) Payroll Analyst Deputy Finance Director (Unclassified/At-Will) Personnel Technician Deputy Human Resources/IT Director (Unclassified/At-Will) Planning Specialist Deputy Information Technology Director (Unclassified/At-Will) Purchasing Analyst Director of Administrative Services (Unclassified/At-Will) Public Works Inspector Director of Development Services (Unclassified/At-Will) Senior Code Enforcement Officer Director of Finance (Unclassified/At-Will) Senior Community Development Technician Director of Government Services/City Clerk (Unclassified/At-Will) Senior Engineering Technician Director of Public Works (Unclassified/At-Will) Senior Office Assistant Public Works Manager
Senior Office Specialist Licensed Veterinarian
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 4: Non-Represented Classifications (Continued)
PROFESSIONAL/SUPERVISORY MANAGEMENT
Administrative Analyst Animal Services Manager
Animal Control Supervisor Assistant to the City Manager Animal Services Specialist Budget/Finance Manager
Animal Services Supervisor Building Official
Assistant City Clerk Building & Safety Manager
Assistant Engineer Code Compliance Manager
Assistant Planner Community Development Manager
Assistant Project Manager Community Program Manager
Associate Engineer Community Relations and Media Coordinator Associate Planner Economic Development Manager
Building and Safety Supervisor Finance Manager
Building Inspection Supervisor Geographical Information Systems Manager Code Enforcement Supervisor Human Resources Program Manager Community Development Coordinator Information Systems Manager Community Development Supervisor Information Systems Specialist Community Relations Specialist Principal Planner
Construction Inspection Supervisor Project Manager
Customer Service Supervisor Public Works Superintendent Economic Development Supervisor Public Works Supervisor Emergency Services Coordinator Purchasing Supervisor
Environmental Programs Coordinator Risk Manager
Facilities Supervisor Senior Accountant
Financial Analyst Senior Development Specialist
Fleet/Warehouse Supervisor Senior Engineer
Geographical Information Systems Specialist Senior Financial Analyst Human Resources Analyst Senior Human Resources Analyst
Human Resources Specialist Senior Information Systems Specialist Land Development Supervisor Senior Management Analyst
Maintenance Crew Supervisor Senior Planner
Management Analyst Senior Plans Examiner
Plans Examiner Senior Project Manager
Public Relations Analyst Streets Operations Manager
Public Works Inspection Supervisor Water Operations Manager Public Works Supervisor/Water
Risk Management Supervisor
Secretary to the City Manager & City Council
Senior Economic Development Specialist
Shelter Supervisor
SECTION 5: Confidential Employees
Confidential employees are designated as such when an employee, in the course of his or her duties, has access to information relating to the City’s administration of employer -employee relations.
Employees designated as confidential employees may not represent any employee organization which represents other City employees concerning the wages, hours or other terms and conditions of employment of such other employees. The employees designated as confidential employees are as follows:
Budget/Finance Manager
Executive Secretary
Human Resources Analyst
Human Resources Manager
Human Resources Specialist
Personnel Technician
Secretary to the City Manager/City Council
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 6: Salary
1 Annually, a Cost of Living Adjustment (COLA) will be reviewed by management and presented to the City Council. The COLA will be based on the annualized Consumer Price Index (CPI) – All Urban Consumers (Area: Riverside-San Bernardino – Ontario).
2 The salary ranges will be listed in the City’s Combined Compensation Schedule. 3 Bonus Program for employees on Step 11 based on merit on their anniversary date is established.
See ORG-42.
a. This program was frozen for Fiscal Year 2020-21.
4 Merit step increases were frozen for Fiscal Year 2020-21. 5 Each non -represented full-time and part -time employee who is actively employed with the City of Hesperia on June 24, 2021, shall receive a lump sum bonus payment equal to 3% of the respective employee’s annual base salary in effect as of June 4, 2021. This amount shall not increase the employee’s base pay rate but is a one -time lump sum bonus only. This one- time payment will be included in the last paycheck received in the month of June 2021 and will not be reported to CalPERS as special compensation.
6 Each non -represented full-time and part -time employee who is actively employed with the City of Hesperia on May 17, 2024, shall receive a one-time stipend payment as follows:
• $500 – Part-Time Classification
• $1,100 – General
• $1,200 – Professional/Supervisory
• $1,300 - Management and above
This one-time payment will be included in the first paycheck received in the month of June 2024 and will not be reported to CalPERS as special compensation. 7 Each non -represented full-time and part -time employee who is actively employed with the City of Hesperia on June 12, 2026, shall receive a one-time employee stipend payment as follows:
• $500 – Part-Time Classification
• $2,150 – General
• $2,350 – Professional/Supervisory
• $2,500 - Management and above
This one- time payment will be processed on or before June 30, 2026 and will not be reported to CalPERS as special compensation.
SECTION 7: CalPERS Retirement Plan
The City has amended its contract with the Board of Administration of CalPERS to provide the 2.7%@55 full retirement formula, which increased the employee’s rate of contribution to 8% of reportable earnings.
The City has elected and continues to elect to be subject to the following optional retirement provisions:
a. Section 20042 (One-Year Final Compensation).
b. Section 20903 (Two Years Additional Service Credit).
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 7: CalPERS Retirement Plan (Continued)
c. Section 21574 (Fourth Level of 1959 Survivor Benefits. The City funds the Employer and Employee contribution of the Survivor Benefits. The Survivor “Employee Contribution” is not credited to the member’s account and is not refundable.
d. Section 21024 (Military Service Credit as Public Service).
Effective the first full pay period after July 1, 2012, the City’s contribution towards the local miscellaneous member’s contribution will be zero percent of reportable compensation, and each local miscellaneous member’s contribution shall be 8% of the individual member’s reportable earnings.
Employees hired by the City on or after January 1, 2013, who qualify as “new members” , as that term is defined in the Public Employee Pension Reform Act (AB 340) , shall be subject to the Act including but not limited to:
a. 2% at 62 retirement formula
b. Pension benefit is based on the highest annual final compensation during a consecutive 36 month period.
c. CalPERS contribution of 50% of the CalPERS “normal cost” as that term is defined in the Act.
In addition to paying the full CalPERS member contribution, each employee covered by the CalPERS
2.7% @ 55 full retirement formula shall, effective the first full pay period after July 1, 2015, pay one percent of reportable earnings by payroll deduction as cost sharing of the City’s normal costs pursuant to Government Code sections 7522.30 (e) and 20516 (f).
SECTION 8: 401 (a) Program
The City will provide to all Non -Represented employees a 401 (a) program with contributions every pay period as follows:
General
• One percent of base salary
Professional/Supervisory
• Two percent of base salary
Management
• Three percent of base salary
Senior Management
• Four percent of base salary
For plan rules and details, refer to the plan documents available in Human Resources.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 9: Health Insurance
All employees must enroll in an available City health insurance plan unless they opt out with proof of alternate group coverage.
1. Health Insurance Provider:
The City will make available a comparable health insurance plan(s) for all full -time regular employees and elected officials.
2. City Contributions:
The City contribution for full -time regular employees and elected officials are exclusively for the premiums of health, dental and optical only and includes the minimum required employer monthly contribution amount as designated by the Health Insurance Provider with the remaining monthly amount provided through the City’s Cafeteria Plan.
a. Full-time Regular Employees and Elected Officials Contributions:
• Effective December 1, 2026, for the January 2027 insurance premiums, the City shall pay up to $1,900 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,900 through payroll deduction. • Effective December 1, 2025, for the January 2026 insurance premiums, the City shall pay up to $1,750 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,750 through payroll deduction. Joint Resolution No. 2025-45. • Effective December 1, 2024, for the January 2025 insurance premiums, the City shall pay up to $1,650 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,650 through payroll deduction. • Effective July 1, 2023, for the August 2023 insurance premiums, the City shall pay up to $1,550 per month; the employee shall be responsible for paying the difference, or the amount greater than $1,550 through payroll deduction.
• Cash Back Provision: Should the employee/elected official select plans that total premium cost less than the City Contribution:
Hired before January 1, 2013, and receive the Cash Back Provision as of February 28, 2019, the difference up to $665 per month will be paid out in cash. The City’s payment above $665 will be paid for insurance costs only, with no difference available as cash.
Hired before January 1, 2013 and select a change to receive the Cash Back Provision on or after March 1, 2019, the difference up to $300 per month will be paid out in cash. The City’s payment above $300 will be paid for insurance costs only, with no difference available as cash.
Effective March 2019 for April premiums, employees hired on or after January 1, 2013, the difference up to $300 per month will be paid out in cash. The City’s payment above $300 will be paid for insurance costs only, with no difference available as cash.
All cash payments shall be subject to taxation.
b. Opt-out of City Health Coverage Contribution:
Full-time regular employees and elected officials who opt -out of the City’s health insurance with proof of alternate group coverage:
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 9: Health Insurance (Continued)
• Hired before January 1, 2013 and opt-out as of February 28, 2019 are eligible to receive the difference less their dental and vision plan selections up to $665. • Hired before January 1, 2013 and select a change to opt -out on or after March 1, 2019, are eligible to receive the difference less their dental and vision plan selections up to $300.
• Hired after January 1, 2013 are eligible to receive the difference less their dental and vision plan selections up to $300.
In order to opt out, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment. The opt -out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
c. Retiree Health Contribution:
The City shall provide each employee who retires the minimum employer monthly health premium contribution as designated by the Health Insurance Provider and based on verification of enrollment in a health plan. If the retiree does not participate with the City’s designated Health Insurance Provider, this contribution will be paid to the retiree annually after the end (December) of the plan year and said contribution shall terminate upon the retiree’s sixty-fifth (65th) birthday.
SECTION 10: Dental Insurance
The City shall provide group dental insurance coverage. Full-time regular employees and elected officials are required to enroll in group dental coverage at the minimum single- party rate. The City will pay the single party rate of the dental plan and if the selected dental plan is higher, then the employee shall be responsible for paying the difference, which shall be paid from the City’s contributions as set forth in Section 9.
SECTION 11: Optical Insurance
The City shall provide group optical insurance coverage. Full-time regular employees and elected officials are required to enroll in group optical coverage at the minimum single- party rate. The City will pay the single party rate of the optical plan and if the selected optical plan is higher, then the employee shall be responsible for paying the difference, which shall be paid for from the City’s contributions as set forth in Section 9.
SECTION 12: Short-Term/Long-Term Disability Insurance
The City agrees to provide access to a shor t-term/long-term disability insurance policy or coverage.
Employees are required to pay for this short-term/long-term disability insurance.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 13: Life Insurance
The City will provide a life insurance plan . All non-represented employees shall be provided coverage amounts of one time their annual salary. Elected officials will continue to receive life insurance coverage of $50,000. The City shall pay the life insurance premiums for all non- represented full-time, continuous salaried employees and elected officials.
SECTION 14: Employee Assistance Program
The City shall provide an Employee Assistance Program for all full -time continuous salaried employees, elected officials, and dependent coverage.
SECTION 15: Benefit Amendment Clause
Any other employee benefit expressed in terms of days earned, not specifically mentioned above, is hereby amended to provide eight (8) hours accrued benefit in lieu of days.
SECTION 16: Work Schedules
Management is authorized to change normal work schedules for employees to include closed Fridays , Saturdays and Sundays to serve the customer service needs of the City and save overtime costs.
Reasonable notice of two weeks must be provided unless the normal work schedule change is mutually agreed to by the supervisor and employee. Human Resources and Payroll will maintain employees’ assigned schedules.
For purposes of continuing the workweek schedule without the City incurring any increased costs or the employees receiving any increase in benefits, the following shall apply:
1. General Agreement - Whenever any oral or written practice, procedure, or policy provides employee economic benefits in terms of days, all such provisions shall be converted to provide such economic benefits in terms of hours and any such practice, procedure, or policy which previously was phrased in terms of days is hereby converted to eight (8) hours for each day.
2. Workweek - The workweek for employees shall begin and end as follows:
a Employees assigned to the “9/80” schedule will work four (4) days per week, nine (9) hours per day and eight (8) hours every other Friday, with the alternating Friday off the workweek shall begin each Friday afternoon at 12:01 p.m. and end the following Friday morning at 12:00 p.m. noon. As established by the City in January 1996.
b Employees assigned to work the “4/10” schedule will work four (4) days per week, ten (10) hours per day, their workweek shall begin at 12:01 a.m. each Monday morning and end the following Sunday night at 12:00 p.m. midnight. As established by the City in 1996. c Employees assigned to work the “5/8” schedule will work five (5) days per week, eight (8) hours per day, their work week shall begin at 12:01 a.m. each Monday morning and end the following Sunday night at 12:00 p.m. midnight. As established by the City in the Personnel Rules and Regulations, Rule V, Section 1.
An employee’s normal work schedule may be adjusted during a workweek, with time off on an hour - for-hour basis in lieu of overtime during the same workweek.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 16: Work Schedules (Continued)
3. Holidays –
a Paid holidays will be paid at the same number of hours of the employee approved work schedule. For example, employees working a 4/10 schedule: paid holiday will be at ten (10) hours per holiday.
b When assigned to the 4/10 schedule and a holiday fall on an employee’s normal scheduled day off, the hours will be accrued and utilized with Supervisor approval at a later time that does not unduly disrupt the operations of the department . After June 30th of each year, all accrued holiday hours remaining shall be reduced to zero and paid out in July . Christmas Eve, Christmas Day and New Year’s Day holiday hours will not be accrued and must be used during the City’s closure.
SECTION 17: Holidays
All full- time continuous salaried employees shall be compensated at the regular rate for the following holidays:
1. Independence Day
2. Labor Day
3. Columbus Day
4. Veteran’s Day
5. Thanksgiving Day
6. Day after Thanksgiving
7. Christmas Eve
8. Christmas Day
9. New Year’s Day
10. Martin Luther King Jr. Day
11. President’s Day
12. Memorial Day
13. Juneteenth Day
Columbus Day will be observed in FY 2021- 22, during the Pilot Schedule P rogram. If the Program continues on the following year and thereafter, observing Columbus Day will be reviewed each year by Management for observance and an announcement will be provided by the end of August.
City facilities will be closed between Christmas Day and New Year’s Day in what was a regular work week.
1. Each employee shall be paid for those days for the same amount of hours for which the employee would have been regularly scheduled and would have worked if the City were not closed on those dates. Emergency service employees may not be eligible for this closure but shall be eligible for overtime if worked.
2. For employees on the 4/10 schedule, Christmas Eve, Christmas Day and New Year’s Day will not be accrued holiday hours and must be used during the City’s closure and employees will only be compensated up to the amount of their regular work schedule. For example, i n 2021, City facilities will be closed on December 23 through December 31. A n employee who is on the 4/10 schedule and regularly works Monday – Thursday will work/report hours as follows: 12/20, 12/21, and 12/22 regular hours, 12/23 holiday hours, 12/27 holiday hours, 12/28 and 12/29 City paid closure hours, and 12/30 holiday hours.
3. City facilities will be closed on December 23, 2024 and January 2, 2026. Each employee shall be paid for those days for the same amount of hours for which the employee would have been regularly scheduled and would have worked if the City were not closed on those dates .
Employees may not be eligible for this closure but shall be eligible for overtime if worked.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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For employees to be compensated (vacation or sick leave) for a day off prior to or following a Holiday, the employee must request and have approved the time off prior to the Holiday. If the employee does not have written approval for the absence, the employee must provide the City with a certification of absence from a physician for the absence or the absence will result in a non-paid leave.
SECTION 18: Three-Tiered Management Program
Employees designated as either Professional/Supervisory, Management or Senior Management are not eligible for overtime pay or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following:
Professional/Supervisory
Administrative leave of a maximum of fifty -five (55) hours per fiscal year at the discretion of appropriate supervisor.
Management
Administrative leave of a maximum of sixty-five (65) hours per fiscal year at the discretion of appropriate supervisor.
Senior Management/ At-Will Senior Management
Administrative Leave to a maximum of eighty -four (84) hours per fiscal year at the discretion of appropriate supervisor.
New employees’ accrual of administrative leave shall be prorated to the end of the fiscal year.
Administrative leave is intended to be used in the fiscal year. If an employee separates from employment, however, the employee will be compensated for any accrued, but unused, administrative leave. Any unused administrative leave will be converted to vacation hours at the conclusion of the fiscal year.
SECTION 19: Vacation
All full- time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule:
Years of Service Annual Hours Accrued
1 80
2 88
3 96
4 104
5 112
6 120
7-9 128
10 136
11-13 144
14 152
15+ 160
Employees may use up to forty (40) hours of accrued vacation after six (6) months of service.
Employees will have a maximum of 500 hours carry -over of vacation per fiscal year. On June 30, if an employee exceeds the maximum accrual allowable, the vacations hours in excess of 499 will be paid at the employee’s current hourly rate. This will be evaluated on a fiscal year basis.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 19: Vacation (Continued)
During the month of October, an employee may elect to convert up to two hundred and forty (240) hours of vacation into cash payment(s) at the base rate of pay in effect at the time of the cash- out, as long as the employee has eighty (80) hours of vacation remaining on the books at the time of the pre- designation. To cash-out vacation, an employee must make an irrevocable election (i.e., pre-designation) during the month of October, specifying the total number of hours to be cashed- out from next year’s vacation leave accrual. During the calendar year following the pre-designation, an employee may choose increments of vacation to cash-out in March, May and August; the minimum increment for vacation cash- out is twenty (20) hours. If no cash- out occurs during the year and/or any remaining balance of the pre- designated amount will be cashed out in November. If the employee does not have the vacation hours available to satisfy the amount pre-designated for cash-out, the employee will be precluded from making an irrevocable election and cashing out for the following calendar year.
All accrued but unused vacation shall be paid out to the employee upon separation of employment.
SECTION 20: Sick Leave
All full- time employees will accrue sick leave at the rate of eight (8) hours per month, ninety -six (96) hours per year. Sick leave can be accrued without limit. Eighteen (18) hours of sick leave per fiscal year may be utilized for personal time. As long as the employee has remaining forty (40) hours of sick leave accrued, employee may use eighteen (18) hours of sick leave per fiscal year for personal time. Personal time hours must be requested prior to the time of use and used during the fiscal year and can be neither cashed out nor carried over into the new fiscal year. If not used during the fiscal year any remaining personal time hours shall be lost.
The City will establish a Sick Leave Conversion Program which will allow a full-time employee with a sick leave accrual balance of 268 hours to convert sick leave hours to their vacation accrual balances once during the pay periods in October, under the following conditions:
1. Eighteen (18) hours may be converted if the full -time employee reported to work each day during the prior fiscal year and did not call in sick.
2. Nine (9) hours may be converted if the full -time employee called in sick once during the prior fiscal year.
Pre scheduled sick leave use will not be considered as “not calling in sick” in numbers 1. and 2. above.
Please refer to Sick Leave Conversion Program for further details.
There will be no buyout or conversion of unused sick leave upon termination of employment.
The following only applies to all part -time, temporary, and seasonal employees as well as Administrative Interns, in accordance with California’s Paid Sick Leave law the City of Hesperia is required to provide paid sick leave with the following conditions:
A. Each new part-time, temporary and seasonal employees will be provided forty (40) hours of paid sick leave on the first date of employment.
Unused sick leave will carry over each fiscal year with a maximum amount of forty (40) hours.
An part-time, temporary and seasonal employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City.
B. An employee may use sick leave for one of the following reasons:
a. For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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C. SECTION 20: Sick Leave (Continued)
a. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child regardless of age or dependency status (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.)
ii. Spouse or Registered Domestic Partner
iii. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.) iv. Grandparent
v. Grandchild
vi. Sibling
b. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking after giving the City reasonable advance notice of the need for time off
c. where feasible, for the following non exhaustive reasons:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
D. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable ( e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
E. An employee who uses paid sick leave must do so with a minimum increment of two (2) hours of sick leave.
F. Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement, or other separation from employment from the City.
G. If an employee separates from City employment and is re- hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated.
However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 21: Bereavement
Rule VI, Leave, Section 7, Sick Leave, Subsection 8, Bereavement Leave, of the Personnel Rules and Regulations is revised to provide that any eligible employee who is absent from work by reason of a death in their immediate family will be allowed a leave of absence with pay up to five (5) cumulative working days (44 hours) per occurrence or a death of their blood relative, will be allowed a leave of absence with pay up to three (3) cumulative working days (27 hours) per occurrence. Additional time may be requested by the eligible employee, however, this additional time will be deducted from the employee’s leave accrual, e.g. sick (up to 13 hours); vacation.
For the purpose of this section, “immediate family” is defined as employee’s spouse or registered domestic partner, employee’s parents, employee’s spouse’s parents, employee’s child, step -child, step- parent, grandparent, grandchild, brother, sister, step- brother, and step-sister. “Blood relative” is defined as, aunt, uncle, niece, nephew, brother -in-law, sister-in-law, legal guardian, employee’s ex -spouse who is parent of employee’s children, domestic partner as defined under California Family Code Section 297, and/or any other individual living in the same household as the City employee. The department head and the City Manager shall approve such bereavement leave with their signature.
SECTION 22: Workers' Compensation
The City provides certain supplementary Workers' Compensation benefits for temporary disabilities other than Police and Fire. (See Resolution No. 90-36).
SECTION 23: Jury Duty
Rule VI, Section 3 (1), “Jury Duty” of the Personnel Rules and Regulations is superseded to provide that employees who are summoned to appear and serve for jury duty shall be entitled to up to eighty (80) hours leave.
SECTION 24: Leave Without Pay
Rule VI, Section 4, “Leave of Absence Without Pay” of the Personnel Rules and Regulations is superseded to provide that such maximum leave shall be eighty (80) working hours rather than ten (10) working days.
SECTION 25: Education Reimbursement/Certification Incentive Pay
A. The City’s Tuition Reimbursement Policy for non- represented employees shall provide a maximum of $3,000 reimbursement per fiscal year per non-represented full-time employees. For full-time non- represented employees with five consecutive years of employment based on an employee’s hire date, the City shall provide $4,000 reimbursement per fiscal year.
In all other respects, the Tuition Reimbursement Policy shall remain in full force and effect.
When the City determines that a reclassification of a position requires the incumbent to obtain a specialized license or certificate, or if such a requirement is established for the position by a federal or state agency during an employee's employment in the position, the City agrees to assume the cost for such certification or license. The City may pay directly or reimburse the employee if proof of cost is presented by the employee.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 25: Education Reimbursement/Certification Incentive Pay (Continued)
B. Commercial Driver’s License Incentive Pay
Employees maintaining a valid Commercial Driver’s License either Class “A” or “B”, placed on the City’ Department of Transportation Random list for testing and complies with the City’s Drug and Alcohol Testing Program for Commercial Drivers shall receive a one- time payment of $100 each fiscal year. This certification payment shall be made on or after February 1 and each year thereafter for those employees who hold the License as of January 31st. This certification pay will not be considered special compensation and will not be reported to the California Public Employees’ Retirement System. Those employees receiving auto allowance are not eligible for this incentive.
SECTION 26: Bilingual Pay
The City has established a Bilingual Pay Program which compensates designated employees who provide translation to and from a foreign language and related services. Department heads will recommend which classifications and employees to be considered for bilingual pay, and the City Manager will approve assignment recommendations based on the customer services needs of the City.
Eligible employees will be required to pass a test that shall be administered by a qualified agency or individual. Employees who pass the test and are assigned to provide bilingual translation services will receive $100 per month as compensation. If the employee is reassigned to no longer provide bilingual translation services, the $100 bilingual pay will be discontinued and will not be paid in the following month. It should be noted that regardless of whether or not an employee is receiving bilingual pay, all employees having bilingual capability shall be expected to reasonably respond to non- English inquiries directed to them in their capacity as a City employee.
SECTION 27: Cell Phone Allowance
The City shall provide a cell phone allowance of $100 per month (24 pay periods per year) to Senior Management employees as designated by the City Manager.
The City Manager may designate employees in the role of Public Information Officer and Emergency Responders in the Management and Professional Supervisory Tier to receive a Cell Phone allowance of $100 per month (24 pay periods per year).
SECTION 28: Automobile Allowance
Senior Management/ At-Will Senior Management
Automobile allowance of $600 per month is provided to Senior Management employees, if a City vehicle is not provided. The City Engineer, Deputy City Engineer, Deputy Community Development Director, Deputy Development Services Director, Deputy Finance Director, Deputy Human Resources/Risk Management Director, Deputy Human Resources/IT Director and Deputy IT Director are in the Senior Management category, however do not receive the Automobile Allowance monthly payment.
Elected Officials
May select to receive an amount up to $600 per month as automobile allowance.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 29: Uniforms and Boot Reimbursement
Affected employees will receive eleven (11) sets of uniforms rented by the City. The City will pay for the cleaning of these uniforms.
In accordance with CalPERS regulations, any “Classic” employee required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall have the monetary value of the City-provided uniforms reported to CalPERS as special compensation. The monetary value is based on the pricing for the rental and maintaining (i.e. laundering) the eleven (11) sets of unif orms provided to each employee. The current monetary value that will be reported bi -weekly to CalPERS is $13.34; however, should a new contract between the City and a uniform vendor be approved, which results in a change to the monetary value, the new amount will be reported to CalPERS. The pricing will be specified in the contract between the City and the uniform vendor and will be adjusted accordingly when a change in the cost of renting and maintaining (i.e. laundering) of uniforms occurs. The uniform vendor contract will remain on file with the City Clerk’s office and is selected via a formal bid process.
In accordance with CalPERS PEPRA regulations, any “New Member” employees required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall not have the monetary value of the City-provided uniforms reported to CalPERS as special compensation.
In addition, each affected employee will be allowed reimbursement of up to $ 300 for boot purchases made during each fiscal year. A second pair of boots may be reimbursed in a fiscal year with the supervisor’s approval prior to the purchase. Affected employees must purchase boots which meet applicable requirements and specifications as set forth in the American National Standard for personal protection protective boot wear, Z41 1991 and must purchase the boots at a City approved store if the employee wants the store to bill the City directly.
Any portion of this reimbursement which is not used to purchase boots may be used to purchase boot accessories such as laces and inserts. Reimbursement for these expenses shall occur at the same time reimbursement occurs for boot purchases and the total shall not exceed the amount as stated above.
SECTION 30: Overtime Pay
A. Overtime Calculation
All employees required to perform in excess of forty (40) hours in a seven (7) day cycle or in excess of their regularly scheduled workweek, shall receive compensation at the rate of time and one -half his/her regular rate of pay.
In determining an employee's eligibility for overtime, the below listed paid leaves of absence shall be included in the total hours worked. Excluded are duty-free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid leaves of absence include the following:
Holiday Leave
Jury Duty
Bereavement Leave
The following will also be included in paid leave of absence:
Pre-approved (minimum 1 week notice) sick leave
Pre-approved (minimum 1 week notice) vacation leave
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek i n which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding the nearest quarter of an hour.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 30: Overtime Pay (Continued)
B. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of the duty time are considered as authorized.
An employee's failure to obtain prior approval may result in the denial of the overtime request.
Employees designated as professional/supervisory, management, or senior management are excluded from this provision.
SECTION 31: Compensatory Time Flexibility
In lieu of receiving overtime pay pursuant to this article, an employee may elect to receive compensatory time off on a time and one- half basis. No employee shall accrue more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate for all hours in excess of eighty (80) hours.
An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.
On June 30th of each year, all employees accrued compensatory time shall be paid down to zero and paid out in July.
Employees designated as professional/supervisory, management, or senior management are excluded from this provision.
SECTION 32: Out of Class and Acting Assignment Pay
Out-of-class pay may be provided to non-represented employees whenever the needs of the City make it necessary to require an employee to temporarily perform the duties of a higher classification. Situations where out-of-class pay may be necessary usually are due to a higher classification employee being on a leave of absence, medical leave, or other non -routine circumstances, or when a higher classification position is vacant. Generally, out -of-class pay is not provided to an employee while filling in for a higher classification for less than two workweeks or vacation and is not required for longer time periods.
The employee approved to receive out of class pay shall receive five percent (5%) or more salary than the salary (step) of his/her current salary, but in no case shall such salary exceeds the top step of the higher classification. The employee approved to receive out -of-class pay shall be eligible to receive merit increases in his/her regular position during the out -of-class pay assignment. Benefits will be calculated using the current base salary of the employee’s regular position during the out -of-class pay assignment. When the out-of-class pay assignment is ended, the employee will receive his/her original salary rate. Out -of-class pay must be requested by a department head and approved by the City Manager.
Acting assignment pay is for short -term assignments, special projects or specific purpose and/or programs which will terminate in a given period of time, usually six months or less. A non -represented employee approved for an acting assignment is being compensated for performing duties at a level higher than their current classification level. The acting assignment pay is five (5) percent or more salary than the salary step of his/her current salary, but in no case shall exceed twenty (20) percent.
The employee approved to receive acting assignment pay shall be eligible to receive merit increases in his/her regular position during the assignment. Benefits will be calculated using the current base salary of the employee’s regular position during the acting assignment pay assignment. When the acting assignment pay is ended, the employee will receive his/her original salary rate. Acting assignment pay must be requested in writing by the department head and approved by the City Manager.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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The City will follow the guidelines and rules as established by the California Public Employee Retirement System (CalPERS) law when reporting earnings for working out of class assignments.
SECTION 33: Stand-by Duty
Employees required to standby to handle overtime work which may arise shall be compensated at the rate of two hundred and eighty dollars ($2 80) per seven (7) day period. Effective July 2 , 2026 , employees shall be compensated at a rate of three hundred and fifty dollars ($350) per seven (7) day period.
Standby status is defined as time in which an employee can be reached by cell phone and be able to respond.
Standby time is considered special pay under the Fair Labor Standards Act (FLSA). Time compensated in this manner shall not constitute hours worked for purpose of FLSA; however, standby pay will be included in the overtime calculation should overtime be earned in the work week.
If an employee is called while on standby and is eligible for overtime , the actual time worked shall be compensated as hours worked and rounded to the nearest quarter of an hour.
SECTION 34: Promotions and Step Placement
Any promotion requires a one (1) year probationary period. Once an employee receives regular full-time status at a position and then is promoted, the employee may not be terminated in the event they are unable to successfully fulfill the requirements of the position promoted to but may be reassigned to an equivalent position within the organization in which they served prior to being promoted.
Upon promotion, the employee will receive a minimum of five percent (5%) salary increase or the beginning of the classification range, whichever is greater.
The City Manager is authorized to change an employee’s step to a higher step on the employee’s position classification range in recognition of special accomplishments, retention, or any other circumstances which merit an increase in salary.
SECTION 35: Outside Employment
It is the policy of the City of Hesperia to allow employees to hold a second job as long as the second job does not present a conflict of interest to their position with the City. In addition, it is required that a second job be reported to the Management Services Department.
SECTION 36: Smoking
The City has a no smoking policy to include all tobacco products, including e- cigarettes, vapors exhalants, etc,. Employees are prohibited from use of products in all City buildings including passenger vehicles and equipment owned or leased by the City. Use of the products will also be prohibited within 20 feet of all vehicles, equipment and entrances, exits, operable windows and ventilation ducts of City buildings.
SECTION 37: Employer/Employee Relations
The City has an Employer/Employee Relations Resolution adopted which provides the guidelines for forming recognized Employee Associations. (See Resolution No. 90-37)
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 38: Disciplinary Appeals
This Advisory Arbitration Provision amends the City of Hesperia Personnel Rules and Regulations, Rule XI, “Appeal Procedures,” by deleting all current text on Pages 60 and 61, and substituting the following language:
Appeal Procedures
Any permanent employee in the classified service shall have the right to appeal any termination, suspension of forty (40) hours or more, reduction in salary, or non- probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal process shall not be applicable to verbal and written reprimands, suspensions of less than forty (40) hours, probationary demotions, performance evaluations and denial of merit increases. An employee desiring to appeal the appointing authority's decision shall have ten (10) calendar days after receipt of the response to file an appeal. The employees request for appeal must be addressed to the Director of Administrative Services and received in the Human Resources Division so that same is date stamped by the Human Resources Division within the ten (10) day period.
If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless good cause for failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an appeal hearing shall be established as follows:
A. The American Arbitration Association shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall meet to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lots) until one (1) name remains, and that person shall be the hearing officer.
B. Where practicable, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of filing of the appeal with the Director of Administrative Services. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing.
C. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of party, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officers.
E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence , but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 38: Disciplinary Appeals (Continued)
F. Each party shall have their rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross -examine opposing witnesses on any matter relevant to the issues , even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined -as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
G. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
H. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence.
He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing.
The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
I. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend for discipline more stringent than that issued by the department head.
The hearing officer's opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee and the Director of Administrative Services, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 38: Disciplinary Appeals (Continued)
J. Within thirty (30) days of the receipt of the hearing officer's findings and recommendation, and transcript (which is optional only by the mutual consent of the City and the employee), whichever date is later, the City Manager, or his/her designee, shall adopt, amend, modify, or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Manager, or his/her designee, shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision which supports the hearing officer, the City Manager, or his/her designee, shall not conduct a de novo hearing. The City Manager, or his/her designee, may, at his/her option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Manager, or his/her designee, shall be final and conclusive. Copies of the City M anager's or his/her designee's decision, including the hearing officer's recommendation(s), shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager.
K. The decision of the City Manager, or his/her designee, shall be final and conclusive. Copies of the City Manager's, or his/her designee's decision, including the hearing officer's recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager, or his/her designee.
L. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee.
M. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Manager, or his/her designee, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.
N. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
Appeals of Suspensions Less Than Forty (40) Hours
A permanent employee shall have the right to appeal a suspension less than forty (40) hours in the following manner:
1. The appointing authority shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the appointing authority of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within five (5) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the appointing authority.
2. If within the five -day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 38: Disciplinary Appeals (Continued)
3. If within the five -day appeal period the employee involved files such notice of the appeal by giving written notice of appeal to the appointing authority, a time for an appeal hearing before the City Manager, or his/her designee, shall be established. The date for a hearing shall not be less than ten (10) days, nor more than thirty (30) days, from the date of the filing of the appeal, unless the
4. parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.
5. The City Manager, or his/her designee, shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position.
These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party's expense.
Within ten (10) working days after the conclusion of the hearing, the City Manager, or his/her designee, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
SECTION 39: Layoffs
Amend City of Hesperia Personnel Rules and Regulations (9/15/88), Rule VIII, Section 3, Reduction in Force by Layoff, by deleting all current text on Page 49 and substituting the following language.
A. Advance Notice. Employees separated by reason of a reduction in force shall be given at least 30 days prior notice of separation and the reasons therefore. If one or more employee to be separated is represented by a duly recognized employee organization, the City will, on request, meet with such organization concerning the impact of the layoff.
B. Bumping. An employee whose position has been abolished and who would be laid off shall have the right to "bump" into a classification the employee previously held with the City if such position receives the same or lower salary, and is determined by the City Manager or designee to be qualified for such position at the time, based upon the applicable job description.
C. Offer of Reassignment. An employee's appointment shall not be terminated as a result of a reduction in force procedure before the employee has been made a reasonable offer of reassignment, if such offer is possible.
D. Offer of Vacant Position. An employee whose position has been abolished and who would otherwise be laid off shall be offered the opportunity to transfer, without examination, to any then currently existing vacant position with the same or lower salary if the employee meets the minimum qualifications for such position, as determined by the City Manager or designee based upon the applicable job description and new application. If two or more employees are eligible for appointment to a vacancy, the criteria set forth in the paragraph entitled Order of Separation shall be applied to determine which employee shall be offered the vacant position.
E. Laid Off Employee on Reemployment Register . The names of regular employees who have been laid off due to reduction in force shall be placed on an appropriate lay off reemployment list according to date and order separated and shall be eligible for reemployment.
EXHIBIT A
NON-REPRESENTED EMPLOYEES’ COMPENSATION AND BENEFIT PLAN
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SECTION 39: Layoffs (Continued)
Each employee on a lay off reemployment list shall remain on that list for one (1) year. Employees whose name appears on a lay off reemployment list shall be considered for reemployment in the class from which the employee was laid off prior to using any other available employment eligible list to fill regular vacancies in the subject class. The Personnel Officer can extend the active period of reemployment lists or individual employees eligibility on such lists for six (6) month periods as he/she determines to be in the best interest of the City.
1. Notice. The City will notify, by certified mail to the laid off or displaced employee's last known address, of all vacancies for which the employee is eligible for employment under this provision. Such notice shall be given for all such positions which arise for one (1) year from the date of layoff or displacement. A laid off or displaced employee who fails to report for appointment within two (2) workweeks of notice shall be deemed to have rejected appointment and shall be automatically removed from the reemployment register list.
2. Reappointment. An employee who is laid off or displaced to a lower classification under this provision shall be entitled to automatic appointment to any vacant position from which he/she was laid off or displaced or for which he/she is qualified if such employee reports for duty on receiving notice. Appointments shall be made in the reverse order of layoffs, that is, the last laid off shall be the first offered reappointment.
F. Order of Separation.
Selection for retention shall be based primarily upon seniority of service with performance being taken into account.
While seniority is the primary factor in determining order of separation, it is not in and of itself the only determining factor.
Therefore, this policy does not preclude the retention of members which have less seniority to other members within the class for which the reduction in force action may be taken. The following criteria shall be considered in evaluating performance:
1. The employee's written performance evaluations.
2. The history of an employee's written disciplinary actions.
3. The employee's written record of attendance including patterns of sick leave usage, tardiness and unexcused absences.
All newly hired employees serving an initial probationary period, part -time, temporary, seasonal, or emergency employees, in classifications affected by layoff, shall be laid off before any permanent employee is laid off.