Section
4.169 Overtime.
4.170 Premium Pay for Members Possessing Bilingual Skills.
Sec. 4.168. Regular Hours of Work.
SECTION HISTORY Based on Ord. No. 89,935.
Amended by: Subsec. (c), Ord. No. 128,485; Subdiv. (1), Subsec. (a), Ord. No. 137,042; Subdiv. (2), Subsec. (u), Ord. No. 137,490; Subsec. (b), Ord. No. 137,490; Subsec. (a), Subdiv. (1), adds second para., Ord. No. 140,487, Eff. 6-2-70; Subsec. (a), Subdiv. (1), first para., Ord. No. 140,780, Eff. 7-31-70; Subsec. (b), Subdiv. (1), adds third para., Ord. No. 144, 073, Eff. 11-10-72; Subsec. (b), Subdiv. (1), first para., Ord. No. 146,399, Eff. 7-31-74.
Repealed by Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.169. Overtime. (a) (None) (b) (None) (c) (None) (d) (None) (e) (None) (f) (None)
(g) Records of Overtime. Each department shall furnish the Controller a detailed record of overtime which is worked or compensated for in time off. The record shall include the name of the employee, the class, the dates and hours of overtime worked and the dates and hours when overtime is taken off. The Controller shall maintain for each department the balance of time remaining to be taken off.
(h) Certificate of Authorization. The payroll upon which any payment for overtime is shown as provided herein shall be accompanied by a certificate executed by the general manager wherein such overtime was worked, which certificate shall show the authority therefor and the fact that such overtime was ordered in the best interest of the city.
(i) Termination of Employment. Whenever an employee resigns, retires, or is discharged from the department in which he is employed he shall be paid in cash for all overtime compensation due him.
(j) Payment for Overtime on Death of an Employee. In case of death of an employee, who, at the time of his death, has overtime credits due him, payment for such overtime credits shall be made in the same manner prescribed by Section 4.173 of this chapter.
(k) Effect of Overtime for Pension Purposes. For the purposes of Sections 1300 et seq. and of Sections 1400 et seq. of the City Charter, a member’s credit for overtime work shall be reduced:
1. By any period of time off with pay which he shall have taken for any such overtime work; and
2. By any period of time which the Board of Pension Commissioners, for any such overtime work for which he shall have received a cash payment, shall have credited as part of his years of aggregate service pursuant to the provisions of Section 1326 of the City Charter or as part of his years of service pursuant to the provisions of Section 1432 of the City Charter.
Based on Ord. No. 89,935.
Amended by: Subsec. (c), Ord. No. 135,557; Subsecs. (b) – (e), Ord. No. 137,042; Subsec. (a), first para., Ord. No. 138,460, Eff. 4-7-69; Subsecs. (a), (e), Ord. No. 140,820, Eff. 8- 21-70, Oper. 1-1-71; Subsecs. (e), (g), Ord. No. 141,335, Eff. 12-17-70; Subsecs. (a), (e), repeals Ord. No. 140,820, Ord. No. 141,416, Eff. 12-30-70, Oper. 1-1-71; Subsec. (e), Ord. No. 141,999, Eff. 5-7-71; Subsec. (e), Ord. No. 142,032, Eff. 6-21-71; Subsec. (c), Ord. No. 144,073, Eff. 11-10-72; Subsec. (f), second unnumbered para. added, Ord. No. 151,927, Eff. 2-1-79; Subsec. (f), Ord. No. 153,219, Eff. 1-12-80; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsecs. (a) through (f) repealed, Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.170. Premium Pay for Members Possessing Bilingual Skills.
(a) Whenever the chief administrative officer of the Fire Department or the Police Department determines that it is necessary or desirable that a position be filled by a person that is able to converse fluently in a language other than English, or speak, write and interpret a language other than English, he shall transmit to the Controller a written statement approving payment of a bilingual premium as provided by this section, to the member occupying such a position and possessing such bilingual skills.
(b) After authorizing payment of a bilingual premium, the chief administrative officer of the Fire Department or the Police Department shall certify to the Controller the name of any member eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the employee has qualified under its standards of fluency and proficiency for said language.
(c) Members employed in such positions and certified as being qualified by the Personnel Department shall receive as special pay a bilingual premium of 2 3/4 percent of their salary or wages for duties requiring that they converse fluently in a language other than English, or one salary schedule for duties requiring that they interpret and write a language other than English, in addition to conversing fluently in that language.
(d) After authorization for the payment of a bilingual premium has been obtained, the chief administrative officer of the Fire Department or Police
Department shall certify to the Controller the name of any member eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the member has qualified under its standards of fluency and proficiency for said language.
SECTION HISTORY Added by Ord. No. 144,850, Eff. 4-4-73.
Amended by: Ord. No. 145,929, Eff. 5-14-74, Oper. 5-26-74; In Entirety, Ord. No. 155,161, Eff. 6-7-81; Subsec. (a), (b), (c), Ord. No. 158,612, Eff. 2-17-84; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 6
VACATIONS, LEAVES
Section
4.174 Cash Payment – Certain Military Leaves. 4.175 Military Leave with Pay.
4.176 Allowance of Sick Leave with Pay for Illness or Injury Not Sustained in Course of Employment Accumulation. 4.176.1 Allowance for Leave for Pregnancy
4.177 Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties.
Sec. 4.172. Vacation Leave With Pay.
SECTION HISTORY Based on Ord. No. 89,935.
Amended by: Ord. No. 106,560; Subsec. (d) added Ord. No. 138,460, Eff. 4-7-69; Subsec. (b), Ord. No. 140,689, Eff. 7-15-70; Subsec. (e), added, Ord. No. 141,335, Eff. 12-17-70; Subsecs. (c) and (d), Ord. No. 143,444, Eff. 6-20-72; Subsecs. (a), (b), (e), (f), Ord. No. 146,826, Eff. 12-30-74; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.173. Cash Payment upon Separation.
SECTION HISTORY Based on Ord. No. 89,935.
Amended by: Ord. No. 93,221; Ord. No. 143,444, Eff. 6-20-72. Repealed by Ord. No. 173,791, Eff. 3-2-01.
In the event any member of the Fire Department or Police Department after the completion of his initial year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation, including vacation time accrued during the proportionate part of the year in which such leave is granted, may be made to such member at the salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such member shall furnish to his appointing authority two (2) certified copies of his orders, one to be filed in the department in which he is employed and the other with the Controller, or in lieu thereof, he shall furnish to such appointing authority upon forms provided by the Controller certified evidence of his entry into active service in the armed forces of the United States and the date thereof; provided, however, that presentation of the proof required under Section 4.175 may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such member into active service in such armed forces.
SECTION HISTORY Based on Ord. No. 89,935.
Amended by: Ord. No. 100,537.
Sec. 4.175. Military Leave with Pay.
(a) Every member of the Fire Department or Police Department who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to the provisions of the Military and Veterans Code of the State of California shall, before he is paid his salary or compensation during such leave, or any part thereof, as provided in said Code, furnish to his appointing authority two (2) certified copies of his orders, and one (1) copy to be filed in the department in which he is employed and the other with the Controller, or in lieu hereof, he shall furnish to such appointing authority upon form provided by the Controller certified evidence of his entry into active service of the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such member into active service in such armed forces and of the actual performance by him of ordered military duty during all or any part of such leave.
(b) In determining whether a member has been in the service of the City for a period of not less than one year immediately prior to the date on which the absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required; provided, however, that service in any department having control of its own funds shall be counted in making such determination.
SECTION HISTORY Based on Ord. No. 89,935.
Amended by Ord. No. 100,637.
Sec. 4.176. Allowance of Sick Leave with Pay for Illness or Injury not Sustained in Course of Employment Accumulation.
(a) Every member of the Fire Department or Police Department shall be entitled to sick leave with full pay as herein provided if he is compelled to be absent from his work on account of any illness or injury other than that caused by or arising from his own moral turpitude, or sustained in the course of or arising out of and proximately caused by his duties as a city employee. Such sick leave shall be allowed as follows:
Commencing December 27, 1970, during the calendar in which he is appointed and during such subsequent calendar year, he shall be allowed not to exceed 12 working days’ leave at full pay, five working days at 75% of full pay, and five working days at 50% of full pay, plus the days of sick leave accrued and accumulated in the manner set forth hereinbelow. As used in this section and in Section 4.178 of this Code, the term “calendar year” shall mean the period commencing on the first day of the payroll period during which January 1st occurs and ending on the day immediately preceding the first day of the payroll period during which the next succeeding January 1st occurs.
The allowance of sick leave in this section provided for shall accrue and accumulate in the manner specified herein while the member is absent on military leave.
(b) Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which if added to a member’s accumulated sick leave at full pay, will exceed 100 working days, shall, as soon as practicable after the end of each calendar year be compensated for by cash payment of 50% of the salary rate current at the date of payment.
If a member of the Fire Department retires from the service of the City or, if a member of the Fire Department who is eligible to retire on or after July 1, 1996 dies prior to retirement, any balance of accumulated sick leave at full pay remaining unused at the time of retirement or death shall be compensated to the member or, in the event of the death of the member, to his/her legal beneficiaries, by cash payment of 50% of the member’s salary rate on the date of retirement or death. The City Council may, by resolution, authorize cash payment to the legal beneficiaries of any member of the Fire Department, who on or after January 1, 1990, is killed during the performance of job- related duties, for the balance of the member’s accumulated full-pay sick leave at 100% of the member’s salary rate on the date of his/her death. In no instance shall a member or his/her beneficiaries be compensated more than once for accumulated sick leave upon retirement and/or death of the member.
If a member of the Police Department becomes separated from the service of his department by reasons of retirement or death, any balance of accumulated sick leave at full pay remaining unused at the time of separation shall be compensated to the member or in the event of separation due to the death of the member, to his estate, by cash payment of 50% of the employee’s salary rate current at such date of separation. In no instance will an employee or his estate be compensated more than once for accumulated full pay sick leave upon retirement or upon the death of the member. The City Council may, by resolution, authorize cash payment to the legal beneficiaries of a member of the Police Department who, on or after January 1, 1990, suffered or suffers a duty-related death, for the balance of the member’s accumulated full-pay sick leave at 100% of the member’s salary rate on the date of his/her death. In no instance shall a member or his/her beneficiaries be compensated more than once for accumulated sick leave upon retirement, death, or death in the performance of duties of the member.
If a member becomes separated from the service of either the Fire Department or the Police Department by reason of resignation and is thereafter employed by either department within seven days after the effective date of said resignation, the unused balance of all sick leave, accrued and accumulated in the department from which the member resigned, as of the effective date of such resignation, shall be restored.
If a member of the Fire Department or Police Department was, within seven days prior to becoming a member, an employee of any department of the City, including an employee member of the Fire Department or Police Department, the unused balance of all sick leave accrued and accumulated in the department from which the member resigned, as of the effective date of such resignation, shall be restored.
(c) Any unused balance of sick leave at 75% of full pay at the end of any calendar year and any unused balance of sick leave at 50% of full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days at 75% pay and 100 working days at 50% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost.
(d) In all cases where such member is compelled to be absent from duty on account of such illness or injury, he shall report the same as soon as practicable to his appointing authority, and to the Medical Services Division of the Personnel Department. The appointing authority of a member receiving any benefits under this section may, in his discretion and at such time as he deems necessary, require such member to be examined by the Medical Services Division of the Personnel Department, which shall report its findings to said appointing authority.
(e) Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of eight hours in any one calendar year, but not less than one hour at any one time, which shall be included in the allowance of sick leave at full pay under this section for the purpose of securing preventative medical, dental, optical or other like treatment or examination.
SECTION HISTORY Based on Ord. No. 89,935.
Amended by: Ord. No. 137,490; Ord. No. 138,460, Eff. 4-7-69; Ord. No. 139,809, Eff. 12-23-69; Subsecs. (a) – (e), repeals (f), Ord. No. 140,780, Eff. 7-31-70; Subsec. (b), Ord. No. 143,444, Eff. 6-20-72; Subsec. (b), Ord. No. 145,773, Eff. 4-10-74; Subsec. (b), Ord. No. 146,400, Eff. 7-31-74; Subsec. (b), sentences at end of second and third paras., Ord. No. 170,794, Eff. 12-19-95; Subsec. (b), second and third para., Ord. No. 170,967, Eff. 3-27-96; Subsec. (b), Para. 2, Ord. No. 171,527, Eff. 2-26-97.
Sec. 4.176.1. Allowance for Leave for Pregnancy
Every member of the Fire Department or Police Department shall be entitled to use sick leave accrued pursuant to this article if that member is unable to work on account of her pregnancy, childbirth or related medical conditions.
SECTION HISTORY Added by Ord. No. 152,274, Eff. 4-27-79, Oper. 4-29-79.
Sec. 4.177. Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties.
(a) Any member of the Fire Department or Police Department who is temporarily disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of his employment, shall receive as temporary disability compensation (Division IV of the Labor Code of the State of California) an amount equal to his base salary less the sum that would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514, or 1614, as applicable, if he were actively performing his duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any temporary disability compensation pursuant to this subsection after he has been granted a pension, or for a period longer than one (1) year. In the event that the member is temporarily disabled and prevented by such temporary disability from returning to duty at the expiration of one (1) year, and said member has not been granted a pension prior to that time, he shall then receive temporary disability compensation at the rate provided in Division IV of the Labor Code of the State of California.
(b) Any member of the Fire Department or Police Department who is disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of his employment, and a physician designated by the Personnel Department has certified that the member is permanently disabled and that the member is not fit by reason of the disability for any type of available duty, he shall receive as disability compensation (Division IV of the Labor Code of the State of California) an amount equal to his base salary less the sum, which would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514 or 1614, as applicable, if he were actively performing his duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any disability compensation pursuant to this subsection after he has been granted a pension nor shall any member receive any temporary disability compensation pursuant to Subsection (a) of this section plus disability compensation pursuant to this subsection or any combination thereof for a period
longer than one (1) year. Further provided, that no disability compensation shall be paid pursuant to this subsection unless a written application for a disability pension is filed with the Department of Pensions as soon as practicable after the Fire Department or Police Department is notified that the condition of the disabled member has been declared permanent and stationary.
(c) All issues and conflicts, including issuance of medical fact, which may arise by the application of this section, shall be resolved by the General Manager of the Personnel Department.
(d) The employing department shall make the initial determination as to proximate cause of injury or illness, worker’s compensation benefits shall be administered in accordance with the provisions of Division IV of the Labor Code by the General Manager of the Personnel Department, any dispute concerning the