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CC RESOLUTION 871RESOLUTION N0. 871 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 EMPLOYEES 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 16th day of February, 1947, and until the further order of the City Council of the City of E1 Segundo, Call - fornia, the various officers, department heads and employees of said city whose respective offices, positions or employ- ments are hereinafter set forth, designated, named or referred to, shall be eatitlod 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- Subdivision 2. CITY CLERK'S DEPARTMENT: The Deputy City Clerk shall receive, as such, the sum of $260.00 per month, without right, however, to additional compensation for over -time service required to be rendered under the provisions of para- graphs "G" and "H" of Section 3 of this resolution (The said compensation of $260.00 per month includes an item of $10.00 per month which the Council deems at this time to be adequate compensation for the in- creased duties which may be involved at times when the head of the department may be absent from the office on vacation or otherwise.) Subdivision 3. ENGINEERING DEPARTMENT: (A) The present incumbent, City Engineer, shall receive nothii full time and department of City Engineer (B) The Assistant such, the sum zg as such, as he is employed on full compensation in another the city, and his service as is only incidental and advisory. City Engineer shall receive, as of $315.00 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. (C) Engineering aides, such as instrument men, chain men, draftsmen, etc., shall receive such com- pensations respectively per hour of actual service as the City Council may from time to time, by resolution or resolutions entered upon its minutes, provide for them respectively. Assistant (D) Thg/Building, Plumbing and Electrical Inspector shall reoeive, as such, the sum of $245.00 per month, without right, however, to additional compensation for over -time service required to 2- be rendered under the provisions of paragraphs "G" and "H" of Section 3 of this resolution. (E) The Assistant Building, Plumbing and Electrical Inspector, first class, shall receive nothing 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 Assist- ant Building, Plumbing and Electrical Inspector, first class. (F) The Assistant Building, Plumbing and Electrical Inspector, second class, shall receive as such the sum of 81.40 per hour, for each hour of service. Subdivision 4. JUDICIAL DEPARTMENT: (A) The City Judge shall receive the sum of 4100.00 per month, as such. (B) The Court Clerk (part time, as required) shall receive no compensation as such, as it is con.. templated 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 0215.00 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 be. fore any Court, Board, Tribunal, Officer, Committee or Commission in which, or before whom or which, he has been authorized or directed by the Council 3. 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 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 6. POLICE DEPARTMENT: (A) The Chief of Police shall be on full time duty as such Chief of Police and shall receive as such the sum of $355.00 per month, and in addition thereto the right to use and occupy, rent free, as such Chief of Police, the residence and pre. mises 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 will pay. (B) The Captain of Police (who shall act as Chief in the absence of the head of the department) shall receive the sum of $280.00 per month (The said compensation of $280.00 per month includes an item of $10.00 per month which the Council deems at this time to be adequate compensation for the Increased duties which may be involved at times 4w when the head of the department may be absent from the office on vacation or otherwise.) (C) Lieutenants of Police shall receive the sum of $265.00 per month, each. (D) Traffic Officers, first class, shall each receive the sum of $240900 per month for the first year of service, as such; $250.00 per month for the second year of service, as such; and $260.00 per month for the third and all subsequent years of service, as such. In addition to the foregoing, each traffic officer, first class, when assigned by the Chief of Police to motor cycle duty, shall be entitled to additional pay at the rate of $15.00 per month for the time covered by such assignment to motor cycle duty. Any such additional amount shall be payable at the time regular installments of salary are paid. (E) Traffic Offieers,second class, shall each receive the sum of $1.50 per hour for each hour of service, as such. (F) Identification Officers of the first class shall each receive the sum of $220.00 per month for the first year of service; $230.00 per month for the second year of service; and $240.00 per month for the third and all subsequent years of service. (G) Desk Officers shall each receive the sum of 449.92 per day for the first year of service; $220.00 per month for the second year of service; and $225.00 per month for the third and all subsequent years of service. (H) The Police Matron, as such, shall receive the sum of $85.00 per month. Special Police Matrons shall each receive the sum of $1.50 per hour for each hour of service, as such. 5- (I) School Crossing Guards shall each receive the sum of 1.15 per hour for each hour of service. Subdivision 7, FIRE DEPARTMENT: (A) The Chief of the Fire 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. (B) The First Assistant Chief shall receive the sum of $5.50 per drill, not to exceed two drills per month. (C) The Second Assistant Chief shall receive the sum of $4.75 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 V3.50 per drill each, not to exceed two drills per month. (a) Fire Engine Drivers on special duty shall receive the sum of $1.00 per hour each. Subdivision S. STREET DEPARTMENT: (A) The present incumbent, Street Superintendent, shall receive nothing as such, as he is employed 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 receive the sum of $265.00 per month, without right, how. ever, to additional compensation for over -time service required to be rendered under the provisions of Paragraphs "6" and "H" of Section 3 of this resolution. 92 (C) The Foreman Mechanic shall receive the sum of $265.00 per month, without right, however, to additional compensation for over -time service required to be rendered under the provisions of Paragraphs "(3" and "H" of Section 3 of this re- solution, (D) Street Department Foremen of the First Class shall receive the sum of $235.00 per month, each. (E) Street Department Foremen of the Second Class shall receive the sum of $225.00 per month each. (F) Street Department Foremen of the third class shall receive the sum of $10.95 per day each, for each day of service. Subdivision 9. PARK DEPARTMENT: (A) The Park Superintendent shall receive the sum of $265.00 per month, without right, however, to additional compensation for over -time service re- quired to be rendered under the provisions of Paragraphs "a" and "H" of Section 3 of this resolution. (B) The Nurseryman shall receive the sum of $225.00 per month. (C) Foremen of the Park Department shall receive the sum of $225.00 per month, each. Subdivision 10. SEWER DEPARTMENT: (A) The Sewer Department Foreman shall receive the sum of $250.00 per month, and in addition thereto shall receive the use of the dwelling house located at 616 W. Imperial Highway in the City of E1 Segundo, California, and free water service thereto, which said premises for accounting purposes are hereby determined to have a rental value of $15.00 per month, including water. The occupant of said premises, however, must pay all other public utility charges 7.. excepting only telephone exchange service which the city will install and maintain at said pre- mises for the proper functioning of said sewer department; 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) Maintenance Man of the Sewer Department shall receive the sum of $230.00 per month. 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 compensation in another depart. ment of the city, and his service as Water Department Superintendent is only incidental and advisory. (B) The Assistant Water Superintendent shall receive nothing as such. (C) Water Department Foremen shall receive the sum of $265.00 each, per month, without right, however, to additional compensation for over -time service re- quired to be rendered under the provisions of Paragraphs "G" and "HO of Section 3 of this resolution. (D) Service men shall receive the sum of $230.00 per month, each. (F) Operators of the Treatment Plant shall receive the sum of $230.00 per month, each. (F) Utility Men of the Water Department shall receive the sum of $10.32 per day each, for each day of service. Subd vision 12., DEPARTMENTAL RELIEF MEN: (A) Departmental Relief Men, first class, shall receive the sum of $225.00 per month, each. (B) Departmental Relief Men, second class, shall receive the sum of $10.32 per day, each, for each day of service. 8- Subdivision 13. PUBLICITY DIRECTOR: The Publicity Director shall receive the sum of $110.00 per month. Subdivision 14. DEPARTMENTAL CLERICAL SERVICE: (A) Departmental Clerks, Senior, shall receive the sum of $220.00 per month, each; Departmental Clerk, Junior, $210.00 per month; Departmental Clerk, Temporary, at the rate of $8.80 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 respective months of service. Subdivision 15. MISOELLANEOUS _ ALL DEPARTMENTS: (A) Janitors, first class, shall receive the sum of $220.00 per month, each. (B) Janitors, second class, shall receive the sum of $9.92 per day, for each day of service. (C) Truck Drivers, first class, shall receive the sum of $225.00 per month, each. (D) Truck Drivers, second class, shall receive the sum of $10.08 per day, for each day of service. (E) Garbage Truck Drivers each $230.00 per month. (F) Garbage Service Men, first class, shall receive the sum of $220.00 per month, each. (G) Garbage Service Men, second class, shall receive the sum of $1.24 per hour each, for each hour of service. (H) Laborers of the first class, shall receive the sum of $210.00 per month, each. (I) Laborers of the second class, shall receive the sum of $1.19 per hour, for each hour of service. 0 (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 $1.26 per hour each, for each hour of service. (L) Carpenters, finish, shall receive the sum of $1.60 per hour for each hour of service. (M) Carpenters, rough, shall receive the sum of $1.26 per hour for each hour of service. (N) Carpenters' Helpers shall receive the sum of $1.19 per hour each, for each hour of service. (0) Cement Finishers shall receive the sum of $1.74 per hour each, for each hour of service. (P) Concrete Mixer Operators shall receive the sum of $1.26 per hour each, for each hour of service. (Q) Foremen, General, shall receive the sum of $1.60 per hour each, for each hour of service. (R) Foremen, Labor, shall receive the sum of $1.26 per hour each, for each hour of service. (S) Machinists, Auto, shall receive the sum of $1.26 per hour each, for each hour of service. (T) Painters, building, shall receive the sum of $1.60 per hour each, for each hour of service. (U) Painters, construction, shall receive the sum of $1.26 per hour each, for each hour of service. (V) Electricians shall receive the sum of $1.82 per hour each, for each hour of service. (W) Tractor Operators shall receive the sum of $1.26 per hour each, for each hour of service. (R) Roller Operators shall receive the sum of $1.26 per hour each, for each hour of service. (Y) Plumbers shall receive the sum of $1.84 per hour each, for each hour of service. 10. Subdivision 16. DIRECTOR OF VETERANS' AFFAIRS DEPARTMENT: The Director of Veterans' Affairs shall receive the sum of $80.00 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: There shall be two pay -roll periods in each calendar month. The first payroll 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 such month. Monthly salaries shall be payable in two equal in.. stallments. 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 succeed- ing 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 render- ed 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 demands 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 11- Treasurer are authorized to deliver the payroll warrants on the last business day immediately pre- ceding 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 regulations relating to hours and periods of service which are hereby established, to.-wit: "RULES AND REGULATIONS RELATING TO HOURS AND PERIODS OF SERVICE" A. Eight hours shall be deemed to constitute a day's 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 employee 12.- 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 interrupt- ion 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 (excepting those to whom these rules and regulations do not apply, as hereinabove or hereinafter set forth) shall render their respective services on a working schedule of eight hours per day and of ten days per each two weeks' period, and in this connection the head of the department or municipal officer or officers under whose jurisdiction 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 re- ferred to in Subdivision "F" of these rules and regulations in any and all cases where such officer 13. W �, 0 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 Sub- division "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 over -time, compensation at one and one - half times his or her regular rate of pay. I. In cases where the regular working schedules of any department or employee do not contemplate regular service on Sundays and holidays any employee re- quired 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 cases where employees in any given classifioa. tion are required to perform service in a classifica- tion 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 din case more than one is specified) prescribed for such higher classification. K. That any employee, with the approval of the head of his or her department, may render voluntary substi. tute service for any other employee, in which case 14. 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 rendering 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 adopting these rules and regulations (as same now exist or may hereafter be amended), no compensation for the period during which such voluntary substitute service is rendered. L. 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. M. EXCEPTIONS: 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: F rst: (a) Elective officers of said city (b) The City Judge (c) 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 (i) The Water Superintendent as all of such officers and heads of departments are required, for the salaries, compensations, 15- remunerations, fees or pay, hereinabove fixed or indicated in this resolution, for their respective offices or employments, 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 re- spective offices and employments. 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 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 hie 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 - served is not a regular over -time time /shift established for such captain by the Chief of Police; or (c) 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 con. olude any other official business which originated during the regularly scheduled shift of such mem- ber immediately prior to the serving of such over -time. 16- 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 incapacitates 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 days contemplated in the Labor Code and Workmen's Compensation 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 dis- ability 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 payments, to -wit: "SCHEDULE OF DISABILITY PAYMENTS" im In cases where such disability is NOT compensable 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 years Percentage of Period of Dis- of service, less time full salary ability for taken for disability: to be paid: which Daid: 1 Year 50% First month 2 Years 100% First month 17.. _a 3 Years 100A First month; 50;6 Second month 4 Years 100% rirst and Second months 5 Years 100% First and Second months; _ 75% Third month 6 Years 100% First, Second and Third Months; 504_ Fourth month 7 Years 100% 254 First four months; Fifth month S Years 100% First five months 9 Years 100% First five months 75 Sixth month 10 Years 100,4 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 number 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 payments T-2 have been theretofore received by such employee. The result. ing figures shall be the period of disability for which compensation is to be paid hereunder. Any employee who has used either all or a part of his or her disability time or credit referred to in the right -hand column of the foregoing schedule will be permitted to build up or re- accumulate 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 as aforesaid. II. In cases where such disability IS oompensable 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 Workmen'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'a Compensation Laws (exclusive of medical, surgical, hospitalization, appliances, or similar items of costs). Payments of such amounts shall be made for periods as indicated In the following chart: 19- Employee's complete years of service, less time taken Period if Disability for disability: for which paid: 1 Year First 1/2 month following the so- called waiting period provided in said Workmen's Compensation Laws. 2 Years First 1 month following said waiting period 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 20- 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 provisions of this Division II will be permitted to build up or accumulate additional time by additional service at the rate contemplated in the foregoing schedule, taking into consideration his or her completed years of service computed as aforesaid (B) The City Clerk in preparing demands for com. pensation under the provisions of the foregoing subdivision °An 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 re- eeived 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 varity of reasons and causes, such, for example, as delays which may occur in the fixing of compensation amounts in Industrial Accident cases; the failure of the employee to monthly or promptly receive his Workmen's Compensation allowances, etc. etc. In all such cases the city shall be under no obligation to make to the employee the payments provid5d 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 provisions hereof, and the City Council reserves the right to consider such problems and to determine the same and make such adjust- ments and orders as may be necessary and proper in the premises. 21. (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. 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 employee 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 Council, forfeit any further rights to receive disability benefits or coma. 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 other- wise be confidential; provided, however, that the same may be introduced in evidence in any action or proceeding relative to the subject of sickness, illness, injury or disability of the patient or person referred to therein, and such physician 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 22_ t 5_? with said city, by aceepLing such employment and render. ing 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 provided by law, each officer and employee regularly em. ployed in the service of said city shall be entitled to and shall 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 service. All vacations shall be taken at such times as are agreeaole 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. SECTION 7. SPECIAL VACATIONS FOR PERSONS RETURNING TO CITY SERVICE AFTER MILITARY SERVICE: It is provided that notwithstanding any other provision or provisions of this resolution to the con- trary, that any officer or employee of the City of E1 Segundo who was granted leave of absence in order to serve in or with the military forces of the United States of America, and who returns to and is reinstated in his office or employment for said city, shall be entitled to receive, and there is hereby granted to such officer or e *-19 @lN *9t employee, a special vacation of two weeks with full pay, in consideration of his or her military service and the service rendered said city and its citizens in that capacity. Such special vacation may, with the consent of the department head (or of the City Council in the case of a department head), be taken at any time during the first or second years after such return of such officer or employee to the service of said city. Any employee who desires to combine such special vacation with any regular earned vacation, which said employee may have earned subsequent to his or her return to city service, may do so, provided he or she is not absent from city service as a result of such combined vacation for a period longer than four weeks. Nothing herein contained shall be construed as depriving any such officer or employee from earning and accumulating his or her regular earned vacations after return to municipal service, as contemplated under the other provisions of this resolution. SECTION 8. Notwithstanding any other provision or provisions of this resolution to the contrary, that as of and on and after February 16, 1947 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 honorably 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 El Segundo without loss of status, seniority 24.. or rating, to the office or position held by them prior to entry into such Federal service, or to positions of like seniority and status, unless in the meantime such offices or positions shall have been abolished; provided, however, that the application 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 9. 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 resolution 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 10. Any increase of compensation of any officer or employee provided by this resolution, over and above compensation which was payable to air officer or employee, as such, immediately prior to the taking effect of this resolution, shall be construed to be, and shell be, an increase granted and made due to increased costs of living only, and all officers and employees are put on notice that such increases may be withdrawn in whole or in part by the City Council in its discretion at any time as to any officer or officers, or employee or employees. 25- i SECTION 11. That Resolution No. 812, entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING THE COMPENSATION OR PAY OF VARIOUS MUNICIPAL Or'FICERS AND EMPLOYEES OF SAID CITY, AND REPEALING ALL RESOLUTIONS AND ORDERS AND PARTS OF RESOLUTIONS AND ORDERS IN CONFLICT THEREWITH. ", passed and adopted on the 27th day of February A. D., 1946, and all resolutions amending said Resolution No. 812, and all resolutions and orders of the City Council of the City of El 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 insofar as the same conflict with the provisions hereof. SECTION 12. That this resolution and the provisions thereof, shall become, be and remain, effective as of, and at, on and after midnight, on the 15th day of February, 1947. SECTION 13. That in all cases 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. SECTj.ON 14. 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 26. 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 11th day of February, A. D., 1947. MtZ e� I Mayor of the City tgundo, California. STATE OF CALIFORNIA, ) ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. I, Victor D. McCarthy, City Clerk of the City of E1 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. 971, 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 11th day of February, A. D., 1947, and that the same was so passed and adopted by the following vote: AYES; NO P-5 t ABSENT (SEAL) Councilmen Baker, Peterson, Councilmen None; Councilman 5k6lley. Thompson and Mayor Selby; 27.