SEC. 2-1001. AUTHORITY:
This Part is adopted pursuant to the powers of the City Council under Article
IV, of the Stockton City Charter and the management rights and other applicable
clauses of the Memorandum of Understanding between the City of Stockton and the
SPOA dated July 22, 1986, as continued by operation of law as terms and conditions
of employment.
(Added by Ordinance 001-93-C.S. — Effective Jan. 1, 1993)
SEC. 2-1002. DEFINITIONS:
(a) WORK STOPPAGE, SICK-OUT, or BLUE FLU: Individual or concerted absences
by employees on the pretext of sickness designed to withhold the collective
services of City employees from City in essential services on an erratic
or unpredictable basis.
(b) ADMINISTRATIVE UNPAID ABSENCE: An absence by an employee from work whether
from the regular schedule or from work ordered by the City Manager or department
head in response to the erratic attendance of an employee engaged in disruptive
intermittent work stoppage, and causing substantial interference with departmental
operations, resulting in a threat to the public safety and the safety and security
of the workplace.
(c) DEPARTMENT HEAD: The City Manager and Chief of Police as well as any person
acting on behalf of either individual.
(Added by Ordinance 001-93-C.S. — Effective Jan. 1, 1993)
SEC. 2-1003. ADMINISTRATIVE UNPAID ABSENCE STATUS:
Under the following circumstances, department heads shall place employees on
administrative unpaid absence status:
(a) The employee is engaged in an intermittent work stoppage, sick-out, or
blue flu;
(b) The department head concludes that the intermittent work stoppage, sick-out,
or blue flu substantially impairs the operation of his or her department, including
any division, section, or unit; and
(c) The department head has issued a verbal or written warning to the employee
that he or she will be placed on administrative unpaid absence status if his
or her erratic attendance continues for reasons relating to the intermittent
work stoppage, sick-out, or blue flu.
The employee shall remain on administrative unpaid absence status until he
or she submits in good faith a written statement requesting a return to pay
status and assuring the department head that he or she will, from that date
forward, report to work on a regular basis except for reasons authorized by
the City. Failure of the employee to abide by this assurance may constitute
grounds for disciplinary action and/or placement again on administrative unpaid
absence status.
(Added by Ordinance 001-93-C.S. — Effective Jan. 1, 1993)
SEC. 2-1004. NON-DISCIPLINARY NATURE OF ACTION:
Placement of an employee on administrative unpaid absence status is not and
shall not be construed as per se discipline. However, such action shall not
preclude the imposition of discipline by the department head for the same
conduct falling within the purview of this Part.
(Added by Ordinance 001-93-C.S. — Effective Jan. 1, 1993)
SEC. 2-1005. POSTING:
All department heads are directed to post a copy of this ordinance in their
respective work sites immediately.
(Added by Ordinance 001-93-C.S. — Effective Jan. 1, 1993)
SEC. 2-1006. SEVERABILITY:
If any section, subsection, paragraph, sentence, clause, phrase, or word of
this ordinance is declared by a court of competent jurisdiction, adjudicated
to a final determination, to be void, this City Council finds that said voided
part is severable, and that this City Council would have adopted the remainder
of this Part without the severed and voided part, and that the remainder
of this Part shall remain in full force and effect.
(Added by Ordinance 001-93-C.S. — Effective Jan. 1, 1993)
Stockton,
CA 
