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CC RESOLUTION 812RESOLUTION NO. 812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING THE COMPENSATION OR PAY OF VARIOUS MUNICIPAL OFFICERS AND EM- PLOYEES OF SAID CITY, AND REPEALING ALL RESOLUTIONS AND ORDERS AND PARTS OF RESOLUTIONS AND ORDERS IN CONFLICT THEREWITH. The City Council of the City of E1 Segundo, California, does hereby resolve, declare and determine as follows: SECTION 1. That effective as of, and on and after the let day of March, 1946, and until the further order of the City Council of the City of E1 Segundo, California, the various officers, department heads and employees of said city whose respective offices, positions or employments are hereinafter set forth, designated, named or referred to, shall be entitled to and shall respectively receive and be paid for their respective services in such respective offices or employments, the salary, compensation, remuneration, fees or pay hereinafter stated, designated and fixed for their respective offices or employments in the following schedule of compensation, which is hereby approved, fixed and established in and for said city, to -wit: SCHEDULE OF COMPENSATION FOR THE VARIOUS OFFICERS, DEPARTMENT HEADS AND EMPLOYEES OF THE CITY OF EL SEGUNDO, CALIFORNIA Subdivision 1. ELECTIVE OFFICIALS: The elective officials of said city, as such, shall respectively continue to receive their salaries or compensations pursuant to and under proceedings duly had according to law, and until the same may be changed as provided by law, in the case of elective officials. 1- °a %a o b ' b the SUB? adds tion of �2�0. puper�i ty C2ark a�� $ $1 � month reaei be n8 � t , $ Of S °t eyed under thaion rOr °per„ sm t rlBht,vhover 8uoh, ion 3 Of Prorleiona a 8erpioe r er, to pia °� @Quire $ y 8 resolution. P�BraAhB a¢p d to 'grid n fA) The Present �ax1Y�FF?x�rG b�AR Xa ve no Incumbent p ��: an full tang ea a 40 ity anglneer time ah as shall Ci Y 4 en t ar the oltl aompen a t, Is e�loyed i8j a elneer is o 3', and �8 a in another $ `°882etant Ci my ln Olden ta aryl °e as r18ht, bam aum of 0$00 0naer all sae dglsOrY. to erer, par mo ire' a8 r orate. to addi t nth, wi t under tilt 8erploe tonal aamPen bout the Prpp required eatlon Of 8e °tie laiona of to be fo) a o r zagina hreao a tfGu rine aide l tl and s haln men such auoh oo . dr8ptaman, eta a inat�ment me notual mpensatio ha n n8 8 1,2 ' tuna o aerploe a8 the 8peatipaly Per eo@ipe antered utime, �y rity �ounoilur of 'Solution fro fb reBPactipa�n i to minut ®a cr solutions m pha b y. Provide to she'll uildin�., AZ r � all rao umbin8 want 83pe, as a and 'k,'xeotr u Sa x oompen$s io rt right , hA t he um of X248 o Qatar or + t Per a rendered °gex''tima ° addltl Thee and rr$n o�se the ProplalQnal °e re9'ul �d to AeBi a tan t a tion '� oP of Para �naPaotor, lir �ulldin�', Alumbt�a rea0luii�$�8 at Olaaaj shall re alyand Eleotrioal no thine as such, as it is contemplated that the Council will from time to time name a person employed and receiving compensation in some other capacity for said city to act incidentally as such Assistant Building, Plumbing and Electrical Inspector, first class. (F) The Assistant Building, Plumbing and Electrical Inspector, second class, shall receive as such the sum of $1.40 per hour, for each hour of service. Subdivision 4. JUDICIAL DEPARTMENT: (A) The City Judge shall receive the sum of $90.00 per month, as such. (B) The Court Clerk (part time, as required) shall receive no compensation as such, as it is contem- plated that for the time being another employee of said city will act incidentally as such court clerk. Subdivision 5. LEGAL DEPARTMENT: (A) The City Attorney shall receive, and there shall be paid to him as a monthly retaining fee, or salary, the sum of ($190.00 per month, and he shall receive and there shall be paid to him in addition thereto, such reasonable additional fees or compensation as the Council may allow for suits, actions, appearances or proceedings before any Court, Board, Tribunal, Officer, Committee or Commission in which, or before whom or which, he has been authorized or directed by the Council to act or appear; and also when allowed by the Council, extra compensation for bond issues of all kinds and for any other service or services which the Council may deem extraordinary. (B) The City Attorney shall be and he is hereby authorized and empowered to employ such stenographic and clerical assistance or service, and also such assistance for 3- the service of process, as may be necessary in the proper and expeditious discharge of the duties of his office. The reasonable costs of and charges for the same shall be a charge against and be paid by said city. Subdivision B. POLICE DEPARTNMIT: (A) The Chief of Police shall be on full time duty as such Chief of Police and shall receive as such the sum of 4340.00 per month, and in addi- tion thereto the right to use and occupy, rent free, as such Chief of Police, the residence and premises at No. 803 East Grand Avenue, within and owned by said city. For accounting purposes, the value of the rental or use of said premises is hereby fixed as being the sum of $25.00 per month. All public utility service furnished said premises must be paid by occupant, excepting only telephone exchange service which the city frill pay. (B) The Captains of Police shall receive the sum of 1"250.00 per month, each. (C) Lieutenants of Police shall receive the sum of 0245.00 per month, each. (D) Traffic Officers, first class, shall each receive the sum of 4220.00 per month for the first year of service, as such; $230.00 per month for the second year of service, as such; and $240.00 per month for the third and all subsequen#years of service, as such. (E) Traffic Officers, second class, shall receive the sum of ell.20 per day each, for each day of service, as such. (F) Identification Officers of the first class shall each receive the sum of 4200.00 per month for 4- the first year of service; $210.00 per month for the second year of service; and $220.00 per month for the third and all subsequent years of service. (G) Desk Officers shall each receive the sum of $8.75 per day for the first year of service; $200.00 per month for the second year of service; and 47205.00 per month for the third and all subsequent years of service. (H) The Police Matron, as such, shall receive the sum of $60.00 per month. (I) The Assistant License Inspector (part time, as required) shall receive the sum of $10.00 per month. (J) School Crossing Guards shall each receive the sum of 41.05 per hour for each hour of service. Subdi� 7. FIRE DEPARTMENT: (A) The Chief of the Fite Department shall receive the sum of $25.00 per month, and in addition thereto the sum of $3.50 per drill, not to exceed two drills per month. (H) The First Assistant Chief shall receive the sum of 45.50 per drill, not to exceed two drills per month. (C) The Second Assistant Chief shall receive the sum of x4.75 per drill, not to exceed two drills per month. (D) Captains of the Fire Department shall receive the sum of $4.75 per drill each, not to exceed two drills per month. (E) First Lieutenants shall receive the sum of $4.75 per drill each, not to exceed two drills per month. (F) Firemen shall receive the sum of 03.50 per drill each, month. (a) Fire Engine receive the Subdivision 8, 1 (A) The present not to exceed two drills per Drivers on special duty, shall sum of $1.00 per hour each. 3TREET DEPARTMENT: incumbent, Street Superintendent, shall receive nothing as such, as he is em- ployed on full time and full compensation in another department of city, and his service as Street Superintendent is only incidental and advisory. (B) The Assistant Street Superintendent shall re- oeive the sum of $245.00 per month, without right, however, to additional compensation for over -time service required to be rendered under the provisions of Paragraphs NO and "H" of Section 3 of this resolution. (C) The Foreman Mechanic shall receive the sum of 0 4245.00 per month, without right, however, to additional compensation for over -time service required to be rendered under the provisions of Paragraphs "G" and "H" of Section 3 of this resolution. (D) Street Department Foremen of the First Class shall receive the sum of $215.00 per month, each. (E) Street Department Foremen of the Second Class shall receive the sum of 4205.00 per month each. (F) Street Department Foremen of the third class shall receive the sum of $10.00 per day each, for each day of service. 0 Subdivision 9. PARK DEPARTMENT: (A) The Park Superintendent shall receive the sum of X245.00 per month, without right, however, to additional compensation for over -time service required to be rendered under the provisions of Paragraphs "G" and "H" of Section 3 of this resolution. (B) The Nurseryman shall receive the sum of X205.00 per month. (C) Foremen of the Park Department shall receive the sum of X205.00 per month, each. Subdivision 10. SEWER DEPARTMENT: (A) The Sewer Department Foreman shall receive the sum of x$230.00 per month, and in addition thereto shall receive the use of the dwelling house located at 616 W. Imperial Highway in the City of El Segundo, California, and free water service thereto, which said premises for accounting purposes are hereby determined to have a rental value of X15.00 per month, including water. The occupant of said premises, however, must pay all other public utility charges excepting only telephone exchange service which the city will install and maintain at said premises for the proper functioning of said sewer department; without right, however, to additional oompen- sation for over -time service required to be rendered under the provisions of Paragraphs "G" and "H" of Section 3 of this resolution. (B) Maintenance Man of the Sewer Department shall receive the sum of x205.00 per month. 7- Subdivision 11 WATER DEPARTMENT: (A) The present incumbent, Water Department Superintendent, shall receive nothing as such, as he is employed on full time and full oom- pensation in another department of the city, and his service as Water Department Superin- tendent is only incidental and advisory. (B) The Assistant Water Superintendent shall receive nothing as such. (C) Water Department Foremen shall receive the sum of $245.00 each, per month, without right, how- ever, to additional compensation for over -time service required to be rendered under the pro- visions of Paragraphs "G" and "H" of Section 3 of this resolution. (D) Service men shall receive the sum of $210.00 per month, each. (E) Operators of the Treatment Plant shall receive the sum of $210.00 per month, each. (F) Utility Men of the Water Department shall re- ceive the sum of $9.40 per day each, for each day of service. Subdivision 12. DEPARTMENTAL RELIEF MEN: (A) Departmental Relief Men, first class, shall receive the sum of 6205.00 per month, each. (B) Departmental Relief Men, second class, shall receive the sum of $9.40 per day, each, for each day of service. Subdivision 13, PUBLICITY DIRECTOR: The Publicity Director shall receive the sum of $100.00 per month. Subdivision 14, DEPARTMENTAL CLERICAL SERVICE: (A) Departmental Clerks, Senior, shall receive the sum of $195.00 per month, each; Depart- mental Clerk, Junior, $185.00 per month; C-'.9 Departmental Clerk, Temporary, at the rate of $7.67 per day, and said compensation shall be segregated and the respective proportionate parts thereof charged against the respective departments to which service was rendered during the respect- ive months of service. Subdivision 15. MISCELLANEOUS — ALL DEPARTMENTS: (A) Janitors, first class, shall receive the sum of $195.00 per month, each. (B) Janitors, second class, shall receive the sum of X8.75 per day, for each day of service. (C) Truck Drivers, first class, shall receive the sum of $205.00 per month, each. (D) Truck Drivers, second class, shall receive the sum of $1.15 per hour, for each hour of service. (E) Garbage Truck Drivers each $210.00 per month. (F) Garbage Service Men, first class, shall receive the sum of x$200.00 per month, each. (G) Garbage Service Men, second class, shall receive the sum of $1.10 per hour each, for each hour of service. (H) Laborers of the first class, shall receive the sum of y185.00 per month, each. (I) Laborers of the second class, shall receive the sum of $1.05 per hour, for each hour of service. (J) Laborers of the third class shall receive the sum of 60¢ per hour for each hour of service. (K) Blade Operators shall receive the sum of $1.15 per hour each, for each hour of service. (b) Carpenters, finish, shall receive the sum of $1.50 per hour for each hour of service. (M) Carpenters, rough, shall receive the sum of $1.15 per hour for each hour of service. (N) Carpenters' Helpers shall receive the sum of $1.05 per hour each, for each hour of service. (0) Cement Finishers shall receive the sum of $1.625 per hour each, for eaeh hour of service. 9— (P) Concrete Mixer Operators shall receive the sum of $1.15 per hour each, for each hour of service. (Q) Foremen, General, shall receive the sum of 41.50 per hour each, for each hour of service. (R) Foremen, Labor, shall receive the sum of $1.15 per hour each, for each hour of service. (S) Machinists, Auto, shall receive the sum of $1.15 per hour each, for each hour of service. (T) Painters, building, shall receive the sum of $1.50 per hour each, for each hour of service. (U) Painters, construction, shall receive the sum of $1.15 per hour each, for each hour of service. (V) Electricians shall receive the sum of $1.70 per hour each, for each hour of service. (W) Tractor Operators shall receive the sum of $1.15 per hour each, for each hour of service. (X) Roller Operators shall receive the sum of $1.15 per hour each, for each hour of service. (Y) Plumbers shall receive the sum of X1.75 per hour each, for each hour of service. Subdivision 16,= DIRECTOR OF VETERANS' AFFAIRS DEPARTMENT; The Director of Veterans' Affairs shall receive the sum of $70.00 per month, as such. SECTION 2. That the compensation, remuneration or pay provided for in this resolution shall be paid at the times and in the manner set forth in the following schedule, to -wit: SCHEDULE There shall be two pay -roll periods in each calendar month. The first pay -.roll period shall cover the first to the fifteenth days (both inclusive) of such month. The second pay -roll period shall cover the sixteenth to the last day (both days inclusive) of suoft month. 10- Monthly salaries shall be payable in two equal Installments. The installment covering the first pay -roll period shall be payable on the 25th day of each calendar month and the installment covering the second pay -roll period shall be payable on the 10th day of the succeeding calendar month. Daily and hourly compensation for services rendered during the first pay -roll period shall be payable on the 25th day of each calendar month, and for services rendered during the second pay -roll period, on the 10th day of the succeeding calendar month. Special, additional or other pay, compensation or fees, shall be payable upon presentation of proper de. mands therefor to the City Council, to be presented, audited and approved in the usual manner. It is provided, however, that in those cases where any such 10th or 25th pay day falls upon either a Saturday, Sunday or holiday, the City Clerk and City Treasurer are authorized to deliver the pay -roll warrants on the last business day immediately preceding any such Saturday, Sunday or holiday; provided further, however, that the City Council may in its discretion authorize earlier delivery of such warrants in those cases where in its opinion special circumstances may exist. Drill fees in the Fire Department shall be paid on a quarterly basis, subject to the right of the Council at any time during a quarter to authorize payment of any accrued fees up to such time in any case or cases. SECTION 3. That salaries, compensations, remunera- tions, fees or pay, as same are hereinabove stated, and as same may hereafter be altered, changed or amended, contemplate services to be rendered by the various employees of said city substantially in accordance with the following rules and re- gulations relating to hours and periods of service which are hereby established, to -.wit: 11- "RULES AND REGULATIONS RELATINU TO HOURS AND PERIODS OF SERVICE" A. Eight hours shall be deemed to constitute a dayts work, except in the Police and Fire Departments in which the members shall be subject to call at all times. B. A week shall be deemed to mean any period of seven consecutive days. C. Sundays and legal holidays shall be construed as such. D. The year shall be taken as having 365 days, and the month as having 30 days. E. Length of service, except as may be otherwise specially provided in this resolution, shall be computed upon the length of time that any em» ployes has been continuously in the service of the city in any capacity. An absence from duty for less than ninety consecutive calendar days shall not be considered as a break or interruption in the service of any officer or any employee within the meaning of this Subdivision "E"; but an absence from duty for a period of ninety or more consecutive calendar days shall constitute a break or interruption of service in the case of any officer or employee within the meaning of this subdivision, unless such absence shall have been consented to or approved by the City Council by either motion, resolution or other action spread upon the minutes of such Council. F. That all of the various employees of said city lexcepting those to whom these rules and regula- tions do not apply, as hereinabove or hereinafter set forth) shall render their respective services on a working schedule of eight hours per day and 12- of ten days per each two weeks' period, and in this connection the head of the department or municipal officer or officers under whose jurisdiot- ion the respective employees of said city serve, shall designate the particular days upon which such respective employees are to render service to the said city. G. Various officers and heads of departments, having the employment of or jurisdiction over the various employees subject to rule "F" above, are hereby granted the power and authority by the City Council to require any such employee or employees to render service for more than the eight hours per day or for more than ten days in any two weeks' period hereinbefore referred to in Subdivision "F" of these rules and regulations in any and all cases where such officer or department head feels that such additional service is essential, or in order to accomplish any particular item or items of work, or for the best interests of the said city at the time. H. Any employee, subject to the rule of eight hours per day and ten days' employment in any two weeks' period hereinabove referred to, who is required to put in more time under the provisions of Subdivision "G" of these rules and regulations on an occasion not an emergency resulting from war or civilian defense of protective effort, shall receive for any such overtime, compensation at one and one -.half times his or her regular rate of pay. I. In oases where the regular working schedules of any department or employee do not contemplate regular wervice on Sundays and holidays any employee required 13- to work on such Sundays or holidays shall be compensated therefor at the rate of one and one -half times his or her regular rate of pay. J. In all oases where employees in any given classification are required to perform service In a classification entitled to a higher rate of compensation, then and in that event, and for and during such time, there shall be paid any such employee in addition to his regular rate of pay the difference between his or her regular rate and the higher rate prescribed herein for service so rendered; provided, however, that such higher rate shall not exceed the lower rate (in case more than one is speci- fied) prescribed for such higher classification. K. That any employee, with the approval of the head of his or her department, may render volun.. tary substitute service fmr any other employee, in which case only the regular rate of pay applicable to the position or employment for which such voluntary substitute service is rendered, shall be paid such employee so render- ing such voluntary substitute service; provided, that if such service is for a longer period than two days in any fifteen day period, the consent of Council shall be first obtained thereto. Except in the instances provided for and referred to in Sections 4 and 5 of this resolution adopt. ing these rules and regulations (as same now exist or may hereafter be amended), no compen- sation for the period during which such voluntary substitute service is rendered. 14. L. M. 4 V " � Upon termination of employment during a pay period, pay shall be pro -rated and paid for each day worked in said pay period, based on the total number of days the officer or employee involved was regularly scheduled to work during said pay period. : So far as the foregoing rules and regulations relate to hours of service in any day, or days of service in any period, the same shall not apply to: First; (a) Elective officers of said city (b) The City Judge (o) The City Attorney (d) The Chief of Police (e) The Chief of the Fire Department (f) The City Engineer (g) Assistant City Engineer (h) The Street Superintendent (1) The Water Superintendent as all of such officers and heads of depart- ments are required, for the salaries, oom- pensations, remunerations, fees or pay, hereinabove fixed or indicated in this resolu- tion, for their respective offices or employ- ments, to render such service as may be necessary (not exceeding the time permitted by law) in order to properly and efficiently conduct and supervise the business and affairs of their respective offices and emp;oyments. Second: The members of the Police Department of said city, who shall respectively work regularly scheduled shifts to be promulgated and established from time to time by the Chief PUMV of Police of said city, as all of the members of said department shall be subject to call for service at any and all times. It is provided, however, that where a member of the Police Department is required to render more than eight hours service in any one day, or more than ten days service in any two weeks period, such member shall be entitled to receive, and there shall be paid to him or her, additional compensation for such over -time, at his or her regular rate of pay, unless:.. (a) Such member is the Chief of Police of said city; or (b) Such member is a Captain of Police, and such over -time served is not a regular over -time shift established for such captain by the Chief of Police; or (o) Such over -time is served on, or as a result of, an emergency resulting from war or civilian defense or protective effort; or (d) Such over -time is necessary to enable such member to complete any investigation or report, or conclude any other official business which originated during the regularly scheduled shift of such member immediately prior to the serving of such over -time. SECTION 4. That as a part of the consideration for their respective services, each of the employees of said city injured in the employment of said city during the course of his or her employment, and which injury inoapaoitates such employee from performing his or her regular duties, shall be entitled to receive, and there shall be paid to such employee, his or her regular compensation for the waiting period of seven 16- u days contemplated in the Labor Code and Workmen's Compenea- tion Insurance and Safety Laws of the State of California. SECTION 5. (A) That in addition to the salaries, wages, compensations and benefits otherwise provided for in this resolution, each regular officer or employee of the City of E1 Segundo, as a part of his or her services rendered or to be rendered, shall be entitled to receive, and there shall be paid to him or her during periods of physical disability by reason of illness or sickness, or injury or injuries occurring or arising while he or she is an officer or employee of said city, and which necessitates absence from duty, amounts in accordance with the following schedule of disability pay. ments, to -wit: "SCHEDULE OF DISABILITY PAYMENTS" 1. In cases where such disability is NOT oompensable under the provisions of the Workmen's Compensation Laws of the State of California, such disability payments shall be made in amounts as indicated in the following chart: Employee's complete Period of years of service, Percentage of Disability less time taken for full salary for which disability: to be paid: paid: 1 Year 50% First month 2 Years 100% First month 3 Years 100% First month; 50% Second month 4 Years 100% First and Second months 5 Years 100% First and Second months; 75% Third month 17- -1 : .. 6 Years 100% First, Second and Third Months; 50% Fourth month 7 Years 100% First four months; 25% Fifth month S Years 100% First five months 9 Years 100% First five months 75% Sixth month 10 Years 100% First six months Over 10 Years, same percentages and periods as provided in Ten Year bracket above, which is the maximum. In computing and determining the employee's complete years of service referred to in the left -hand column of the foregoing schedule, the employee's entire time of service to said city shall be set down by completed years, months and days. In computing the period of disability for which com- pensation is to be paid, referred to in the right -hand column of said schedule, the #umber of months and fractional portions of months shown in said right -hand column of said schedule, opposite the bracket containing the employee's complete years of service computed as aforesaid, shall be set down. From such figures so set down shall be deducted all time (set down in like manner) which such employee shall have theretofore taken off from city service, and for which compensation pay- ments have been theretofore received by such employee. The resulting figures shall be the period of disability for which compensation is to be pain hereunder. Any employee who has used either all or a part of his or her disability time or credit referred to in the L right -hand column of the foregoing schedule will be per- mitted to build up or re- aooumulate his or her disability time or credit by further service to the city at the rate Indicated in the middle column of said schedule opposite the bracket in the left -hand column containing his or her completed years of service, computed asaforesaid. II. In cases where such disability IS compensable under the provisions of the Workmen's Compensation Laws of the State of California; disability payments hereunder shall be made each month in amounts as follows: (a) The full pro -rata sum of the officer or employee's regular salary for the so- called waiting period provided for in said Work- men's Compensation Laws; and (b) An amount equal to the difference between the regular monthly salary or compensation of such officer or employee paid by said city and the amount of any compensation received by any such employee under said Workmen's Compensation Laws (exclusive of medical, surgical, hospitalization, appli- ances, or similar items of costs). Payments of such amounts shall be made for periods as indicated in the following chart: Employee's complete years of service, Period of less time taken for Disability for disability: Which paid: 1 Year First 1/2 month following the so- called waiting period provided i � ..4A T. , 2 Years First 1 month following said waiting period 19- ,r 3 Years First 1 1/2 months following said waiting period 4 Years First 2 months following said waiting period 5 Years First 2 3/,4 months following said waiting period 6 Years First 3 1/2 months following said waiting period 7 Years First 4 1/4 months following said waiting period 8 Years First 5 months following said waiting period 9 Years First 5 3/4 months following said waiting period 10 Years First 6 months following said waiting period Over 10 Years, same period as provided in ten year bracket above, which is the maximum. In computing and determining the employee's complete years of service referred to in the left -hand column of the foregoing schedule under this Division II, the same procedure shall be observed as in the case of the schedule set forth in Division I above. In computing the period of disability for which compensation is to be paid, referred to in the right -hand column of said schedule, in this Division II, the same procedure shall be observed as in the case of the schedule set forth in Division I above. Any employee who has taken time off under the pro. visions of this Division II will be permitted to build up or accumulate additional time by additional service at the rate 20- contemplated in the foregoing schedule, taking into con- sideration his or her completed years of service computed as aforesaid. (B) The City Clerk in preparing demands for compensation under the provisions of the foregoing subdivision "A" of this Section 5, may require the employee concerned to submit to said City Clerk evidence satisfactory to said Clerk indicating the amount of Workmen's Compensation payments received by such employee (exclusive of medical, surgical, hospitalization, appliances, or similar items of costs). The City Council appreciates that in many instances It may be impossible at the time the regular pay -rolls are presented to the Council for approval, to determine various amounts which may hereafter become payable under the provisions of this Section 5 to various employees, due to a variety of reasons and causes, such, for example, as delays which may occur in the fixing of compensation amounts in Industrial Accident oases; the failure of the employee to monthly or promptly receive his Workmen's Compensation allowances, etc.eto. In all such cases the city shall be under no obligation to make to the employee the payments provided for in this Section 5 until such time as such matters can be properly determined. The City Clerk may present to the City Council any and all problems which may arise in the administration of the pro- visions hereof, and the City Council reserves the right to consider such problems and to determine the same and make such adjustments and orders as may be necessary and proper in the premises. (C) The words "regular officer" or "regular officers" or "regular employee" or "regular employees ", as used in this resolution, shall be construed to mean those officers or employees who are regularly employed in the service of said city. 21- The words "full salary ", as used in this resolution, shall be construed to mean the average monthly salary or compensation received by the employee during the twelve months immediately preceding the calendar month (exclusive of any over -time compensation or pay) in which his or her illness or sickness, or vacation began, or injury or injuries were suffered. (D) The City Council reserves the right, to be exercised in its discretion, to at any time and from time to time, at the expense of said city, require any such em- ployee to appear before any duly licensed physician or surgeon selected by said Council and submit to a medical and physical examination, with respect to his or her sickness, illness, injury or injuries, or disability. The failure or refusal of any such employee to submit himself or herself to any such examination, may, in the discretion of said Counoil,forfeit any further rights to receive disability benefits or com- pensation under the provisions of this resolution. The written report of any such physician or surgeon to said Council may be examined by said Council, and by the City Clerk and City Attorney of said city, but shall otherwise be confidential; provided, however, that the same may be introduced in evidence in any action or proceeding relating to the subject of sickness, illness, injury or disability of the patient or person referred to therein, and such phy- sioian or surgeon may give testimony respecting the subject of such examination and the physical condition of the employee therein referred to, and each employee of said city accepting employment with said city, by accepting such employment and rendering service thereunder, does thereby automatically and accordingly so agree. SECTION 6. Excepting members of the Police and Fire Departments, who shall receive annual vacations as 9P,- provided by law, each officer and employee regularly employed in the service of said city shall be entitled to, and shell receive, a vacation of two weeks with full salary for each year of service to said city. "Year of Service" within the meaning of this section, shall mean the period of one year from any given date during which the officer or employee shall have been regularly employed. It is provided, however, that every person who has been regu- larly employed by said city, for a period of one year preceding the effective date of this resolution, shall be entitled to a vacation as herein provided for said year of servioe. All vacations shall be taken at such times as are agreeable to the head of the department, or to the City Council. whenever the City Council deems it proper and advisable so to do, it may grant pay in lieu of vacation to any employee entitled to a vacation. Earned vacations shall not be accumulated for a longer period than for two years' service. SEC`PION 7. Notwithstanding any other provision or provisions of this resolution to the contrary, that as of and on and after January 1, 1942 all appointive officers and employees of the City of El Segundo who shall have entered or have been inducted, or who may thereafter enter or be inducted into the armed forces of the United States of America during war, or during any national emergency proclaimed by the President or the Congress of the United States, or Act of Congress, or executive order or ruling, and who shall have been honoraply discharged or placed on the inactive or reserve list, or relieved from such military service with a certificate of satisfactory service therein, shall be reinstated in his or her employment for the City of E1 Segundo without loss of status, seniority or rating, to the office or position held by them prior to entry into such Federal service, or to positions of like seniority IM and statue, unless in the meantime such offices or positions shall have been abolished; provided, however, that the appli. cation for reinstatement is made within ninety days after the termination of such war or national emergency, or within ninety days after such discharge, release or relief from military service; and provided further, that such officers or employees are still qualified to perform the duties of the positions previously held by them, or of such like positions. SECTION 8. That the City Council of said city shall have the right and power, and does hereby reserve the right and power, at any time and as provided by law, to amend this re- solution and to change, alter and adjust the salaries, wages or compensations of each and all of the officers, servants, agents and employees of the said city, excepting only the compensation of the members of said council, and each and all of the said officers, servants, agents and employees, excepting elective officers, shall serve during the pleasure of said Council or as may be otherwise provided by law. SECTION 9. That Resolution No. 733, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING THE COMPEN- SATION OR PAY OF VARIOUS MUNICIPAL OFFICERS AND EMPLOYEES OF SAID CITY, AND REPEALING ALL RESOLUTIONS AND ORDERS AND PARTS OF RESOLUTIONS AND ORDERS IN CONFLICT THEE= TH. passed and adopted on the 16th day of August, A. D., 1944, and all resolutions amending said Resolution No. 733, and all resolutions and orders of the City Council of the City of E1 Segundo, California, heretofore passed, adopted, given or made, with reference to the, or any of the, matters, subjects or things, hereinabove set forth or referred to, are hereby repealed in so far as the same conflict with the provisions hereof. SECTION 10. That this resolution and the provisions thereof, shall become, be and remain, effective on, as of, and ?4- after midnight, the let day of March, 1946. SECTION 11. That in all oases where any officer or employee renders service to said city in more than one department, and the City Council has not designated the amount or percentage of the compensation of such officer or employee to be charged against any particular department or departments, the City Clerk may, for accounting purposes, determine and charge accordingly the amount or percentage of the compensation or salary of any such officer or employee which is to be charged to each of the respective departments in which such service was rendered. So far as reasonably practicable, such charges when made against the various departments shall be substantially in proportion to the service rendered such respective departments. SECTION 12. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the same to be entered in the book of resolutions of the said City of E1 Segundo, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 27th day of February, A. D., 1946. May 6r of the City of El ido, A 't T: California. Ci tq er (SEAL) 26- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO ) I. Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said city is five; that the foregoing resolution, being Resolution No. 8120 was passed and adopted by the said City Council, approved and signed by the Mayor of said city, and attested by the City Clerk of said city, all at an adjourned regular meeting of the said Council held on the 27th day of February, A. D., 1946, and that the same was so passed and adopted by the following vote: AYES: Councilmen Hesser, Peterson, Skelley, Thompson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. (SEAL) 26- 0