This chapter shall be known as the "Employee Benefits Ordinance
of the City of Santa Barbara."
(Ord. 3655 §1, 1974)
means those full-time probationary and regular employees in the constituent job classifications of the "Fire Employees Bargaining Unit" as such unit is recognized by the City Administrator pursuant to Section 3.12.090 of the municipal code.
means those full-time probationary and regular employees of the City in the constituent job classifications of the "general employees bargaining unit" as such unit is recognized by the City Administrator pursuant to Section 3.12.090 of the municipal code.
means City officers, department heads, and other employees
designated as management employees by the City Administrator pursuant
to Section 3.04.230.A.
means work in excess of the work week provided in Section 3.08.030.
means those full-time probationary and regular employees in the constituent job classifications of the "Police Employees Bargaining Unit" as such unit is recognized by the City Administrator pursuant to Section 3.12.090 of the municipal code.
(Ord. 3655 §1, 1974)
Full-time employees shall work a minimum of 40 hours per seven
day week, except members of the Fire Department, whose standard duty
week shall be as follows:
|
Through June 30, 1975
|
58.8 on-duty shift hours when averaged over a 1-year period.
|
|
July 1, 1975 - June 30, 1976
|
57.4 on-duty shift hours when averaged over a 1-year period.
|
|
July 1, 1976 and thereafter
|
56 on-duty shift hours when averaged over a 1-year period.
|
(Ord. 3655 §1, 1974)
A department head or division head may require any employee
in his or her department or division to work overtime for more than
the regular number of hours in an assigned work day or week when public
necessity or convenience requires such work.
(Ord. 3655 §1, 1974)
A.
General
Employees:
1.
Whenever cash payment for overtime is mandated by the Federal Fair Labor Standards Act or any other similar statute applicable to the City of Santa Barbara, general employees, except those covered by subsection D of this section, who work more than 40 hours in any seven day or 168 hours work week shall receive overtime compensation by cash payment at the rate of 1-1/2 times their regular salary or wage.
B.
Public Safety Employees: Police Department and Fire Department employees not covered by subsection C of this section who work overtime shall be compensated by the following:
C.
Management
Employees: Management employees shall not be entitled under this section
to any compensation for overtime work.
D.
Employees
Exempted from the Overtime Provisions of the Fair Labor Standards
Act: Employees designated by the City Administrator as exempt from
the overtime provisions of the Federal Fair Labor Standards Act shall
receive the following compensation for overtime work:
(Ord. 3655 §1, 1974; Ord. 3719 §3, 1975)
Except as provided in Section 3.08.050 compensatory time off shall be earned and accumulated, and may be taken off at a straight time rate at the discretion of the employee's department head.
(Ord. 3655 §1, 1974)
Except as provided in Section 3.08.060, no employees shall receive cash payment for overtime work unless said payment has been first authorized by the City Administrator pursuant to this section. To request authorization from the City Administrator to pay employees for overtime, the department head must notify the City Administrator in writing of the reasons requiring overtime, the members and titles of positions affected, and the probable period of time the overtime will be worked. The request must be made before the overtime is worked. Such paid overtime shall be at a straight time rate.
(Ord. 3655 §1, 1974)
A.
General
Employees. When any general employee is officially designated by the
department head to remain available to return to work, at any time
during specific hours outside of normal working hours, the employee
shall receive two hours of straight time or compensatory time off
for each eight hours on stand-by, or fraction thereof.
B.
Police
Department Employees. When a Police Department employee is on officially
designated stand-by duty and such designation is made at least 48
hours prior to commencement of that duty, the employee shall receive
one hour of pay for eight hours of duty or fraction thereof. When
the stand-by assignment is made within 48 hours of the commencement
of the duty, the employee shall receive two hours of pay for eight
hours of duty or fraction thereof. Such pay shall be at straight time
and shall be paid or taken as compensatory time at the discretion
of the Chief of Police.
(Ord. 3655 §1, 1974)
Full-time employees, other than temporary employees, shall be
entitled to accrue and receive vacation with pay in accordance with
the following schedule:
A.
Officers,
department heads, acting department heads and such other management
personnel as designated by the City Administrator pursuant to Section
3.04.230 of the municipal code:
|
Length of Continuous Service
|
Vacation Entitlement
|
|---|---|
|
0 through 3rd year
|
4.6 hours per complete biweekly pay period of service rendered.
|
|
4th and 5th years
|
6.2 hours per complete biweekly pay period of service rendered.
|
|
6 years and over
|
7.7 hours per complete biweekly pay period of service rendered.
|
At least 40 hours of said vacation shall be taken every six months or shall be lost. If conditions prevent such usage, the City Administrator may approve the accumulating of said 40 hours subject to the limitation provided in Section 3.08.120.
B.
For
other employees designated as "Management" pursuant to Section 3.04.230
of the municipal code:
|
Length of Continuous Service
|
Vacation Entitlement
|
|---|---|
|
0 through 3rd year
|
3.1 hours per complete biweekly pay period of service rendered.
|
|
4th and 5th years
|
4.6 hours per complete biweekly pay period of service rendered.
|
|
6th through 10th years
|
6.2 hours per complete biweekly pay period of service rendered.
|
|
11 years and over
|
7.7 hours per complete biweekly pay period of service rendered.
|
C.
For
sworn firefighters not designated as "Management" pursuant to Section
3.04.230 of this title working shifts in excess of 40 hours per week:
|
Length of Continuous Service
|
Vacation Entitlement
|
|---|---|
|
0 through 9th year
|
11 working shifts per calendar year.
|
|
10 years and over
|
17 working shifts per calendar year.
|
D.
Police Department employees shall be entitled to accrue and receive vacation with pay in accordance with the schedule provided in subsection E below.
E.
General
employees shall be entitled to accrue and receive vacation with pay
according to the following schedule:
|
Length of Continuous Service
|
Vacation Entitlement
|
|---|---|
|
0 through 5th year
|
3.1 hours per complete biweekly pay period of service rendered.
|
|
6th through 10th year
|
4.6 hours per complete biweekly pay period of service rendered.
|
|
11th through 24th year
|
6.2 hours per complete biweekly pay period of service rendered.
|
|
24 years and over
|
7.7 hours per complete biweekly pay period of service rendered.
|
F.
Prior
continuous service of any persons presently employed by the City shall
be taken into account in computing vacation entitlement as provided
in this section.
(Ord. 3866, 1976)
Vacation shall be scheduled by the department head to provide
adequate staffing. Such scheduling shall be subject to the needs of
the City, but shall take into account employee seniority and choice.
(Ord. 3655 §1, 1974)
In the event that an employee of the City is required by a court
of competent jurisdiction to perform jury duty and that requirement
causes the employee to be away from his or her regularly assigned
work schedule, said jury duty shall be considered leave with pay without
interruption of service on the condition that the employee pay to
the City Treasurer all compensation he or she receives for the jury
duty.
Responsibility for proper administration of this section shall
rest with the department head.
(Ord. 3850 §1, 1976)
A.
Separation.
An employee separating from the service of the City for any reason
shall receive all compensation which may be due and owing to him or
her, including all unused accrued vacation time.
B.
Death.
In case of the death of an employee, the employee's estate shall be
paid all compensation, including any unused vacation time, which may
be due and owing.
(Ord. 3655 §1, 1974; Ord. 5413, 2007)
In the event that one or more municipal holidays shall fall
within a vacation leave, and the officer or employee is entitled to
and eligible for such holidays, the days shall not be charged against
accrued vacation leave and the leave shall be extended accordingly.
Any officer or employee who is compelled by the nature of the duties
involved to work on any holiday for which the officer or employee
is eligible, shall receive compensating time off on a day or days
which would normally constitute a working day for that officer or
employee.
(Ord. 3655 §1, 1974)
Vacation time accrued during any calendar year may be accumulated,
but must be used in the following calendar year or is lost. Provided,
however, that accumulated vacation time, not exceeding an aggregate
total of 160 hours, may be carried over beyond the end of calendar
years following the year of its accrual with the written approval
of the department head and the City Administrator. Such approval shall
be recorded in the personnel file of the officer or employee concerned.
Fire Department employees shall be entitled to carry over 20 days
of vacation under the procedure provided above.
(Ord. 3655 §1, 1974; Ord. 3866, 1976)
A.
The
following days are declared to be legal holidays for all full-time
employees in the City service, other than sworn Police personnel and
Police Department employees designated by the Chief of Police:
1.
January
1st.
2.
February
12th.
3.
The
third Monday in February.
4.
The
last Monday in May.
5.
July
4th.
6.
The
first Monday in September.
7.
September
9th.
8.
The
second Monday in October.
9.
November
11, known as "Veteran's Day."
10.
December 25th.
11.
Every day on which an election is held throughout the State.
12.
The Thursday in November appointed as Thanksgiving Day.
B.
If January
1st, February 12th, July 4th, September 9th, November 11th or December
25th falls on a Sunday, the following Monday shall be observed as
a holiday.
C.
If any
of the above holidays falls on a Saturday, the preceding Friday shall
be observed as a holiday for all employees other than Fire Department
employees and those Police Department employees designated below.
D.
Sworn
police personnel and Police Department personnel designated by the
Chief of Police shall observe one day per month, scheduled in advance,
as a holiday. Such days shall be designated in advance by the Chief
of Police, bearing in mind first the needs of the City and then the
desire of the employee.
E.
An employee,
other than a sworn Fire Department employee or Police Department employee
designated above, whose regular day off falls on a day which is celebrated
as a holiday by other employees shall be entitled to equivalent time
off to be determined by the department head for the holiday and the
regular day off. Any such employee whose regular work day falls on
a holiday which is not observed by other City employees would not
be entitled to such holiday time off.
F.
All
of the above mentioned holidays shall be observed by the closing of
all municipal offices, provided that these offices shall be made available
for any necessary stand-by or emergency employees required to work
on any such holiday.
G.
When any of the aforementioned holidays fall on Saturday, or Sunday, no temporary employee shall receive payment for such holiday unless he or she works on such day and in that event he or she shall be paid regular full-time straight salary or receive time off equivalent to such day. All City employees on a monthly rate shall receive equal number of holidays as set forth above. Work on any of the aforementioned holidays by employees paid on a monthly basis shall be overtime and such employees shall receive straight time pay or equivalent time off for such work in a manner consistent with Section 3.08.050. Such equivalent time off shall be taken at such time as may be mutually agreed upon by such employee and his or her department head, provided such equivalent time off must be taken at the earliest practicable time following such holiday, and further provided that any such equivalent time off must be taken prior to the end of the next succeeding calendar year.
(Ord. 3655 §1, 1974; Ord. 3692, 1974)
A.
All
City employees, other than Fire Department employees, shall accrue
3.7 hours of sick leave at full salary for each complete biweekly
pay period.
B.
Fire
Department employees shall accrue sick leave in the amounts and at
the percentages of full salary in accordance with the following schedule:
Percentage of Compensation:
|
(a)
|
After four months of continuous service, sick leave not exceeding
one week at
|
75%
|
|
(b)
|
After one year of continuous service, sick leave not exceeding
two weeks at
|
100%
|
|
(c)
|
After two years of continuous service, sick leave not exceeding
three weeks, the first two weeks at
|
100%
|
|
And a third week at
|
65%
|
(Ord. 3655 §1, 1974; Ord. 3866, 1976)
A.
All
City employees shall be credited with such full salary (100%) sick
leave as shall remain to the employee's credit on the last day of
each calendar year. For all City employees, excluding Fire Department
employees, such accumulated sick leave shall not exceed a total of
720 hours and is replenishable. For Fire Department employees, such
accumulated sick leave shall not exceed a total of 90 days and is
replenishable.
B.
After
five years of continuous service, an employee, except Fire Department
employees, may accumulate additional sick leave at the rate of 16
hours at full salary for each additional year of continuous service,
provided such accumulation shall not exceed 240 hours, and is not
replenishable. After five years of continuous service, Fire Department
employees may accumulate additional sick leave at the rate of two
days at full salary for each additional year of continuous service,
provided such accumulation shall not exceed 30 days and is not replenishable.
(Ord. 3655 §1, 1974; Ord. 3866, 1976)
A.
B.
Sick leave authorized for other employees pursuant to the provisions of Section 3.08.140 of this chapter shall be allowed in the following order:
C.
All
individuals employed by the City prior to January 1, 1974, shall be
credited, as of said date, with all sick leave accrued and unused
during the 1973 calendar year.
(Ord. 3655, 1974)
A.
No sick
leave payment shall be made except after satisfactory evidence of
illness covering the period of absence has been accepted and approved
by the head of the department in which the absentee is employed. If
any officer or employee, other than Fire Department employees, is
absent from work for more than 24 working hours on sick leave, he
or she shall present to his or her department head a statement from
a physician attesting to the fact that such absence was necessary
because of said sickness. The statement shall be permanently filed
by the department head. Fire Department employees shall be required
to present a physician's statement when absent from work on sick leave
for more than two consecutive 24-hour working shifts.
B.
Under
no circumstances is sick leave to be used in lieu of or in addition
to, or as vacation.
C.
Responsibility
for proper administration of this chapter shall rest with each department
head and improper use of sick leave benefits shall be cause for employee
dismissal from the City service.
(Ord. 3655 §1, 1974; Ord. 3866, 1976)
Where an illness is continuous and extends from one calendar
year into the next, the employee shall be entitled to complete the
period of sick leave to which he or she was entitled at the commencement
of such illness.
(Ord. 3655 §1, 1974)
Vacation time and sick leave time may be combined in case of
exceptional illness of any employee in the discretion of the department
head or City Administrator.
(Ord. 3655 §1, 1974)
A.
In case
of death of a member of an employee's immediate family, the employee
shall be granted three working days leave with pay. The employee shall
be eligible to receive two additional days leave with pay, up to a
maximum of five days, subject to the approval of the department head.
Employees of the Fire Department assigned to shift work shall be granted
leave not to exceed two shifts off with pay.
B.
Immediate
family is defined as mother, father, brother, sister, spouse, child,
grandparents by blood or marriage, mother-in-law, father-in-law, brother-in-law,
sister-in-law, daughter-in-law, son-in-law or person standing in loco
parentis.
C.
The
intent of bereavement leave is to provide employees with adequate
time to be with their immediate family during a period of anguish,
whether it be at the time of death, preparation of funeral arrangements
and/or to attend a funeral.
D.
Responsibility
for proper administration of this section shall rest with each department
head.
(Ord. 3655 §1, 1974)
Whenever any person entitled to benefits under the provisions of Sections 3.08.140 through 3.08.190 shall have been in the service of the City continuously for five years or more, upon his or her written application approved by his or her department head or the City Administrator and accompanied by a report from a medical doctor, stating the extent and nature of the illness of the applicant and approximate time required for recovery, the City Administrator may grant to such person an extra leave of absence because of illness in addition to that provided by Sections 3.08.140 through 3.08.190. Such leave of absence shall be in accordance with the following schedule:
|
Service in Years, Active and Continuous
|
Maximum Number of Months of Extra Leave Allowable
|
|---|---|
|
5 - 10
|
3
|
|
10 - 15
|
6 (including the above 3)
|
|
15 - 20
|
9 (including the above 6)
|
|
20 plus
|
12 (including the above 9)
|
During such period of extra leave, such person shall receive
an amount equal to 50% of his or her regular salary or wages.
(Ord. 3655, 1974)
Job abandonment means that an employee fails to report for work at the beginning of a scheduled workday and does not obtain authorization for the absence which continues for three or more consecutive scheduled full workdays. The City shall attempt to contact the employee and/or emergency contact no less than three times during the unauthorized absence to ascertain the employee's status. Job abandonment is considered automatic resignation from City employment, as of the last date on which the employee worked. When mitigating or aggravating factors exist, an employee resigned under this section may request reinstatement to employment in writing to the Human Resources Director within 15 calendar days of the date the employee last worked and upon good cause shown. Good cause for reinstatement may include medical emergency or family medical leave reported after the fact because leave is not foreseeable and/or notification not feasible, arrest, or mental or physical impairment, or other cause that prevented the employee from reporting to work or notifying the City. Any employee reinstated shall not be paid salary or benefits for the period of his or her absence or separation or for any portion thereof, however, any employee reinstated will be allowed to use existing leave banks for time missed. Final payout will not occur until the reinstatement appeal period has passed. Any employee reinstated under this section shall not constitute re-employment under Section 3.16.320 nor be construed as a break or interruption in service. No employee separated for job abandonment has the right to a post-separation appeal including a hearing by the Board of Civil Service Commissioners under Section 1007 of the City Charter.
(Ord. 6023, 2021)
Where sickness or injury is sustained in the course of employment
with the City, such officer or employee shall be compensated under
the provisions of the Workers' Compensation Insurance and Safety Act
of the State and not under the provisions of this chapter; provided,
however, that if during the first three calendar days of necessary
absence for such cause, the disabled person shall be qualified for
and receive payments under the above-mentioned act, he or she shall
also receive from the City a sum which, when added to the disability
payment under the aforesaid act, shall make a total equal to the full
salary of such officer or employee at the time of his or her injury.
However, if during the first three day period he or she does not qualify
for disability payments under the Act, such officer or employee shall
receive 100% of his or her salary or wages for that period. If said
absence is subsequently determined not to have been sustained in the
course of employment with the City, it shall be charged against the
employee's accumulated sick leave. Such benefit shall accrue for each
such disability but shall not entitle a person to more than one week's
pay in cases of recurring disability from the same cause; it is further
provided that in the event any employee sustains such illness or injury
from the performance of duties within the scope of his or her employment
with the City, he or she shall also receive from the City during such
disability for an additional period not exceeding 12 months for policemen
or firemen, and not exceeding three months for other full-time employees,
in addition to the disability payment payable under the Workers' Compensation
Insurance and Safety Act of the State, a sum which, when added to
the disability payment payable under the aforesaid act shall make
a total equal to the full salary of such employee at the time of his
or her injury; provided, however, that when any such employee shall
be retired from active service or employment because of such disability,
then in such event, the provisions of this chapter shall not apply
and such person shall be entitled only to the benefits set forth in
the City Charter.
(Ord. 3655, 1974)
Where an officer or employee is absent from the duties of his or her position because of vacation or illness and receives any moneys whatsoever from the City pursuant to the provisions of this chapter, such sums shall be paid from moneys appropriated for the payment of the salary or wage of the position such person fills. The position of an officer or employee who is absent on an approved leave which shall include, but not be limited to, sick leave, vacation, or leave without pay shall be considered filled for the duration of such approved leave. Notwithstanding the above, where an officer or employee is absent from the duties of his or her position because of an industrial injury or illness and he or she has exhausted his or her leave rights under Section 4850 of the Labor Code of the State of California and is receiving benefits pursuant to Section 21025.2 of the Government Code of the State of California prior to the effective date of retirement, his or her position shall be considered vacant and may be filled by the appointing authority pursuant to Chapter 3.16 of this title.
(Ord. 3925, 1977)
A leave of absence without pay may be granted to any officer
or employee of the City by appointing officer or board; provided,
that in the event such leave be requested for a longer period than
seven calendar days, such request in all cases shall be presented
to and approved by the City Administrator before it may be granted.
(Ord. 3655 §1, 1974)
For the purpose of computing continuous service, leaves of absence
on account of illness whether with or without pay shall not be construed
as a break or interruption in service. Other leaves of absence or
layoffs on account of lack of work or funds or other reasons totaling
in excess of 90 consecutive calendar days shall be construed as breaking
continuous service.
(Ord. 3655, 1974)
Each official or employee, other than the Mayor and City Councilmembers
using any vehicle not owned by the City, for transportation purposes
in the proper discharge of his or her duties as such official or employee,
shall be allowed and shall receive a transportation allowance in addition
to compensation paid such official or employee as salary or wages.
Said allowance shall be established by resolution of the City Council.
(Ord. 3655, 1974; Ord. 3931, 1977; Ord. 4047, 1980)
A.
Due
to increased and increasing activity by the Mayor and City Councilmembers
in the local pursuit of public business requiring the use of automotive
vehicles, it is deemed that such use by said elected officials of
City-owned vehicles for City business is a justifiable utilization
of public property. A study of relative costs by the City's financial
staff indicates that the cost of providing such City-owned vehicles
to the Mayor and Councilmembers for local use, however, would appreciably
exceed the cost of fair and reasonable reimbursement to said elected
officials for such portion of their use of privately owned vehicles
as is devoted to duties on behalf of the public.
B.
Pursuant
to Section 502 of the Charter of the City of Santa Barbara, therefore,
the Mayor and each Councilmember is entitled to a vehicle allowance
to cover the routine and ordinary costs, including mileage and depreciation,
of operating privately owned automotive vehicles in the necessary
local performance of public duty. The vehicle allowance shall be paid
to the Mayor and each City Councilmember monthly by the City. The
base monthly vehicle allowance for the Mayor will be $405.00 per month
and for Councilmembers will be $280.00 per month. Said vehicle allowances
will henceforth be indexed, on a percentage basis, with changes in
the standard mileage rate as established by Internal Revenue Service
(IRS) regulations. Therefore, when the IRS increases the mileage reimbursement
rate, the monthly vehicle allowance will be adjusted upward or downward
by an equal percentage.
C.
Payments
made pursuant to this section are hereby determined to constitute
reimbursement for actual costs and expenses incurred in the official
and regular discharge and performance of duties pertaining to City
business. No such payment shall be deemed to represent compensation,
salary, allowance, bonus, or any other form of payment for the rendering
of personal services on behalf of the City.
(Ord. 3655, 1974; Ord. 4047, 1980; Ord. 4276, 1984; Ord. 4324, 1985; Ord. 4612, 1990)
Mileage claims authorized by Section 3.08.260 shall be duly presented and filed each month for mileage of the preceding month.
(Ord. 3655, 1974)
Prior to the use by any official or employee, other than the
Mayor and City Councilmembers of the City of an automobile, allowance
for which is to be paid for as provided by this chapter, there shall
first be certified to such official or employee by the City Administrator,
written authority to use an automobile in the performance of such
official's or employee's duties as an official or employee of the
City and to receive the transportation allowance therefor provided
for by this chapter and a copy of such written authority shall be
upon the issuance thereof by the City Administrator filed with the
City Auditor and with the City Treasurer.
(Ord. 3655, 1974)
Each official or employee, other than the Mayor and City Councilmembers,
receiving the allowance provided for by this chapter shall keep records
of the mileage allowed by this chapter in such a way as to enable
verification thereof being made.
(Ord. 3655, 1974)
No official or employee of the City using an automobile as allowed
by this chapter shall receive from the City any other allowance for
compensation for such use than that provided by this chapter, except
that the City may reimburse up to a maximum of $100.00 for repair
expense incurred by the official or employee when a privately owned
vehicle is damaged by collision or receives other accidental damage
subject to the following conditions:
A.
Vehicle was used with the written permission or authorization of the City Administrator under Section 3.08.280 of this code.
B.
The
amount claimed is actual loss to the official or employee because
it is not recoverable either directly from or through the insurance
coverage of any of the parties involved in the accident.
C.
Claim
is presented within 100 days of date of accident.
(Ord. 3655, 1974; Ord. 3714, 1974)
Any and all employees of the City of the different departments
thereof, who in the regular course of their employment, handle funds
belonging to the City shall give a bond to the City.
(Ord. 3655, 1974)
The following named officers of the City shall give bonds in
the following amounts:
|
City Administrator
|
$ 5,000.00
|
|
City Treasurer
|
100,000.00
|
|
Director of Finance
|
100,000.00
|
|
City Attorney
|
5,000.00
|
|
City Clerk
|
5,000.00
|
|
Chief of Police
|
5,000.00
|
|
Public Works Director
|
5,000.00
|
(Ord. 3655, 1974; Ord. 3714, 1974)
Temporary, part-time or seasonal employees paid on an hourly basis are excluded from the provisions of Sections 3.08.080 to 3.08.120 inclusive.
(Ord. 3655, 1974)
In accordance with the provisions of the City Charter, the Mayor,
members of the City Council, the City Administrator, and any member
of an appointed board or commission of the City shall have his or
her permanent residence within the City, except as otherwise provided
in this code.
(Ord. 3655, 1974)
For the purpose of this chapter the words "permanent residence"
shall be deemed to be that place where the officer or employee maintains
his or her home for him or herself and his or her family, and from
which he or she has no present intention of removing or to which he
or she has a general intention to return from any temporary location.
(Ord. 3655, 1974)
