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Acting pay shall be that certain step in the salary range of the higher classification which <br /> generates an increase above the acting employee's current salary of not less than five percent <br /> (5%). <br /> Section 12.0 Bilingual Pay <br /> Management employees certified by the City as bilingual will receive one hundred twenty-five <br /> ($125) dollars per month bilingual pay when they are required to use a second language. <br /> Bilingual skills shall be necessary to the operation of the City, as determined by the department <br /> head, and confirmed by an appropriate certification process established by the City. Bilingual <br /> pay shall apply to the following languages: Spanish, Chinese, American Sign Language and <br /> other languages as determined by the Human Resources department. <br /> Section 13.0 Employee Defense and Indemnity <br /> In the event that all or part of a claim or judgment is for punitive or exemplary damages in any <br /> action otherwise governed by Section 825 of the Government Code and upon request of the <br /> employee against whom such claim or judgment is rendered, the City agrees to consider whether <br /> the findings set forth in Section 825(b) (1) through (3) may be made. This provision in no way <br /> obligates the City to pay punitive or exemplary damages unless it in fact makes those findings. <br /> Section 14.0 Layoff <br /> The appointing authority may lay off an employee in the competitive service because of material <br /> change in duties or organization or shortage of work or funds. If, by reason of expiration of a <br /> leave of absence, reduction in personnel, demotion to the class, or other cause, there are more <br /> employees in any class in the full-time competitive service than there are available positions in <br /> that class, the employee last employed in the class shall be laid off; if such employee obtained <br /> such position by promotion, he/she shall be demoted to the lower class from which he/she was <br /> promoted rather than be laid off. Layoff or demotion shall be based upon the amount of seniority <br /> an employee has in the classification he/she is occupying (i.e., the employee with the least <br /> amount of seniority in the class shall be the first to be laid off or demoted, if job was obtained by <br /> promotion). <br /> Forty (40) days before the effective date of a layoff, the appointing authority and/or designee <br /> shall notify Human Resources of the intended action with reasons therefore, and a statement <br /> certifying whether or not the services of the employee have been satisfactory. A copy of such <br /> notice shall be given to the employee affected at that time. If certified as having given <br /> satisfactory service, the name of the employee laid off shall be placed on the appropriate re- <br /> employment list. <br /> Employees shall be given thirty (30) days written notice before the effective date of layoff. <br /> All laid-off employees shall be placed on a re-employment list for the class from which they <br /> were laid off or demoted (i.e., the last person in the affected class to be laid off shall be the first <br /> re-hired when openings occur in that class or any other of the same pay for which the employee <br /> is qualified). If the employee on the re-employment list refuses the initial offer of re- <br /> employment, the employee's name shall be placed at the end of the re-employment list. If the <br /> 13 <br /> SLMO 2015-20 final <br />