HomeMy WebLinkAbout07 PERSONNEL RULES REVISION~1TY O~
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AGENDA REPORT
Agenda Item ~_
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: SEPTEMBER 21, 2010
TO: WILLIAM HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: PERSONNEL RULES REVISION
SUMMARY
Minor revisions are needed to update the City's Personnel Rules.
RECOMMENDATION
Adopt Resolution No. 10-94 to update and revise the City's Personnel Rules.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
The Personnel Rules outline a wide variety of policies and procedures that affect various
City employees and officials, from hiring and compensation issues to disciplinary matters
and standards of conduct. Since the Personnel Rules were last revised in July 2009, staff
has identified a number of minor areas requiring an update. The primary changes are the
addition of the City's existing standalone Communication Equipment Policy and the
incorporation of the City's new network password policy, which establishes rules to ensure
user security. Additionally, the policy on General Leave accrual has been revised to
conform to the language in the memoranda of understanding and salary resolutions that
were approved earlier this year. Other revisions involve modifying language for improved
clarity, correcting clerical errors, and adding information that was inadvertently left out in the
previous revision.
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Kris i Recchia
Director of Human Resources
Attachments:
1. City Council Resolution No. 10-94
2. City of Tustin Personnel Rules
RESOLUTION NO. 10-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REVISED
PERSONNEL RULES OF THE CITY OF TUSTIN
WHEREAS, the Personnel Rules of the City of Tustin ("City") were last adopted
by the City Council by Resolution No. 09-40 on July 7, 2009; and
WHEREAS, it is desirable and appropriate to revise the Personnel Rules in their
entirety to update and consolidate relevant policies and procedures;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, does hereby resolve that the revised Personnel Rules of the City of
Tustin, dated September 21, 2010, are hereby approved and incorporated herein.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 21st day of September 2010.
JERRY AMANTE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
Resolution 10-94
Page 1 of 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-94 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day
of September 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 10-94
Page 2 of 2
CITY OF TUSTIN
Personnel Rules
Adopted by City Council
Resolution #10-94
TABLE OF CONTENTS
SECTION 1. MERIT PERSONNEL SYSTEM ........................................................................................ 1
A. Merit System Principles ....................................................................................................... 1
B. Purpose of Personnel Rules ................................................................................................. 1
1. Objectives ..................................................................................................................... 1
2. Employment Standards ................................................................................................ 1
3. City Responsibility to Employees .................................................................................. 1
4. Promotion and Training of Employees ......................................................................... 2
C. Equal Employment Opportunity .......................................................................................... 2
D. Violation of Rules ................................................................................................................. 2
E. Personnel Officer ................................................................................................................. 2
F. Amendment and Revision of Rules ...................................................................................... 3
G. Administrative Rules ............................................................................................................ 3
H. Application of Personnel Rules ............................................................................................ 3
I. Employment of Relatives ..................................................................................................... 4
J. Conflicting Rules ................................................................................................................... 4
1. Memorandum of Understanding ................................................................................. 4
2. State Law ...................................................................................................................... 5
K. Not a Contract ...................................................................................................................... 5
SECTION 2. DEFINITION OF TERMS ................................................................................................ 6
SECTION 3. CLASSIFICATION PLAN ............................................................................................... 12
A. Purpose .............................................................................................................................. 12
B. Preparation of Plan ............................................................................................................ 12
C. Adoption of Plan ................................................................................................................ 12
D. Allocation of Positions ....................................................................................................... 12
E. New Positions .................................................................................................................... 12
F. Reclassification ...................................................................................................................12
G. Use of Classification Titles ................................................................................................. 13
H. Use of Class Specifications ................................................................................................. 13
I. Use of Classification Plan ................................................................................................... 13
J. Working Out-of-Class ......................................................................................................... 13
K. Changes to Class Specifications ......................................................................................... 14
SECTION 4. COMPENSATION PLAN .............................................................................................. 15
A. Preparation of Plan ............................................................................................................ 15
B. Adoption of Plan ................................................................................................................ 15
C. Format of Plan .................................................................................................................... 15
D. Meet and Confer Process ................................................................................................... 15
SECTION 5. SALARY ADMINISTRATION ........................................................................................ 16
A.
B.
C.
D,
E.
F.
G.
H.
I.
J.
Application of Rates ........................................................................................................... 16
Basis of Compensation ....................................................................................................... 16
1. Full-time Regular, Probationary, and Acting Appointments ...................................... 16
2. Other Appointments ................................................................................................... 16
Salary Review Dates ........................................................................................................... 16
Entrance Salary Rates ........................................................................................................ 16
1. General .......................................................................................................................16
2. Temporary Appointees ............................................................................................... 17
Merit Increase within the Salary Range ............................................................................. 17
Salary Range Increase ........................................................................................................ 17
Salary in Other Instances ................................................................................................... 17
1. Special Salary Adjustments ......................................................................................... 17
2. Salary on Promotion ................................................................................................... 18
3. Salary on Demotion .................................................................................................... 18
4. Salary on Transfer ....................................................................................................... 19
Overtime ............................................................................................................................ 19
1. Full-time Regular and Probationary Employees .....................................:................:.. 19
2. Other Employees ........................................................................................................ 19
Additional Compensation .................................................................................................. 19
Emergency Cash-Out of Accrued Leave ............................................................................. 20
1. Purpose .......................................................................................................................20
2. Definition .................................................................................................................... 20
3. Policy ...........................................................................................................................20
4. Procedure ................................................................................................................... 21
SECTION 6. RECRUITMENT AND SELECTION ................................................................................ 22
A.
B.
C.
D.
E.
Applications ........................................................................................................................ 22
Rejection of Applications ................................................................................................... 22
Examinations ...................................................................................................................... 22
1. Recruitment and Examination Type ........................................................................... 22
2. Examination Scores ..................................................................................................... 23
3. Notification ................................................................................................................. 23
4. Disqualification ........................................................................................................... 23
Employment Lists (Eligible Lists) ........................................................................................ 23
1. Open and Promotional Employment Lists .................................................................. 23
2. Re-Employment Lists .................................................................................................. 23
3. Removal of Names ...................................................................................................... 23
Types of Appointment ....................................................................................................... 24
1. Eligibles Available ....................................................................................................... 24
2. Provisional Appointment ............................................................................................ 24
3. Project Appointment .................................................................................................. 24
4. Emergency Appointment ............................................................................................ 24
5. Temporary Assignment .............................................................................................. 25
6. Contract Appointment ................................................................................................ 25
F. Additional Selection Criteria .............................................................................................. 25
1. Pre-employment Review ............................................................................................ 25
2. Job Offer ..................................................................................................................... 25
3. Veterans' Preference .................................................................................................. 25
SECTION 7. PROBATIONARY PERIOD ........................................................................................... 26
A. Length of Probationary Period ........................................................................................... 26
B. Objective of Probationary Period ...................................................................................... 26
C. Promotional Probationary Period ...................................................................................... 26
D. Rejection of Probationary Employee ................................................................................. 26
1. Rejection of Probationary Employee .......................................................................... 26
2. Rejection of Promotional Probationary Employee ..................................................... 27
E. Extension Due to Leave of Absence ................................................................................... 27
SECTION 8. ATTENDANCE &LEAVES ............................................................................................ 28
A. Attendance .........................................................................................................................28
1. Timekeeping ...................................:.....:...............................:.....................................'28
2. Reporting of Absences ................................................................................................ 28
3. Job Abandonment ...................................................................................................... 28
B. Work Schedules ................................................................................................................. 28
C. Continuous Service Requirements ..................................................................................... 29
D. Approval of Leaves ............................................................................................................. 29
E. General Leave .................................................................................................................... 29
1. Accrual Rates .............................................................................................................. 29
2. Maximum Accumulation ............................................................................................ 29
3. Time of Leave .............................................................................................................. 29
4. Holiday Within a Leave Period ................................................................................... 30
5. Pro-Rated Accrual While on Unpaid Status ................................................................ 30
6. Pay in Lieu of Leave .................................................................................................... 30
7. Use of Leave at Time of Separation ............................................................................ 30
8. Payoff at Separation ................................................................................................... 30
F. Holidays ..............................................................................................................................30
1. Eligibility ......................................................................................................................30
2. Work on a Holiday ...................................................................................................... 30
G. Disability Leaves ................................................................................................................. 31
1. Industrial Disability Leave (Workers' Compensation Leave ....................................... 31
2. Pregnancy Disability Leave ......................................................................................... 33
3. Short-Term /Long-Term Disability Leave ................................................................... 35
H. Family Care and Medical Leave (FMLA/CFRA Leave) ......................................................... 35
1. Policy ...........................................................................................................................35
2. Definitions ...................................................................................................................35
3. Reasons for Leave ....................................................................................................... 39
4. Eligibility for Leave .................................................:.................................................... 39
5. Amount of Leave ......................................................................................................... 40
6. Flexible Benefits During Leave .................................................................................... 40
7. Concurrent Use of Accrued Paid Leave ...................................................................... 41
8. Certification ................................................................................................................ 42
9. Employee Notice of Leave .......................................................................................... 44
10. Reinstatement upon Return from Leave .................................................................... 44
11. Required Documentation ........................................................................................... 45
I. Other Leaves of Absence ................................................................................................... 45
1. Bereavement Leave .................................................................................................... 45
2. Medical Emergency /Catastrophic Leave .................................................................. 46
3. Military Leave ............................................................................................................. 49
4. Jury Duty Leave ........................................................................................................... 50
5. Family Sick Leave (KinCare Leave) .............................................................................. 51
6. Leave to Participate in Child's School or Child Care Activities ................................... 51
7. Leave for Victims of Domestic Violence and Sexual Assault ...................................... 51
8. Special Leaves with and without Pay ......................................................................... 52
9. Time Off to Vote ......................................................................................................... 52
SECTION 9. EMPLOYEE STATUS CHANGES .................................................................................... 53
A. Transfer ..............................................................................................................................53
1. Voluntary Transfer ...................................................................................................... 53
2. Involuntary Transfer ................................................................................................... 53
B. Promotion .......................................................................................................................... 53
C. Demotion ........................................................................................................................... 53
1. Involuntary Demotion ................................................................................................ 53
2. Voluntary Demotion ................................................................................................... 53
D. Suspension ......................................................................................................................... 54
E. Reduction in Salary ............................................................................................................ 54
F. Reinstatement ....................................................................................................................54
SECTION 10. SEPARATION FROM SERVICE ................................................................................... 55
A. Discharge or Dismissal ....................................................................................................... 55
1. At-Will Employees ...................................................................................................... 55
2. Regular Employees ..................................................................................................... 55
B. Layoff ..................................................................................................................................55
1. Authority to Lay Off .................................................................................................... 55
2. Definitions ...................................................................................................................55
3. Designation of Positions for Layoff ............................................................................. 55
4. Order of Layoff ............................................................................................................ 56
5. Bumping Rights ........................................................................................................... 56
6. Severance Assistance .................................................................................................. 56
7. Re-Employment List .................................................................................................... 57
8. Re-employment ..........................................................................................................57
9. Notices ........................................................................................................................58
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10. Displacement of Part-Time Employee ........................................................................ 58
11. No Appeal ................................................................................................................... 58
C. Resignation .........................................................................................................................58
D. Disability .............................................................................................................................59
1. Policy ...........................................................................................................................59
2. Procedure ................................................................................................................... 59
E. Retirement .........................................................................................................................60
F. Disability Retirement ......................................................................................................... 60
1. Local Miscellaneous Retirement Plan ......................................................................... 60
2. Local Safety Retirement Plan ...................................................................................... 60
SECTION 11. GRIEVANCES ............................................................................................................ 61
A. Policy ..................................................................................................................................61
1. Eligibility ......................................................................................................................61
2. Definition .................................................................................................................... 61
3. Exclusions from the Grievance Procedure ................................................................. 61
B. Procedure ...........................................................................................................................62
C. Settlement .:....:.....................................:. ............................: 63
..............................................
D. Representation .................................................................................................................. 63
E. Delegation .......................................................................................................................... 63
SECTION 12. DISCIPLINE ...............................................................................................................64
A. Policy Coverage .................................................................................................................. 64
B. Causes for Discipline .......................................................................................................... 64
C. Disciplinary Administrative Leave ...................................................................................... 66
D. Types of Discipline ............................................................................................................. 66
1. Counseling .................................................................................................................. 66
2. Verbal Admonishment or Reprimand ........................................................................ 66
3. Written Admonishment or Reprimand ...................................................................... 67
4. Suspension .................................................................................................................. 67
5. Reduction in Salary ..................................................................................................... 67
6. Demotion .................................................................................................................... 67
7. Discharge .................................................................................................................... 68
E. Skelly Process ..................................................................................................................... 68
1. Notice of Intent to Discipline ...................................................................................... 68
2. Employee's Response and the Skelly Conference ...................................................... 68
3. Final Notice of Discipline ............................................................................................ 69
F. Evidentiary Appeal to the City Manager ............................................................................ 69
1. Request for Appeal Hearing ....................................................................................... 69
2. Hearing Officer ............................................................................................................ 69
3. Date and Time of the Appeal Hearing ........................................................................ 70
4. Identification of Issues, Witnesses and Evidence ....................................................... 70
G. Conduct of the Appeal Hearing .......................................................................................... 70
1. Subpoenas .................................................................................................................. 70
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2. Record of the Proceedings ......................................................................................... 70
3. The Hearing Officer's Authority During the Hearing .................................................. 70
4. Conduct of the Hearing .............................................................................................. 71
5. Burden of Proof at the Hearing .................................................................................. 71
6. Right to Due Process ................................................................................................... 71
7. Presentation of Case ................................................................................................... 72
8. Written Briefs by the Parties ...................................................................................... 72
9. Written Findings and Decision .................................................................................... 72
10. Proof of Service of the Written Findings and Decision .............................................. 73
11. Statute of Limitations ................................................................................................. 73
SECTION 13. TRAINING AND EDUCATION REIMBURSEMENT ...................................................... 74
A. Training .............................................................................................................................. 74
B. Textbook and Tuition Reimbursement .............................................................................. 74
1. Policy ..............:............................................................................................................74
2. Procedure ................................................................................................................... 74
SECTION 14.. PERSONNEL RECORDS ............................................................................................. 76
A. Personnel Files ................................................................................................................... 76
1. Maintenance of Personnel File ................................................................................... 76
2. Employee Access to Personnel Files ........................................................................... 76
B. Additional Employee Files .................................................................................................. 76
C. Changes in Employee Status .............................................................................................. 76
D. Changes in Personal Information ....................................................................................... 77
E. Destruction of Records ...................................................................................................... 77
F. Release of Personnel Information ..................................................................................... 77
1. Public Information ...................................................................................................... 77
2. Reference Checks and Employment Verification ....................................................... 77
SECTION 15. ADDITIONAL BENEFITS ............................................................................................ 78
A. Retirement .........................................................................................................................78
B. Flexible Benefits Plan ......................................................................................................... 78
C. Life Insurance ..................................................................................................................... 78
D. Retiree Medical Insurance ................................................................................................. 78
E. Other Benefits .................................................................................................................... 78
SECTION 16. STANDARDS OF CONDUCT ...................................................................................... 79
A. Code of Ethics .................................................................................................................... 79
B. Gifts and Gratuities ............................................................................................................ 80
C. Political Activity .................................................................................................................. 80
D. Outside Employment ......................................................................................................... 81
1. Approval Process ........................................................................................................ 81
2. Restrictions ................................................................................................................. 81
3. Revocation .................................................................................................................. 81
[vi]
E. Alcohol and Drug Abuse ..................................................................................................... 81
1. Purpose ..................................................................................................................... ..81
2. Policy ......................................................................................................................... ..82
3. Application ................................................................................................................ ..83
4. Management Responsibilities and Guidelines ......................................................... .. 83
5. Employee Responsibilities ........................................................................................ .. 84
6. Drug and/or Alcohol Analysis Process ...................................................................... .. 85
7. Results of Drug and/or Alcohol Analysis .................................................................. .. 87
8. Confidentiality .......................................................................................................... .. 87
9. Department of Transportation Anti-Drug and Alcohol Misuse Prevention Program 88
F. Harassment, Discrimination and Retaliation ................................................................... .. 88
1. Purpose ..................................................................................................................... ..88
2. Policy ......................................................................................................................... ..88
3. Policy Coverage ......................................................................................................... .. 89
4. Definitions ................................................................................................................. ..89
5. Romantic and/or Sexual Relationships between Supervisors and Subordinates ...... 90
6. Reporting Procedure .................................................................................................. 90
7. Exceptions ...................................................................................................................90
8. Retaliation Prohibited ............................:.................................................................... 91
G. Dress Code ....................................................................................................................... .. 91
1. General Guidelines ..................................................................................................... 91
2. Departmental Standards ............................................................................................ 92
H. Workplace Violence and Weapons .................................................................................... 92
1. Purpose .......................................................................................................................92
2. Affected Individuals .................................................................................................... 92
3. Policy ...........................................................................................................................92
4. Prohibited Conduct ..................................................................................................... 93
5. Reporting Procedures ................................................................................:................ 94
6. Risk Reduction Measures ........................................................................................... 94
I. Information System ........................................................................................................... 95
1. Purpose .......................................................................................................................95
2. Definition .................................................................................................................... 95
3. Policy ...........................................................................................................................95
J. Internet Use ..................................................................................................................... .. 97
1. Purpose ..................................................................................................................... ..97
2. Scope and Applicability ............................................................................................... 97
3. Acceptable Use ........................................................................................................... 98
4. Unacceptable Use ....................................................................................................... 99
5. Violations and Enforcement ..................................................................................... 101
K. Communication Equipment ............................................................................................. 101
1. Purpose ..................................................................................................................... 101
2. General Provisions .................................................................................................... 101
3. General Telephone Usage ........................................................................................ 102
4. Cellular Telephones, Smartphones, and Pagers ....................................................... 102
5. City-Issued Cell Phone / Smartphone Features ........................................................ 108
[vii]
6. Damage, Theft, or Loss of City-Issued Equipment ................................................... 109
7. No Expectation of Privacy ......................................................................................... 109
8. Personal Phones in the Workplace ........................................................................... 109
9. Hands-Free Phone Use While Driving ....................................................................... 109
10. Return of City-Issued Equipment ............................................................................. 110
SECTION 17. EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS ............................................ 111
A. Purpose ............................................................................................................................ 111
B. Employee Rights ............................................................................................................... 111
C. Management Rights ......................................................................................................... 111
D. Meet and Confer in Good Faith ....................................................................................... 111
E. Consult or Consultation in Good Faith ............................................................................. 112
F. Advance Notice ................................................................................................................ 112
G. Filing of Recognition Petition ........................................................................................... 112
H. City Response to Recognition Petition ............................................................................. 113
I. Open Period for Filing Challenging Petition ..................................................................... 114
J. Recognition of Organizations ........................................................................................... 114
K. Election Procedure ................:......................................:..:. • .............
.................................. 115
L. Appropriate Unit .............................................................................................................. 115
M. Procedure for Modification of Established Appropriate Units .................................... 116
N. Procedure for Processing Severance Requests ................................................................ 117
O. Appeals ............................................................................................................................. 117
P. Designation of City's Principal Representative ................................................................ 117
Q. Resolution of Impasse ...................................................................................................... 117
1. Definition .................................................................................................................. 117
2. Procedure ................................................................................................................. 118
3. Initiation of Impasse Procedure ............................................................................... 118
4. Fees and Expenses .................................................................................................... 118
5. City Council Action .................................................................................................... 119
R. Memorandum of Understanding ..................................................................................... 119
S. Rules and Regulations ...................................................................................................... 119
INDEX .......................................................................................................................................... 120
[viii]
SECTION 1. MERIT PERSONNEL SYSTEM
A. Merit System Principles
The City of Tustin (City) has established a personnel management system consistent with
the following merit system principles:
1. Institute equitable and uniform procedures for managing personnel matters;
2. Attract the most competent workforce available to municipal service;
3. Ensure that appointment and advancement of employees are based on merit and
ability; and
4. Provide reasonable job security for merit system employees.
B. Purpose of .Personnel Rules
1. Objectives
These Personnel Rules (Rules) are designed to facilitate efficient and economical
service to the public and provide a fair and equitable system of personnel
management in the municipal government. These Rules set forth policies and
procedures to ensure similar treatment for those who compete for original and
promotional employment and define certain obligations, rights, privileges, benefits
and prohibitions which are placed upon all City merit system employees.
2. Employment Standards
The City Council and the citizens of the City of Tustin have the right to expect that
the City will employ the best qualified individuals available; that the tenure of every
City employee will be based on a demonstrated need for the work performed,
availability of funds, faithful and effective performance, proper personal conduct,
and continuing qualifications for the position; and that each employee will be
encouraged, trained, and developed to ensure optimum performance.
3. City Responsibility to Employees
Each merit system employee has the right to expect to be fully informed of his/her
duties and responsibilities; to be provided with adequate administrative and
supervisory direction; to be informed of his/her level of job performance; that
promotions will be made on the basis of merit and ability; that progressively
improved work performance over an extended period will be recognized and
rewarded; that incompetence will not be tolerated; and, after acquiring regular
[1]
status, to not be subject to suspension, demotion, reduction in salary, dismissal or
other disciplinary action without just cause.
4. Promotion and Training of Employees
The City will endeavor to promote from within the City service to fill openings
whenever possible, and to provide employees with the training necessary to develop
the skills required to qualify for promotional opportunities within normal and/or
related career lines.
C. Equal Employment Opportunity
No person applying for employment with the City or employed by the City shall be
discriminated against by reason of his/her actual or perceived age, ancestry, citizenship
status, color, creed, disability (mental or physical), exercise of rights relating to Family Care and
Medical Leave, gender identity, marital status, medical condition, national origin, political
affiliation (or political beliefs), pregnancy, race, religion, sex, sexual identity, sexual orientation
(heterosexuality, homosexuality, or bisexuality), veteran status, or any other classification
protected by law.
D. Violation of Rules
Violation of a provision(s) of these Rules shall constitute grounds for disciplinary action
including, but not limited to, dismissal, rejection, demotion, reduction in salary, suspension,
or written reprimand. A violation shall not make disciplinary action mandatory, but shall be
considered as appropriate in view of all the circumstances.
E. Personnel Officer
The Personnel Officer of the City is the City Manager. The City Manager may delegate any
personnel powers or duties to another employee of the City, or may recommend to the City
Council that certain personnel powers or duties be performed under contract by a qualified
individual or firm. The City Manager shall:
1. Prepare and recommend to the City Council, personnel rules and revisions thereto.
2. Administer the provisions of the City's merit system not specifically reserved to the City
Council.
3. Appoint all department heads and employees of the City, except the City Clerk, City
Treasurer, and the City Attorney, provided that the City Manager may delegate to any
other department head or employee the authority to hire or discharge any employees.
121
F. Amendment and Revision of Rules
The City Council may amend these Personnel Rules by resolution with not less than five (5)
days notice to employees. Employees at the Council meeting shall be given an opportunity
to present their support or objection to the proposed rules.
G. Administrative Rules
These Personnel Rules do not preclude the City Manager or individual City departments
from developing and administering supplemental personnel rules as long as they do not
conflict with these Rules, other Council resolutions and ordinances, or existing laws.
H. Application of Personnel Rules
The provisions of these Personnel Rules shall apply to all merit system employees. Except as
described below, these Rules do not apply to the following employees or officials:
1. Elected City Council Members.
2. Elected City Clerk.
3. Members of appointive boards, commissions, committees and agencies (unless they are
also regular City employees).
4. City Manager.
5. City Attorney.
6. City Treasurer.
7. Persons engaged under contract to supply expert professional, technical or other
services (e.g. contractors or consultants).
8. Volunteer personnel (who are not also regular City employees).
9. Emergency employees who are hired to meet the immediate requirements of an
emergency condition which threatens life or property, such as extraordinary fire, flood,
or earthquake.
10. Temporary employees hired to fill a full-time or part-time position for a limited period of
time.
11. Part-time employees appointed at-will (non-benefitted).
12. Reserve police officers.
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13. Project employees hired for a specific project or special assignment.
The provisions of Section 16 of these Rules (Standards of Conduct) and Section 1.1
(Employment of Relatives) apply to all employees and officials of the City regardless of
whether the individual is included in one of the thirteen (13) groups listed above or in the
merit system.
I. Employment of Relatives
These Rules shall not prohibit the employment or assignment of relatives in the same or
different department except as outlined below. For the purpose of this section, a "relative"
shall be defined as any person who is a relative by blood, marriage, or domestic partnership
within the third degree, as defined in these Rules. Specifically, a relative is a spouse,
domestic partner, parent, grandparent, great grandparent, child, grandchild, great
grandchild, sibling, niece, nephew, aunt, or uncle (including step, adoptive and in-law
relatives).
1. No person who is a relative of any City Council member, the City Manager, any
department head or any other individual having appointive power shall be appointed to
a paid position within the City service.
2. No relatives shall be employed in positions where one has supervisory responsibility
over the other or where both would report to the same supervisor.
3. No relatives shall be employed in positions where one would have access to confidential
and privileged information concerning the other. Upon recommendation of the
department head (s), exceptions to this rule may be granted by the City Manager,
where, in the judgment of the City Manager, the access to confidential and privileged
information would not be detrimental to City operations.
4. In the case of a violation of this rule, remedy may be sought through transfer or
demotion within the City service or termination of one party, as recommended by the
department head. All actions intended to remedy violations of this section are subject
to the review and approval of the City Manager.
J. Conflicting Rules
1. Memorandum of Understanding
Where a conflict exists between items stated in a provision of these Rules and an
applicable adopted memorandum of understanding (MOU) with a recognized majority
representative, to the extent of such conflict, the memorandum of understanding shall
prevail.
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2. State Law
Where a conflict exists between items stated in these Rules and existing California state
law, the state statutes shall prevail.
K. Not a Contract
These Rules do not create any contract of employment, either expressed or implied, or any
rights in the nature of a contract.
[5]
SECTION 2. DEFINITION OF TERMS
Unless the context indicates otherwise, the following terms, whenever used in these Rules,
shall be defined as follows:
1. Acting Appointment -the appointment for a limited period of a person who is already a
probationary or regular employee to a position in a higher class for which there is no
employment list, or which is temporarily vacant due to a suspension, demotion,
termination, or authorized leave of absence.
2. Acting Pay -additional compensation for temporary assignment to a position in a higher
classification.
3. Administrative Leave -paid leave of absence provided to employees who are exempt
from overtime under the Fair Labor Standards Act (ELBA) employees or initiated by the
City related to disciplinary actions.
a. Disciplinary Administrative Leave: a temporary leave of absence with pay
initiated by the City during a disciplinary action proceeding or investigation. This
leave does not accrue and, when used, is not charged against any leave balance.
b. Exempt Administrative Leave: paid time off provided as a benefit to FLSA-exempt
employees in lieu of overtime compensation as recognition that such employees
may be required periodically or routinely to work long or irregular hours, and to
attend various meetings and functions outside of normal business hours to fulfill
their responsibilities. Typically, this type of leave is referred to simply as
"Administrative Leave." Additional provisions can be found in the applicable
salary resolution and/or memorandum of understanding.
4. Advancement - a salary increase of one or more steps within the limits of the pay range
established for a classification.
5. Allocation -the assignment of a single position to the proper classification in
accordance with the specifications for that class.
6. Applicant - an individual who has completed and submitted a formal application for
employment with the City, in accordance with established procedures.
7. Appointing Authority -the City Manager or his/her designee, who has the final
authority to appoint or remove a person to or from a position of employment within the
City service. The City Council is the appointing authority for the City Manager, City
Attorney, and City Treasurer.
[6]
8. Appointment -the offer and acceptance of a position in the City service, either on a
regular or at-will basis.
9. At-Will -the status of those employees who serve at the pleasure of the appointing
authority and may be dismissed without cause or right of appeal. This includes the City
Manager, City Attorney, emergency employees, project employees, temporary
employees, part-time (non-benefitted) employees, reserve police officers, volunteer
personnel and contract employees (as specified in the contract), as well as employees
serving an original probationary period.
10. Calendar Day - a 24-hour day as listed on the calendar.
11. Class Specification - a written description of a classification, setting forth factors and
conditions which are essential characteristics of positions in the classification.
12. Classification or Class - a group of positions with sufficiently similar duties,
responsibilities, authority, and minimum qualifications for employment to permit
combination under a common title and equitable application. of common standards,of
selection, compensation, transfer, and promotion.
13. Classification Series - A group of two or more iob classifications that are closely related
in duties and where the differences involve required education and experience,
complexity, degree of responsibility and other similar factors. A class series typically
includes entry, iourney, and/or advanced iourney level classes.
14. Compensation Plan -the assignment by the City Council of salary ranges to each class,
normally included in the annual City Budget.
15. Compensatory Time Off -time off from work in lieu of monetary payment for overtime
work.
16. Continuous Service -the employment without an uncredited break or interruption of
service of an employee in a probationary or regular status.
17. Contract Employee - an employee hired by written agreement with the City for a
specific term and under conditions wholly contained within the employment
agreement. The City Manager is a contract employee.
18. ~ - a calendar day unless specified as a working day.
19. Demotion -the voluntary or involuntary change in status of a regular employee from a
position in one classification to a position in another classification having a lower
maximum rate of pay.
20. Discharge or Dismissal -the involuntary separation of an employee from City service.
[~l
21. Eli ible - a person whose name is on an eligible list or employment list.
22. Eligible List or Employment List - a list of individuals qualified for employment in a
classification.
a. Open Employment List: a list of names of persons who have taken an open
competitive examination for a class and have qualified.
b. Promotional Employment List: a list of names of persons who have taken a
promotional examination for a class and have qualified.
c. Re-Employment List: a list of names of qualified regular and probationary employees
who have been laid off.
23. Emergency Appointment - an employee hired for the period of an emergency. An
emergency employee serves at-will.
24. Employee - an individual who is legally employed by the City and is compensated
through the City payroll.
25. Examination -the process by which the Human Resources Department determines the
qualifications of applicants for employment in a classification.
a. Open Competitive Examination: an examination for a particular classification which
is open to all individuals meeting the minimum qualifications for the class.
b. Promotional Examination: an examination for a particular classification which is
limited to City employees who meet the minimum qualifications of the class.
26. Exempt Employee - an employee who is not entitled to overtime under the Fair Labor
Standards Act.
27. Job Sharing -the sharing of one full-time, regular position by two employees, with the
same scheduled work hours, salary and benefits divided between them.
28. Non-Exempt Employee - an employee who is entitled to earn overtime under the Fair
Labor Standards Act.
29. Original Appointment - a person's first appointment as a City employee.
30. Overtime -compensation that is either paid or accrued as Compensatory Time Off at
the rate of time and one-half pursuant to the Fair labor Standards Act or an applicable
Memorandum of Understanding (MOU) or salary resolution.
[81
a. FLSA Overtime: overtime paid pursuant to the Fair Labor Standards Act (ELBA).
b. MOU Overtime: overtime paid pursuant to provisions of a MOU and/or salary
resolution.
31. Part-Time Status -the status of an employee in a part-time position that is
compensated on an hourly basis. Apart-time employee may have either a) regular
status (sometimes called apart-time benefitted employee) or b) at-will status (may also
be called apart-time non-benefitted employee).
32. Part-Time Position - a position having a work week of fewer hours than the full work
week established for afull-time position and compensated on an hourly basis.
33. Permanent Position - a full-time or part-time benefitted position that is individually
authorized in the budget and which is expected to exist indefinitely.
34. Position - a job with a combination of regularly assigned duties and responsibilities
.requiring the full-time or part-time employment of one individual.
35. Probationarv Employee - an employee who has to serve a probationary period prior to
appointment to a permanent position. Upon successful completion of the probationary
period, a probationary employee becomes a regular employee.
36. Probationarv Period - a working test period that is part of the selection process and
during which an employee is required to demonstrate to the City's satisfaction his/her
qualifications for the position to which he/she has been appointed by actual
performance of job duties.
a. Original Probationary Period: an employee's first probation period during
continuous City employment.
b. Promotional Probationarv Period: the probationary period served upon
promotion from one City position to another.
37. Probationarv Status -the status of an employee during the probationary period. An
original probationary employee serves at-will and may be dismissed without cause or
right of appeal. A promotional probationary employee may be dismissed from the
promotional position and returned to his/her previous position without cause or right of
appeal.
38. Project Employee - an at-will employee who is hired in either afull-time or part-time
capacity for a prescribed period of time to complete a project.
39. Promotion -the advancement of an employee from a position in one class to a position
in another class having a higher maximum rate of pay.
I91
40. Provisional Appointment - an appointment to a permanent position of a person who
possesses the minimum qualifications established for a particular classification and who
has been appointed to a position in that class in the absence of available eligible
candidates. A provisional appointment may not exceed six (6) months. An employee
receiving a provisional appointment will have at-will status in the position.
41. Reclassification -the movement of an employee from a position in one class to a
position in another class as the result of the City's determination that the duties and
requirements of the employee's position are inappropriate for the assigned
classification. Reclassification may be to a position at a higher, lower, or lateral level.
42. Regular Status -the status of an employee who has acquired a regular full-time or part-
time benefitted appointment to a merit system position after successfully passing the
probationary period.
43. Reinstatement -the re-employment without examination of a former regular or
probationary employee. .
44. Resection -the involuntary separation from City service of 1) an employee who does not
successfully complete the probationary period in a position and who does not have
regular status in another position in a different classification, or 2) the change in status
of an employee who did not successfully complete the probationary period in a position
to another position in a different classification in which he/she has previously acquired
regular status.
45. Relative -any person who is related by blood, marriage, or domestic partnership within
the third degree. Specifically, a relative is a spouse, domestic partner, parent,
grandparent, great grandparent, child, grandchild, great grandchild, sibling, niece,
nephew, aunt, or uncle (including step, adoptive and in-law relatives).
46. Reprimand - a verbal or written censure made as a disciplinary action.
47. Reserve Officer -any person serving the City as a reserve police officer. Such person
shall not be considered to have attained appointment to either a permanent full-time or
part-time position. Every reserve officer shall serve at the discretion of the Chief of
Police and may be terminated without cause or right of appeal.
48. Resignation -the voluntary separation of an employee from City service.
49. Salarv Plan -see Compensation Plan.
50. Salarv Range -one or more specific salary rates, having a percentage relationship to one
another, assigned to a classification as the base compensation for that classification.
liol
51. Salary Review Date -the date on which a probationary or regular employee is eligible,
on the basis of satisfactory job performance for a prescribed period, for a merit salary
increase within the salary range established for the position the employee occupies.
52. Salary Step -one of the established levels of pay within a prescribed salary range,
usually designated by a letter.
53. Suspension -the temporary separation with or without pay of an employee from City
service for purposes of disciplinary action.
54. Temporary Position - a full-time or part-time position of limited duration. Employees
filling temporary positions do not acquire regular status and may be dismissed at the
pleasure of the appointing authority without cause or right of appeal.
55. Termination -the separation of an employee from City service because of retirement,
resignation, death or dismissal.
56. Transfer - a change of. an employee from one position to another position in the same
class or in another class having the same maximum salary rate, involving the
performance of essentially similar duties and requiring substantially the same minimum
qualifications.
57. Vacancy - an authorized position that is not occupied by an employee having either a
probationary or regular appointment to the position.
58. Work Shift -the number of working hours per day required of an employee occupying a
particular position.
59. Working Day - a day on which an employee is scheduled to work. For the purposes of
appeal or grievance rights under these Rules, where there is a difference in work
schedules between a department head and an employee, working days should be
counted based on the employee's schedule.
60. Y-Rating -the process by which an employee's salary is not decreased when either 1)
the employee is reassigned to a classification with a lower range on the salary schedule
or 2) the salary range for the employee's classification is set to a lower range on the
salary schedule. Y-rating will automatically end once future increases bring the
employee's new salary range up to a level where the employee's Y-rated salary falls
within the new salary range.
[11]
SECTION 3. CLASSIFICATION PLAN
A. Purpose
The Classification Plan provides a complete list of all positions in the City service and an
accurate description and specifications for each job classification. The Classification Plan
standardizes titles, each of which is indicative of a definite range of duties and
responsibilities and has the same meaning throughout the City.
B. Preparation of Plan
The City Manager has determined the duties and responsibilities of all positions in the City
with the assistance of the Human Resources Department and department heads. The
Classification Plan defines each class by a class specification, including title, a description of
typical duties and responsibilities and a statement of the education, training, experience
and other qualifications to be required of applicants and incumbents of the classification.
.. The Classification Plan maintains all positions substantially similar with respect to duties,
responsibilities, authority, and character of work within the same class.
C. Adoption of Plan
The City Council has adopted and may amend the Classification Plan by resolution and upon
not less than five (5) days notice to employees. Suggested amendments and revisions of
the Plan by any interested party shall be submitted to the City Council through the City
Manager.
D. Allocation of Positions
The City Manager has allocated every position in the City service to one of the classes
established by the Classification Plan.
E. New Positions
Each new position shall be included in the Classification Plan by amendment and
appropriate employment list established before the position may be filled, except as
otherwise provided by these Rules.
F. Reclassification
A position determined by job analysis to have changed substantially over time in terms of
duties and responsibilities may be reallocated to a new and appropriate classification upon
recommendation of the department head and review and approval of the Human Resources
Department. Final approval must be granted by the City Manager or his/her designee. An
employee who is reclassified is not required to complete a new probationary period.
[12]
G. Use of Classification Titles
Classification titles are to be used in all personnel, accounting, budget, appropriation, and
financial records. No person shall be appointed to or employed in any permanent position
in the merit system under a title not included in the Classification Plan. Other unofficial
"working titles" may be used in the course of business to indicate authority, status in the
organization, or administrative rank, subject to approval of the Human Resources
Department.
H. Use of Class Specifications
Class specifications are to be interpreted in their entirety and in relation to others in the
Classification Plan. Particular phrases or examples are not to be isolated and treated as a
full definition of the class. Specifications are intended to be descriptive and explanatory of
the kind of work performed, and not necessarily inclusive of all duties performed by all
employees in the classification.
I. Use of Classification Plan
The Classification Plan is to be used as follows:
1. A guide in recruiting and examining candidates for appointment and promotion.
2. In determining lines of promotion.
3. In determining salary to be paid for various types of work.
4. In determining personnel staffing in departmental budgets.
5. In providing uniform job terminology understandable by all City officials and employees
and the general public.
J. Working Out-of-Class
No employee shall be required to perform duties which are not closely related both in kind
of work and in level of responsibility to the duties normally assigned to positions in the
employee's classification, except on a short-term basis. If an employee is performing duties
that would normally be assigned to another classification (i.e., works "out-of-class") for an
extended period of time, the Human Resources Department will evaluate whether a
reclassification, reassignment of duties, or acting appointment is appropriate.
If an employee is given an acting appointment, the employee may be eligible to receive
additional compensation in the form of Acting Pay, in accordance with the provisions of the
applicable salary resolution and/or MOU.
(13]
K. Changes to Class Specifications
Substantive changes to existing class specifications in the Classification Plan are subject to
the meet and confer process with the appropriate representatives of recognized employee
organizations. Changes to document formatting or minor revisions to content may be
implemented without meeting and conferring.
[14]
SECTION 4. COMPENSATION PLAN
A. Preparation of Plan
A Compensation Plan covering all classes of positions in the City service is in place, showing
the minimum and maximum rates of pay. In arriving at salary ranges, consideration shall be
given to prevailing rates of pay for comparable work in public and in private employment,
including consideration of conditions of work; current costs of living; suggestions of
department heads; the City's ability to recruit and retain good employees; and the City's
financial condition and policies. The City may conduct future studies considering the factors
set forth above.
B. Adoption of Plan
The City Council will amend and revise the Compensation Plan by resolution.
C. Format of Plan
All full-time position classes, except those placed on a flat rate of pay, shall be placed on a
salary range containing a designated number of salary steps with increments of
approximately five percent (5%) between steps. Each step in a range shall be lettered
alphabetically from the lowest step (designated as A) to the highest step.
D. Meet and Confer Process
The Compensation Plan is subject to the meet and confer process with the appropriate
representatives of recognized employee organizations.
[15]
SECTION 5. SALARY ADMINISTRATION
A. Application of Rates
Employees occupying a position in the City service shall be paid a salary or wage within the
range established for that position's classification in accordance with the Compensation
Plan.
B. Basis of Compensation
1. Full-time Regular, Probationary, and Acting Appointments
An employee having a regular, probationary or acting appointment that is on a full-time
basis shall be paid bi-weekly, based on the monthly rate specified in the Compensation
Plan. The hourly rate of pay is the monthly rate multiplied by twelve (12) and divided by
two-thousand and eighty (2080) hours.
2. Other Appointments
Temporary, provisional, part-time, and emergency employees shall be compensated at
an hourly rate, paid bi-weekly.
C. Salary Review Dates
Any employee of the City shall have as a salary review date the date upon which he/she
shall next be eligible for consideration of a merit step increase. However, any approved
leaves of absence without pay exceeding thirty (30) days will result in the establishment of a
new review date. Such date shall be based on the existing salary review date plus the
number of calendar days of leave(s) in excess of thirty (30) days. Salary adjustments shall
be made at the start of the pay period closest to the employee's salary review date unless
otherwise authorized by the City Manager or pursuant to a memorandum of understanding
and/or salary resolution.
D. Entrance Salary Rates
1. General
All new employees shall normally be appointed at the "A" step of the salary range in
effect for the class in which the appointment is made. The City Manager may approve
initial City employment at a salary rate up to and including the final step of the salary
range for cause, such as difficulty in recruiting, previous experience, or other related
factors.
[16]
2. Temporary Appointees
Persons employed or re-employed for temporary or seasonal service may, upon written
recommendation by the department head and approval of the City Manager, be
compensated at any rate established for the classification.
E. Merit Increase within the Salary Range
Full-time and part-time benefitted employees are eligible for an increase in salary according
to the following schedule. Part-time non-benefitted classifications may have a different
criteria or schedule for advancement prescribed by the City Manager or Human Resources
Department.
1. The letters A, B, C, D, E, F, and G, respectively, denote the various progressive steps in
the salary range.
2. An employee shall be eligible to move from salary step "A" to salary step "B" upon
, completion of.six (6) months of employment where the employee has demonstrated
overall satisfactory performance.
3. An employee shall be eligible to move from salary step "B" to salary step "C" (and
thereafter to each step through the final salary step in the employee's salary range)
upon completion of one (1) year at the salary step where the employee has
demonstrated overall satisfactory performance.
4. For all employees eligible to advance between salary steps, the department head shall
submit to the Human Resources Department a written evaluation and recommendation
to approve, delay, or deny the advancement. All advancements between salary steps
are subject to approval by the City Manager.
F. Salary Range Increase
Whenever a class is reassigned to a higher salary range, the salary of each incumbent on the
effective date of the increase shall be increased to the corresponding step in the new range
and his/her salary review date shall not change.
G. Salary in Other Instances
Other salary adjustments may include:
1. Special Salary Adjustments
Notwithstanding anything in these Rules to the contrary, in order to correct gross
inequities or to reward outstanding achievement and performance, the Council may,
upon recommendation of the department head and approval of the City Manager,
1171
adjust the salary rate of an incumbent of a particular position to any step within the
salary range for that class. If the incumbent is a member of a recognized bargaining
unit, the increase in salary is subject to meet and confer.
2. Salary on Promotion
An employee who is promoted shall be assigned to the lowest step of the new salary
range which allows an increase over salary at the time of promotion. The department
head may recommend assignment to a higher salary step based on special
circumstances. The date of promotion will establish a new salary review date and the
employee shall be eligible for the next merit increase in accordance with Section 5.E
(Merit Increase within the Salary Range) of these Rules. The promotion date will be
effective at the beginning of an established pay period.
3. Salary on Demotion
An employee who is demoted shall have his/her salary set at a salary step in the range
for a lower class as follows:
a. Involuntary Demotion
Salary may be set at any salary rate which is less than employee's salary rate at the
same time of demotion. If the involuntary demotion is as a result of a reclassification
and the salary of the employee is greater than the highest step of the new pay
range, the employee will be "Y-rated."
b. Voluntary Demotion
Salary will be set at the highest salary rate which does not exceed the employee's
salary rate at the time of demotion.
c. Next Merit Increase
An employee shall be eligible for the next merit increase, based on salary step, in
accordance with Section 5.E (Merit Increase within the Salary Range) of these Rules.
d. Probationary Period
An employee who is demoted shall not be required to serve a new probationary
period, except that if demoted to a classification in which the employee has no
previous experience, a probationary period of one year will be required.
[18]
4. Salary on Transfer
Any employee who is transferred shall continue to receive the same salary rate and the
salary review date shall not change.
H. Overtime
A manager or supervisor may authorize overtime to meet the operational needs of the
department. For non-exempt employees, overtime shall either be paid at time and one-half
or granted as equivalent Compensatory Time Off (CTO). The method of compensation shall
be at the discretion of the department.
An employee may not perform work outside of his/her scheduled work hours without
advance approval from a manager or supervisor. Emergencies may arise that call for an
exception to this rule. In the event of such an emergency, an employee may perform the
work, but must notify a manager or supervisor as soon as possible, and in no event later
than the next business day. If the employee's manager or supervisor denies the request to
work overtime, the .employee must cease v~orking overtime.
Employees are required to record all work time on official City records so that the City may
pay employees for their work. Employees may never choose to work and decline
compensation. An employee who fails to follow the City's overtime approval policy will be
paid for any overtime actually worked, but will be subject to disciplinary action, up to and
including termination, for violation of the policy.
1. Full-time Regular and Probationary Employees
The City shall pay overtime compensation or provide Compensatory Time Off to all non-
exempt employees as established in the appropriate salary resolution and/or MOU.
Exempt employees are not eligible for overtime.
2. Other Employees
Part-time, temporary, or provisional employees shall be paid overtime in accordance
with the Fair Labor Standards Act (ELBA).
I. Additional Compensation
Employees may be eligible for the following types of additional compensation in accordance
with the applicable salary resolution and/or MOU:
1. Advance Holiday Pay.
2. Bilingual Pay.
[19j
3. Call-Back Duty.
4. Career Officer Program.
5. Court Standby Duty.
6. Educational Incentive /Tuition Reimbursement.
7. General Leave Cash-Out.
8. Jury Duty.
9. Shift Differential.
10. Special Assignment Pay (e.g. Field Training Officer, K-9 Officer).
11. Stand-By Duty.
12. Training Pay.
13. Uniform Allowance.
J. Emer~ency Cash-Out of Accrued Leave
1. Purpose
In addition to any cash-out of leave provided in a memorandum of understanding or
resolution, the City Manager may authorize acash-out of accrued leave upon a finding
of a financial hardship arising from an unforeseen emergency.
2. Definition
For the purpose of this policy, "unforeseen emergency" is defined as a severe financial
hardship resulting from a sudden and unexpected illness or accident of the employee or
her/his dependent, the employee's loss of property due to casualty, or other similar
extraordinary and unforeseeable circumstances arising as a result of events beyond the
employee's control. Request for emergency cash-out will not be authorized for
expenditures that can be planned for or budgeted, such as a down payment on a home,
the purchase of an automobile, payment of property taxes or educational expenses.
3. Policy
In the event of an unforeseen emergency, a regular (non-probationary) employee may
request an emergency cash-out of time from their accrued General Leave or
Compensatory Time Off bank, or any combination thereof, provided at least eighty (80)
1201
hours of accrued leave remain in the employee's leave bank(s) after the emergency
cash-out.
Any amount approved for cash-out will be processed as part of a usual and regular
payroll process. Additional taxes may be withheld pursuant to applicable state and/or
federal tax withholding requirements.
4. Procedure
Requests for emergency cash-out are to be submitted to the Human Resources
Department on an Emergency Cash-Out of Accrued Leave Request form, fully describing
the circumstances for the request including any relevant documentation.
The Director of Human Resources will review all requests for emergency cash-out for
determination of eligibility and make a recommendation to the City Manager for
approval or denial.
An emergency, cash-out eligibility determination is not .subject to any form. of
administrative or judicial appeal or grievance procedure and the decision of the City
Manager, or his/her designee, shall be final.
[21]
SECTION 6. RECRUITMENT AND SELECTION
A. Applications
Announcements of employment opportunities shall be publicized as determined by the
Human Resources Department to comply with the purposes of the merit system and shall
normally specify the title, salary, examples of typical job duties, minimum qualifications
required, and official application process. All applications correctly filed on time by a
qualified individual may be considered unless rejected for cause as herein provided.
B. Resection of Applications
The Human Resources Department may reject any application when the applicant does not
meet the minimum qualifications for the position; is physically unfit to perform the duties of
the position with or without reasonable accommodation if disabled; has been convicted of a
felony if applying for a Police Officer position; has made any false statement of any material
fact; has attempted to practice any deception or.fraud in the application or selection
process; or for any material cause, which in the judgment of the Director of Human
Resources, would render the applicant unsuitable for the position, including a prior
resignation or termination from employment with the City. A defective or incomplete
application may be rejected or returned to the applicant for correction.
C. Examinations
The Human Resources Department will evaluate the qualifications of the applicants
examined to perform within that class by using one or more examination techniques as
deemed by the Director of Human Resources to be appropriate for the position.
Examination techniques may include, but are not limited to, application review,
supplemental questionnaire, oral interview, written test, performance test, physical agility
test, psychological test, psychiatric test, character and credit investigation, and evaluation
of work samples or daily work performance.
1. Recruitment and Examination Type
Vacancies may be filled by either an open competitive or promotional recruitment and
examination process. Any person meeting the requirements specified in the job
announcement of an open competitive recruitment may be eligible to compete in the
examination process. Promotional recruitments may be used to fill vacancies when
determined by the Director of Human Resources to be in the best interests of the City.
Only City employees who meet the requirements set forth in the job announcement for
a promotional recruitment may compete in the examination process. Typically, a
promotional recruitment is only conducted when at least three (3) City employees meet
the minimum qualifications of the position and are eligible to compete in the
examination process.
1221
2. Examination Scores
The scoring system for each examination process shall be established as deemed
appropriate by the Director of Human Resources. Scores on each examination or
examination component may be qualifying (pass/fail), averaged, or given a weighted
average. An applicant's failing score on one part of an examination may be grounds for
failure on the entire examination or disqualification for subsequent parts of an
examination.
3. Notification
Each applicant will be notified of his/her status at each step in the examination process.
4. Disqualification
An applicant may be disqualified during or after the examination process for any reason
set forth in. Section 6.B (Rejection of Applications).
D. Employment Lists (Eligible Lists)
1. Open and Promotional Employment Lists
Applicants who successfully pass all phases of the examination process shall earn
placement on an open or promotional employment list (eligible list), as the case may be,
in alphabetical order. Such lists may remain in effect for one (1) calendar year unless
abolished, exhausted or extended by the Human Resources Department for a maximum
of two additional six (6) month periods. Open employment lists may be maintained as
the result of a continuous recruitment with names placed on such lists for one (1) year
and merged with any other names already on the list in alphabetical order. An
employment list may be abolished by the Human Resources Department when it
contains fewer than three (3) names or for reasonable cause.
2. Re-Employment Lists
The names of probationary and regular employees who have been laid off pursuant to
these Rules may, upon request at the time of layoff, be placed on an appropriate re-
employment list, in accordance with Section 10.8.7 (Re-Employment List).
3. Removal of Names
The Human Resources Department shall notify and remove the name of any person
appearing on any list if such person requests removal, resigns from City service, or fails
to respond without excuse to a scheduled interview of which the individual was notified.
[23]
The Human Resources Department may also remove an applicant's name from the
employment list for any reason set forth in Section 6.B (Rejection of Applications).
E. Types of Appointment
1. Eligibles Available
The City Manager, or his/her designee, shall fill any permanent part-time, permanent
full-time or project vacancy from among those certified according to the following
priority: 1) re-employment list (mandatory), 2) transfer or demotion, 3) promotional
employment list, 4) open competitive employment lists.
2. Provisional Appointment
In the absence of eligibles from which appointment may be made, a person meeting the
employment standards for a vacant position may be given an at-will provisional
appointment. The appointment shall be subject to certification by the Human
Resources Department.that the applicant meets the employment standards prior to the
effective date of employment. An employment list shall be established within six (6)
months for any permanent position filled by a provisional appointment. No special
credit shall be given to an employee with a provisional appointment in meeting
employment standards for any open competitive examination, in determining rights
under these Rules, establishing eligibility for benefits, or against the probationary
period. Provisional appointments shall be made for a period not to exceed six (6)
months.
3. Protect Appointment
Project employees are those employees who hold a position which has been authorized
by the City Council for a prescribed period of time or for the duration of a specified
project. Project employees shall be employed as if for normal employment and shall be
given written notice of the limited nature of their employment and of the fact they are
at-will and do not earn the right to employment past the period authorized. Project
employees shall receive the normal benefits to which they would otherwise be entitled
as probationary or regular employees.
4. Emer~encV Appointment
The City Manager may employ such persons as may be needed for the period of an
emergency which threatens life, property, or the general welfare of the City, without
regard to the regulations as to recruitment and appointments in these Rules.
[24]
5. Temporary Assignment
A full-time or part-time employee who is hired for a limited duration. The employee
serves at-will and is not entitled to benefits, except as required by law.
6. Contract Appointment
An employee hired by written agreement with the City for a specific term and under
conditions wholly contained within the employment agreement. Contract employees
shall be entitled to only those benefits, rights and privileges as outlined in the
employment contract.
F. Additional Selection Criteria
1. Pre-employment Review
Prior to employment, a candidate must receive satisfactory results from a background
investigation, physical examination, and administrative screening. In some cases, ,the .
City may also require a psychological examination. The physical and/or psychological
examinations will be administered only after the Human Resources Department extends
the candidate a conditional offer of employment.
2. Job Offer
After a candidate has completed all steps of the selection process to the City's
satisfaction, the Human Resources Department may extend to a candidate an official
offer of employment.
3. Veterans' Preference
In making an appointment, preference may be given to candidates who are veterans, if
the candidates to be selected are identically qualified, in accordance with state law.
[25]
SECTION 7. PROBATIONARY PERIOD
A. Length of Probationary Period
All original and promotional appointments shall be tentative and subject to a probationary
period of not less than one (1) year of actual service, provided, however, that the
department head may recommend to the City Manager to extend for a period not to exceed
ninety (90) days the probationary period of any employee. The probationary period for
employees in the classifications of Police Communications Officer I and Police Officer is not
less than eighteen (18) months of actual service. The City Manager may establish a longer
probationary period for specified classifications, provided that prospective employees are
notified of the probationary period as a condition of employment.
Prior to-the end of the probationary period, the probationary employee's department shall
submit to the Human Resources Department the appropriate documentation designating
either successful completion of the probationary period or termination from employment.
B. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be
utilized for observing the employee's work, for confirming a new employee's suitability for
the position, and for rejecting any probationary employee whose performance does not
meet the City's expectations and required standards of work.
C. Promotional Probationary Period
An employee promoted to a classification with a greater maximum rate of pay than the
classification of original appointment shall be deemed a promotional probationary
employee and will commence a new probationary period on the effective date of the
promotion.
D. Resection of Probationary Employee
1. Resection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the
department head, with approval of the Director of Human Resources, for failing to
successfully complete the probationary period, without cause and without the right of
appeal. Notification of rejection in writing shall be served on the probationary employee
and a copy will be filed with the Human Resources Department.
[26]
2. Resection of Promotional Probationary Employee
Any employee rejected during a promotional probationary period shall be reinstated to
the position and status from which promoted unless he/she has been discharged for
cause or has resigned pursuant to these Rules. The employee is not entitled to notice or
a hearing if rejected during probation and reinstated to his/her previous position.
E. Extension Due to Leave of Absence
Any leave of absence with or without pay exceeding fifteen (15) work days shall cause the
employee's probationary period to be extended by the number of days of such leave that
are in excess of fifteen (15) days.
1271
SECTION 8. ATTENDANCE & LEAVES
A. Attendance
Employees shall be in attendance at work in accordance with the rules regarding hours of
work, holidays, and leaves.
1. Timekeeping
All departments shall keep daily attendance records of employees which shall be
reported to the Finance Department in the form and on the dates specified by the
Finance Department.
2. Reporting of Absences
Any employee who is absent from duty shall report the reason for such absence to the
department head ~or immediate supervisor prior to the date of expected absence
whenever possible and in no case later than two (2) hours after the beginning of one's
normal work shift, except in the Police Department where such notice shall be two (2)
hours before the beginning of the employee's normal work shift. Absences not reported
in such manner may be considered absence without leave. A deduction of pay shall be
made for the duration of any absence without leave. Upon return to work, such
absence shall be justified to the department head who shall consider the need for
disciplinary action.
3. Job Abandonment
An employee who is absent without leave for three (3) consecutive work days without
reasonable cause and fails to return to duty as established in written notification to
return shall be considered to have resigned.
An employee separated for job abandonment will be given an opportunity to explain the
absence and failure to notify the City. The employee will be reinstated upon proof of
justification for the absence, such as severe accident, severe illness, or false arrest. No
employee has a right to an evidentiary appeal for separation as a result of job
abandonment.
B. Work Schedules
Work schedules for each position shall be as established by the department head,
subject to the provisions of the applicable salary resolution and/or MOU.
[281
C. Continuous Service Requirements
Continuous service, as required for advancement within salary ranges and for other
purposes specified in these Rules, is defined as City employment on a probationary, regular
or acting appointment basis without break or interruption. Authorized leaves of absence
without pay of thirty (30) days or less and leaves of absence with pay for any period shall
not constitute an interruption of an employee's continuous service and shall not be
deducted in computing total City service. However, authorized leaves of absence without
pay in excess of thirty (30) days shall be deducted in computing an employee's total City
service for advancement in salary range and for other purposes specified in these Rules.
D. Approval of Leaves
Any leave of absence, including General Leave, in excess of thirty (30) days duration, must
be approved by the City Manager or Director of Human Resources. Department heads may
approve employee leaves of thirty (30) days or less.
E. General Leave
General Leave is amulti-purpose paid leave providing for the needs of the employee for
vacation, personal business, and non-job-related illness or injury (employee or employee's
family).
1. Accrual Rates
General Leave is granted to each regular and probationary full-time and part-time
benefitted employee, as well as each project employee, at the accrual rates established
by the appropriate salary resolution and/or MOU. Leave will be prorated for part-time
benefitted employees.
2. Maximum Accumulation
General Leave may be accumulated to a maximum of two and one half (2 %) times the
employee's annual entitlement. Once an employee reaches the maximum accumulation,
the employee ceases accruing General Leave until his/her leave balance is below the
maximum accumulation.
3. Time of Leave
The time during the calendar year at which an employee may take leave shall be
determined by the department head with particular regard for the needs of the City and
with the consideration for the preference of the employee.
[29]
4. Holiday Within a Leave Period
In the event one or more municipal holiday(s) falls within a General Leave period, such
days shall not be charged as General Leave.
5. Pro-Rated Accrual While on Unpaid Status
General Leave shall not accrue during any pay period when the employee is on unpaid
status for more than forty (40) hours of that pay period. If an employee is on paid status
between forty (40) and eighty (80) hours of a pay period, his/her General Leave will be
earned on a prorated basis for that pay period. General Leave shall accrue at the full
rate when an employee is receiving his/her full regular salary or wage, receiving salary
continuation payments during Industrial Disability Leave, or using accrued paid leave on
an authorized leave of absence during the entire pay period.
6. Pay in Lieu of Leave
Unless otherwise provided in an applicable memorandum of understanding or salary
resolution, pay in lieu of General Leave will only be granted upon separation of City
employment, or upon a finding of hardship by the City Manager as described in Section
5.J of these Rules (Emergency Cash-Out of Accrued Leave).
7. Use of Leave at Time of Separation
General Leave may not be used at the time of separation of employment unless such
use is approved in advance by the City Manager.
8. Payoff at Separation
Upon the employee's separation, all unused accrued General Leave, Compensatory
Time Off, and Administrative Leave shall be paid off at the employee's current hourly
rate in the next regularly scheduled payroll process.
F. Holidays
1. Eligibility
Employees shall be eligible for those holidays provided in the appropriate salary
resolution and/or MOU, subject to the other provisions of this section. This section shall
not apply to any employee who is part-time non-benefitted, temporary, emergency,
hourly, or works on a daily basis.
2. Work on a Holiday
Any regular or probationary full-time or part-time benefitted employee or project
employee whose regular schedule requires him/her to work on a holiday shall be
[30]
compensated in accordance with the appropriate salary resolution and/or MOU.
Holiday compensation for part-time benefitted employees will be prorated.
G. Disability Leaves
1. Industrial Disability Leave (Workers' Compensation Leave
An employee who suffers awork-related injury or illness is eligible for Industrial
Disability Leave in accordance with applicable Workers' Compensation laws and the
guidelines set forth in these Rules.
a. Probationary Civilian Employees and Part-Time Benefitted Employees
For any probationary civilian employee or part-time benefitted employee who is
disabled from performing the duties of his/her position by reason of a bodily injury
or illness occurring in the course and scope of employment, as contemplated by the
workers' compensation laws of the State of California, the City shall pay the
employee's regular wages or salary prior to the time the employee is eligible for
workers' compensation temporary disability payments pursuant to state workers'
compensation law (i.e. during the statutory waiting period).
At the conclusion of the statutory waiting period, the employee may be eligible for
temporary disability payments from the workers compensation claims
administrator, in accordance with state workers' compensation law.
During the time that the employee is on Industrial Disability Leave, General Leave
shall not be charged for the purpose of paying Industrial Disability Leave benefits.
However, the employee may choose to use accumulated General Leave hours to
supplement temporary disability payments (up to the amount of regular wages or
salary) or health insurance benefits.
b. Sworn Public Safety Employees
Any sworn public safety employee who is a member of the California Public
Employees Retirement System (CaIPERS) and is disabled temporarily or permanently
by injury or illness arising out of and in the course of employment, shall be paid in
accordance with all applicable workers' compensation laws. While so disabled, an
employee is entitled to a leave of absence without loss of salary in lieu of temporary
disability payments which would otherwise be payable, in accordance with Labor
Code Section 4850. If the employee remains on Industrial Disability Leave after
salary continuation benefits have expired, the employee may be eligible for
temporary disability payments in accordance with the law.
During the time that the employee is on Industrial Disability Leave, General Leave
shall not be charged for the purpose of paying Industrial Disability Leave benefits.
(31]
However, the employee may choose to use accumulated General Leave hours to
supplement temporary disability payments (up to the amount of regular wages or
salary) or health insurance benefits.
c. Full-Time Regular Civilian Employees
Any civilian employee having afull-time, regular appointment who is disabled from
performing the duties of his/her position by reason of a bodily injury or illness
occurring in the course and scope of employment, as contemplated by the workers'
compensation laws of the State of California, shall be paid the following salary
continuation benefits in lieu of temporary disability payments which would
otherwise be payable:
i. Full salary and benefits up to a maximum of three (3) months if the employee
has less than three (3) years of City service; or
ii. Full salary and benefits up to a maximum of six (6) months if the employee has
three.(3) or more years of City service.
If the employee remains on Industrial Disability Leave after salary continuation
benefits have expired, the employee may be eligible for temporary disability
payments in accordance with the law.
During the time that the employee is on Industrial Disability Leave, General Leave
shall not be charged for the purpose of paying Industrial Disability Leave benefits.
However, the employee may choose to use accumulated General Leave hours to
supplement temporary disability payments (up to the amount of regular wages or
salary) or health insurance benefits.
Salary continuation and temporary disability benefits will be terminated upon any of
the following, whichever occurs first:
i. The employee returns to duty; or
ii. Temporary disability payments are terminated by means of agreed settlement or
permanent disability rating; or
iii. The employee retires from City service.
d. Early Return to Work /Modified Duty Program
The City has established an Early Return to Work/Modified Duty Program in order to
encourage a speedy and healthful return to work for employees who have suffered
an injury or illness. The program applies to all City employees who have a
temporary disability which prohibits them from performing full job duties or
[32]
meeting the essential functions of their position. The Early Return to Work/Modified
Duty Program applies to both industrial and non-industrial injuries and illnesses;
however, when evaluating the availability of modified duty, those employees who
have suffered an industrial injury/illness will be given priority.
A modified duty assignment is not guaranteed, and there may be instances where
modified duty is not available. Each case of eligibility for modified duty is considered
independently of any other past or present assignments. Thus, the circumstances of
each case, the needs of the City, the availability of assignments, and the nature of
the work shall determine the availability of modified duty assignments.
Modified duty is defined as temporary work, which can be accomplished by an
injured/ill employee within the stipulated work restrictions or functional limitations
prescribed by the employee's primary treating physician, and without exposing
others to the risk of harm. Modified duty is temporary in nature, and therefore no
specific modified duty assignment should exceed sixty (60) days. The City may
consider an extension of a modified duty assignment beyond the initial sixty (60)
days if a written statement from the treating physician is received that indicates a
"date certain" that the employee will be released to full duty. The period of
modified duty shall not be extended unless the "date certain" is within a reasonable
period of time.
The Director of Human Resources, or his/her designee, is responsible for the
administration of this program. Employees are responsible for informing their
treating physician(s) of the City's modified duty policy. Upon receipt of medical
documentation that outlines specific work restrictions or functional limitations, the
Director of Human Resources, or his/her designee, will consult with the applicable
department head, or his/her designee, as to the availability of modified duty. If it is
determined that modified duty is available, the department head, or his/her
designee, will work with the Human Resources Department to monitor the
employee's progress in returning to full duty status.
2. Pre~nancy Disability Leave
a. Temporary Disability
A pregnant employee shall be allowed to be absent for the period during which, in
the opinion of her attending physician and, where necessary, aCity-designated
physician, she is temporarily disabled because of pregnancy, childbirth or a related
medical condition.
When an employee is disabled due to pregnancy, the employee shall furnish the City
a statement from her physician giving the anticipated date of delivery, the opinion of
the physician as to her ability to perform her normal work assignment, and her
(331
expected date of return to work. Such statement shall be furnished as soon as
feasible after a determination of the pregnancy disability has been made.
A pregnant employee will be permitted to work as long as, and return to work when,
she is able to safely perform the duties of her position as recommended by her
attending physician.
b. Compensation During Leave
Pregnancy Disability Leave is without pay. However, the employee may use accrued
General Leave or any other accrued paid time. Pregnancy Disability Leave will be
treated as any other disability leave and may entitle the employee to Short-Term /
Long-Term Disability Leave or additional unpaid leave requested by the employee
and granted by the City Manager.
c. Benefits During Leave
. An employee on Pregnancy Disability Leave may receive any group health insurance
coverage that was provided before the leave on the same terms as provided to
other employees who become disabled off-duty, as if the employee had continued
to work, if: (1) the employee is eligible for concurrent Family Care and Medical
Leave; and (2) the employee has not already exhausted this 12-week group health
insurance coverage benefit in the current Family Care and Medical Leave eligibility
period. The City may recover premiums it paid to maintain health coverage, as
provided by the family and medical leave laws, if an employee does not return to
work following Pregnancy Disability Leave.
An employee on Pregnancy Disability Leave who is not eligible to receive group
health insurance coverage as described above, may receive health insurance
coverage in conjunction with Consolidated Omnibus Budget Reconciliation Act
(COBRA) guidelines by making monthly premium payments to the City.
General Leave does not accrue while an employee is on unpaid Pregnancy Disability
Leave.
d. Reinstatement
Upon the expiration of Pregnancy Disability Leave and the City's receipt of a written
statement from the health care provider that the employee is fit to return to duty,
the employee will be reinstated to her original or an equivalent position, so long as it
was not eliminated for a legitimate business reason during the leave.
If the employee's original position is no longer available, the employee will be
assigned to an open position that is substantially similar as the employee's original
[34]
position in terms of job content, status, pay, promotional opportunities, and
geographic location.
If upon return from leave an employee is unable to perform the essential functions
of her job because of a physical or mental disability, the City will initiate an
interactive process with the employee in order to identify a potential reasonable
accommodation.
An employee who fails to return to work after the termination of her leave loses her
reinstatement rights.
3. Short-Term / Long-Term Disability Leave
Short-Term Disability Leave and Long-Term Disability leave will be provided as set forth
in the applicable salary resolution and/or MOU.
H. Family Care and Medical Leave (FMLA/CFRA Leave)
1. Policy
To the extent not already provided for under current leave policies and provisions, the
City will provide unpaid Family Care and Medical Leave for eligible employees as
required by state and federal law. The following provisions set forth certain rights and
obligations with respect to such leave. Rights and obligations which are not specifically
described below are set forth in the federal Family and Medical Leave Act (FMLA) and
the California Family Rights Act (CFRA). Unless otherwise provided, "leave" under this
section shall mean Family Care and Medical Leave pursuant to the FMLA and CFRA.
2. Definitions
a. 12-Month Period -for all purposes other than FMLA leave to care for a covered
servicemember a rolling 12-month period measured backward from the date
approved leave is taken and continuous with each additional leave day taken. For
FMLA leave to care for a covered servicemember, a 12-month period which begins
on the first day the eligible employee takes FMLA leave and ends 12 months after
that date.
b. Active Duty or Call to Active Duty Status - a duty under a call or order to active duty
(or notification of an impending call or order to active duty) in support of a
contingency operation for members of the reserve components, National Guard,
and certain retired members of the Armed Forces and retired Reserves while serving
on active duty status during a war or national emergency declared by the President
or Congress.
[35]
c. Child - a child under the age of 18 years of age, or 18 years of age or older who is
incapable of self care because of a mental or physical disability. An employee's child
is one for whom the employee has actual day-to-day responsibility for care and
includes a biological, adopted, foster or step child. A child is "incapable of self care"
if he/she requires active assistance or supervision to provide daily self care in three
or more of the activities of daily living or instrumental activities of daily living, such
as caring for grooming and hygiene, bathing, dressing, and eating, cooking, cleaning,
shopping, taking public transportation, paying bills, maintaining a residence, and
using telephones and directories.
d. Continency Operation - a military operation that is (1) designated by the Secretary
of Defense as an operation in which members of the United States Armed Forces are
or may become involved in military actions, operations, or hostilities against an
enemy of the United States or against an opposing military force; or (2) that results
in the call to order of active duty members of the United States Armed Forces by law
or any other provision of law during a war or national emergency declared by the
President or Congress.
e. Covered Servicemember - a member of the United States Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness.
f. Domestic Partner - an individual as defined by California Family Code sections 297
and 299.2. A domestic partner shall have the same rights as a "spouse" for purposes
of CFRA leave.
g. Health Care Provider - any of the following individuals:
i. A doctor of medicine or osteopathy who is authorized to practice medicine
or surgery by the State of California.
ii. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist) authorized to
practice in California and performing within the scope of their practice as
defined under state law.
iii. Nurse practitioners and nurse-midwives, clinical social workers, and
physician assistants who are authorized to practice under California state law
and who are performing within the scope of their practice as defined under
California state law.
iv. Christian Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts.
[36)
v. Any health care provider from whom an employer or group health plan's
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
vi. A health care provider who practices in another state or in a country other
than the United States, who is licensed to practice in accordance with the
laws and regulations of that state or country.
h. Next of Kin of a Covered Servicemember -the nearest blood relative other than the
covered servicemember's spouse, parent, son, or daughter, in the following order of
priority (unless the covered Servicemember has specifically designated in writing
another blood relative as his/her nearest blood relative for purposes of military
caregiver leave under the FMLA): blood relatives who have been granted legal
custody of the covered Servicemember by court decree or statutory provision,
brothers and sisters, grandparents, aunts and uncles, and first cousins.
i. Parent -the biological, adoptive,, step, or foster parent of an employee or .an
individual who stands or stood in loco parentis (in place of a parent) to an employee
when the employee was a child. This term does not include parent-in-law.
j. Outpatient Status -the status of a member of the United States Armed Forces
assigned to (1) a military medical treatment facility as an outpatient or (2) a unit
established for the purpose of providing command and control of members of the
Armed Forces receiving medical care as outpatients.
k. Serious Health Condition - an illness, injury, impairment, or physical or mental
condition that involves:
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to work,
or perform other regular daily activities due to the serious health condition,
treatment involved, or recovery there from); or
ii. Continuing treatment by a health care provider. A serious health condition
involving continuing treatment by a health care provider includes any one or
more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular
daily activities) due to serious health condition of more than three
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves one (1) of the
following:
[37]
Treatment two (2) or more times within 30 days of the first day of
incapacity, unless extenuating circumstances exist, by a health care
provider, a nurse or physician's assistant under direct supervision
by a health care provider, or a provider of health care services (e.g.,
a physical therapist) under orders of, or on referral by a health care
provider. The first in-person treatment visit must take place within
seven (7) days of the first day of incapacity; or
II. Treatment by a health care provider on at least one occasion which
takes place within seven (7) days of the first day of incapacity and
results in a regimen of continuing treatment under the supervision
of the health care provider. This includes for example, a course of
prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over
the counter, and can be initiated without a visit to a health care
provider, it does not constitute a regimen of continuing treatment.
b. Any period .of incapacity due to pregnancy or for prenatal care. (This .
entitles the employee to FMLA leave, but not CFRA leave. Under
California law an employee disabled by pregnancy is entitled to
pregnancy disability leave.)
c. Any period of incapacity or treatment for such incapacity due to a chronic
serious health condition. A chronic serious health condition is one which:
I. Requires periodic visits (defined as at least twice a year) by a health
care provider, or by a nurse or physician's assistant under direct
supervision of a health care provider; and
II. Continues over an extended period of time (including recurring
episode of a single underlying condition); and
III. May cause episodic rather than a continuing period of incapacity
(such as asthma, diabetes, or epilepsy). Absences for such
incapacity qualify for leave even if the absence lasts only one day.
d. A period of incapacity which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but need
not be receiving active treatment by, a health care provider.
e. Any period of absence to receive multiple treatments (including any
period of recovery therefrom) by a health care provider or by a provider
of health care services under orders of or on referral by, a health care
provider, either for restorative surgery after an accident or other injury,
[38]
or for a condition that would likely result in a period of incapacity of more
than three consecutive calendar days in the absence of medical
intervention or treatment.
I. Serious Injury or Illness - an injury or illness incurred by a covered servicemember in
the line of duty while on active duty that may render the servicemember medically
unfit to perform the duties of the servicemember's office, grade, rank, or rating.
m. Spouse - a husband or wife as defined or recognized under California State Law for
purposes of marriage.
n. Workweek -the equivalent of the employee's normally scheduled workweek. For
eligible employees who work more or less than five days a week, or who work
alternative work schedules, the number of working days which constitute 12 weeks
is calculated on a pro-rata or proportional basis.
3. Reasons for Leave
Leave is only permitted for the following reasons:
a. The birth of an employee's child or to care for a newborn of an employee.
b. The placement of a child with an employee in connection with the adoption or foster
care of a child.
c. Leave to care for an employee's child, spouse, or parent who has a serious health
condition. A domestic partner shall have the same rights as a spouse for purposes of
CFRA leave.
d. Leave because of an employee's own serious health condition that makes the
employee unable to perform the functions of his/her position.
e. Leave fora "qualifying exigency" arising out of the fact that an employee's child,
spouse, or parent is on active military duty or has been notified of an impending call
or order to active duty in support of a contingency operation involving the United
States Armed Forces.
f. Leave to care for a child, spouse, parent, or "next of kin" who is a covered
servicemember of the United States Armed Forces who incurred a serious injury or
illness in the line of duty while on active military duty.
4. Eligibility for Leave
An employee is eligible for leave if the employee:
[39]
a. Has been employed for at least 12 months; and
b. Has actually worked for at least 1,250 hours during the 12-month period
immediately preceding the commencement of the leave.
5. Amount of Leave
a. Maximum Duration of Leave
Eligible employees are entitled to a total of 12 workweeks of leave, or up to 26
workweeks of leave to care for a covered servicemember, during any 12-month
period. Where FMLA leave qualifies as both military caregiver leave and care for a
family member with a serious health condition, the leave will be designated as
military caregiver leave first.
b. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement.of a child of the
employee, leave must be concluded within one (1) year of the birth or placement of
the child. The basic minimum duration of such leave is two (2) weeks. However, an
employee is entitled to a leave for one of these purposes (e.g. bonding with a
newborn) for at least one (1) day, but less than two (2) weeks duration, on any two
(2) occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself
with a serious health condition, there is no minimum amount of leave that must be
taken. However, the employee must comply with the notice and medical
certification provisions of this policy.
c. Spouses Both Employed by the City
In any case in which both spouses employed by the City are entitled to leave, the
aggregate number of workweeks of leave to which both may be entitled may be
limited to 12 work weeks during any 12-month period if leave is taken for the birth
or placement for adoption or foster care of the employees' child (i.e., bonding leave)
or 26 workweeks during any 12-month period if leave is taken to care for a covered
servicemember. This limitation does not apply to any other type of leave under this
policy.
6. Flexible Benefits During Leave
While on unpaid leave, the employee will continue to receive Flexible Benefits
contributions to the same extent that contributions are provided while the employee is
on the job.
[40]
For any benefit plan costs in excess of the employee's Flexible Benefits contribution, the
employee may make the required contribution by payroll deduction or direct payment
to the plan(s). Depending on the particular plan, the City will inform the employee
whether the premiums should be paid directly to the carrier or to the City. Coverage on
a particular plan may be dropped if the employee is more than 30 days late in making a
premium payment. However, the employee will receive a notice at least 15 days before
coverage is to cease, advising him/her that coverage will be dropped if the premium
payment is not paid by a certain date. Employee contribution rates are subject to any
change in rates that occurs while the employee is on leave.
If an employee fails to return to work after his/her leave entitlement has been
exhausted or expires, the City shall have the right to recover its share of Flexible
Benefits contributions for the entire leave period or recover contributions through
deduction from any sums due the City (e.g. unpaid wages, vacation pay), unless the
employee does not return because of continuation, recurrence, or onset of a serious
health condition of the employee or his/her family member which would entitle the
employee to leave.
7. Concurrent Use of Accrued Paid Leave
While on Family Care and Medical Leave, an employee may elect to concurrently use
accrued paid leave. Similarly, the City may require an employee to concurrently use
accrued paid leave after requesting FMLA and/or CFRA leave, and may also require an
employee to use Family Care and Medical Leave concurrently with another type of leave
if the reason for the leave qualifies the employee for FMLA/CFRA leave.
a. Employee's Right to Use Accrued Paid Leave Concurrently with Family Care and
Medical Leave
The employee may elect to substitute accrued General Leave, Administrative Leave,
and/or Compensatory Time Off for all or part of any unpaid FMLA/CFRA leave taken
under this policy.
b. City's Right to Require an Employee to Use Paid Leave Concurrently with FMLA/CFRA
Leave
The City may require employees to exhaust their accrued General Leave,
Administrative Leave, and/or Compensatory Time Off concurrently with FMLA/CFRA
Leave, to the same extent that employees have the right to elect to use their
accrued paid leaves concurrently with FMLA/CFRA Leave.
[41]
c. City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with
Other Types of Leave
If an employee takes a leave of absence for any reason which qualifies as
FMLA/CFRA leave, even though the employee did not specifically request Family
Care and Medical Leave, the City may run the employee's 12-week FMLA/CFRA leave
entitlement concurrently with the leave of absence.
d. City's and Employee's Rights if an Employee Requests Accrued Leave without
Mentioning FMLA/CFRA Leave
If an employee requests to use accrued paid leave without reference to a
FMLA/CFRA qualifying event, the City may not ask the employee if the leave is for
Family Care and Medical Leave. However, if the City denies the employee's leave
request and the employee provides information that indicates that the requested
time off may be for aFMLA/CFRA qualifying purpose, the City may inquire further
into the reason for the absence. If the reason qualifies the employee for FMLA/CFRA
leave, the City may require the employee to.concurrently exhaust General Leave,
Administrative Leave, and/or Compensatory Time Off.
8. Certification
a. Requirements
Employees who request leave for their own serious health conditions or to care for a
child, parent or a spouse who has a serious health condition must provide written
certification from the health care provider of the individual requiring care if
requested by the City. If the leave is requested because of the employee's own
serious health condition, the certification must include a statement that the
employee is unable to work at all or is unable to perform the essential functions of
his/her position. This provision may be satisfied with the doctor's portion of the
Short-Term /Long-Term Disability form.
Employees who request leave to care for a covered servicemember who is a child,
spouse, parent, or "next of kin" of the employee must provide written certification
from a health care provider regarding the injured servicemember's serious injury or
illness.
The first time an employee requests leave because of a qualifying exigency, the
employee is required to provide a copy of the covered servicemember's active duty
orders or other documentation issued by the military which indicates that the
covered servicemember is on Active Duty or Call to Active Duty status in support of a
contingency operation, and the dates of the covered servicemember's active duty
service. A copy of new active duty orders or similar documentation shall be
provided to the employer if the need for leave because of a qualifying exigency
[a21
arises out of a different active duty or call to active duty status of the same or a
different covered military leave.
b. Timeframe to Provide Certification
When an employee's leave is foreseeable and at least 30 days notice has been
provided, the employee must provide medical certification before the leave begins,
if certification is requested by the City. When this is not possible, the employee must
provide the requested certification within the timeframe requested the City (which
will provide the employee with at least 15 calendar days), unless it is not practicable
under the particular circumstances to do so despite the employee's diligent, good
faith efforts. In the case of Industrial Disability Leave, a workers' compensation
doctor's report may satisfy the certification requirement.
c. Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be
given a reasonable opportunity to cure any such deficiency. However, if an
employee fails to provide a medical certification within the time frame established
by this policy, the City may delay the taking of FMLA/CFRA leave until the required
certification is provided.
d. Re-Certification
If the City has reason to doubt the validity of a certification, the City may require a
medical opinion of a second health care provider chosen and paid for by the City. If
the second opinion is different from the first, the City may require the opinion of a
third provider jointly approved by the City and the employee, but paid for by the
City. The opinion of the third provider will be binding. An employee may require a
copy of the health care provider's opinions when there is a recertification.
e. Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (leave taken in separate blocks of time
due to a single qualifying reason) or on a reduced leave schedule (a leave schedule
that reduces the employee's usual number of hours per workweek or workday) to
care for a sick family member, covered servicemember, or for the employee's own
serious health condition, the employee must provide medical certification that such
leave is medically necessary. "Medically necessary" means there must be a medical
need for the leave and that the leave can best be accomplished through an
intermittent or reduced leave schedule.
[43]
9. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to
request immediate leave, employees are required to give as much notice as possible of
their need for leave. Except for qualifying exigency leave, if leave is foreseeable, at least
30 days notice is required. In addition, if an employee knows that he/she will need leave
in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take
care of a newborn), the employee shall inform his/her supervisor as soon as possible
that such leave will be needed. Such notice may be given verbally. If the City determines
that an employee's notice is inadequate or the employee knew about the requested
leave in advance of the request, the City may delay the granting of the leave until it can,
in its discretion adequately cover the position with a substitute.
For foreseeable leave due to a qualifying exigency, an employee must provide notice of
the need for leave as soon as practicable, regardless of how far in advance such leave is
foreseeable.
10. Reinstatement upon.Return from Leave
a. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of
employment held when the leave commenced, or to an equivalent position with
equivalent employment benefits, pay, and other terms and conditions of
employment. Employees have no greater rights to reinstatement, benefits and other
conditions of employment than if the employee had been continuously employed
during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the
leave, the employee will be reinstated on the date agreed upon. If the reinstatement
date differs from the original agreement of the employee and City, the employee
will be reinstated within two business days, where feasible, after the employee
notifies the City of his/her readiness to return.
b. Employee's Obligation to Periodically Report on His/Her Condition
Employees may be required to periodically report on their status and intent to
return to work. This is designed to avoid any delays to reinstatement when the
employee is ready to return.
c. Fitness-for-Duty Certification
As a condition of reinstatement of an employee whose leave was due to the
employee's own serious health condition, which made the employee unable to
perform his/her job, the employee must obtain and present afitness-for-duty
[44]
certification from the health care provider that the employee is able to resume work
in a full or modified capacity. The City may also require a fitness-for-duty
certification by a health care provider chosen and paid for by the City. Failure to
provide such certification will result in denial of reinstatement.
d. Reinstatement of "Key Employees"
The City may deny reinstatement to a "key employee" (i.e., an employee who is
among the highest paid 10 percent of all employed by the City within 75 miles of the
worksite) if such denial is necessary to prevent substantial and grievous economic
injury to the operations of the City and the employee is notified of the City's intent
to deny reinstatement on such basis at the time the employer determines that such
injury would occur.
11. Required Documentation
Employees must submit the following documents, as applicable, to the Human
Resources Department:
a. A Family Care or Medical Leave Request form is required from the employee when
an employee requests leave, documenting the reason, schedule, and expected
duration of the leave. The Human Resources Department will respond and set forth
conditions of the leave.
b. Medical certification from an authorized health care provider, as described in this
section, is required for leave taken for the employee's own serious health condition
or for the serious health condition of a child, parent or spouse.
c. Written authorization for payroll deductions for continuation of benefit plan
coverage is required if the employee has any benefit plan costs in excess of the
employee's Flexible Benefits contribution.
d. Fitness-for-Duty certification from the health care provider verifying that the
employee is able to resume work, as described in this section, is required prior to
reinstatement.
I. Other Leaves of Absence
1. Bereavement Leave
The City shall allow time off for Bereavement Leave in accordance with the appropriate
salary resolution and/or MOU.
[451
2. Medical Emer~ency /Catastrophic Leave
a. Purpose
The Medical Emergency /Catastrophic Leave (MECL) policy provides employees a
procedure for the voluntary transfer of accrued General Leave to a co-worker who
has either suffered a catastrophic illness or injury or whose dependent family
member has suffered a catastrophic illness or injury. This plan is intended to enable
employees who have exhausted their leave balances to receive voluntary leave
donations from other City employees for the period of time that leave is necessary.
b. Policy
It is the policy of the City to authorize employees to voluntarily transfer accrued
General Leave hours to another employee under the criteria specified in this policy.
Such transfer of leave balances shall be limited to situations where the requesting
employee has exhausted all of his/her available paid leave (e.g. General Leave,
.. Administrative Leave, and Compensatory Time Off) as.a result of the employee's, or
the employee's dependent family member's, qualifying long-term illness or injury (as
defined in this policy) and, therefore will be placed on unpaid leave status.
MECL requests must be submitted in writing and are subject to approval by Human
Resources.
c. Definitions
Medical Emergency /Catastrophic Illness or Iniury - An unanticipated illness
or injury, either for a permanent or temporary period anticipated to exceed
thirty (30) calendar days, that incapacitates an employee or the employee's
dependent family member (spouse, domestic partner, child, parent), and
which limits the employee's ability to perform the essential functions of
his/her usual and customary job.
ii. Medical Emer~ency/Catastrophic Leave (MECL) Hours -Leave hours donated
to the requesting employee by the donating employee(s).
iii. Dependent Family Member -For purposes of this policy, includes a spouse,
domestic partner, child, or parent who will depend on the employee for
assistance as a result of the medical emergency /catastrophic illness or
injury.
[46]
d. Employee Eligibility
The employee must meet all of the following criteria to be eligible for receipt of
MECL hours:
i. The employee must be employed as a full- or part-time regular employee for
at least 30 days prior to the event requiring time off.
ii. The approved medical leave of absence must be for at least 30 consecutive
days. In the event the leave is needed for a dependent family member, that
individual must be incapacitated from work, school, or other regular daily life
activities for at least 30 consecutive days.
iii. The employee must provide a medical certification by the applicable health
care provider verifying that the illness or injury 1) meets the definition of
medical emergency /catastrophic illness or injury as defined in this policy
and 2) medically requires at least 30 consecutive calendar days of leave.
iv. The employee must have exhausted all available leave time including General
Leave, Administrative Leave, and/or Compensatory Time Off.
e. Donation Regulations
i. All donations shall be made on an hour-for-hour basis, regardless of the
hourly pay rate of either the donor or the recipient.
ii. Donations must be made in one (1) hour increments.
iii. Donations may come only from accrued General Leave banks.
iv. Donations will be provided to the recipient employee incrementally each pay
period in the order in which the donations were received. Once approved,
the donations shall be removed from the donor's leave bank. This transfer is
irrevocable.
v. Donations are made on a voluntary basis and shall be kept confidential and
not revealed to the recipient, other donors, and/or other employees.
vi. Employees may donate up to half their annual accrual of General Leave.
vii. The maximum amount of donations an employee may receive per year is 800
hours. These hours must be integrated with the employees STD/LTD or
workers' compensation benefit payments if applicable. In no event shall an
employee receive a combination of leave donations, STD/LTD, and/or
[47]
Workers' Compensation in an amount that would exceed the employees'
pre-incident earnings.
viii.Once a recipient has exhausted his/her accrued paid leave balances and is
receiving only donated MECL hours, accrual of General Leave will cease until
such time as the employee returns to work and begins receiving regular
earnings for time worked.
ix. Under special circumstances use of intermittent use of MECL hours may be
approved.
f. Procedures
i. MECL Request
A. Eligible employees may request MECL donations by completing the
Medical Emergency /Catastrophic Leave (MECL) Request Form.
B. The accepting/requesting employee must provide medical certification(s)
indicating the duration of the illness/injury will be for 30 consecutive
calendar days or longer.
C. The employee shall submit the MECL Request Form and medical
certification to Human Resources for approval and processing.
D. Upon approval and with the employee's consent, Human Resources will
accept donations and (if authorized) advertise the request for MECL
donations. Advertising may be in the form of a-mail, flyers, staff meeting
announcements, or other authorized advertising approved by Human
Resources and with the employee's consent.
ii. MECL Donation
A. Employees who wish to donate leave time may do so by completing the
Medical Emergency /Catastrophic Leave (MECL) Donation form.
B. Employees may donate an amount up to one-half (1/2) their annual
accrual of General Leave.
C. MECL Donation Forms shall be sent to the Human Resources Department
for approval. Donations will be kept strictly confidential.
D. The Human Resources Department will monitor donations to ensure the
maximum hourly donations per recipient are not exceeded.
[48]
E. Donations will be provided to the recipient employee incrementally each
pay period in the order in which the donations were received. Once
approved, the donations shall be removed from the donor's General
Leave bank. This transfer is irrevocable.
3. Military Leave
Military Leave shall be granted in accordance with the provisions of state and federal
law. An employee requesting leave for this purpose shall provide the department head,
whenever possible, with a copy of the military orders specifying the dates, site and
purpose of the activity or mission. Within the limits of such orders, the department
head may determine when the leave is to be taken and may modify the employee's
work schedule to accommodate the request for leave.
a. Salary or Wades
Any employee who is on active duty and has been employed for at least one (1) year
will receive his/her salary for the first thirty (30) days of military duty.
Any employee who is a member of the National Guard will receive his/her salary for
the first thirty (30) days of active service regardless of length of service with the City.
Any employee who is on temporary military duty and has been employed for at least
one year or at least one year of combined military/employment service will receive
his/her salary for the first thirty (30) days of duty, provided the ordered duty does
not exceed one hundred eighty (180) days. Pay shall not exceed thirty (30) days in
any fiscal year.
An employee will not be compensated for weekend reserve duty, but will be
compensated during annual reserve training.
b. Health Insurance Benefits
Any employee on Military Leave may elect to continue health care coverage for
himself/herself and any eligible dependents for a maximum of twenty-four (24)
months by paying the premium amount in advance.
c. General Leave Benefits
Employees on active duty are not entitled to accrue General Leave with the
exception that a National Guard member on active duty is entitled to accrue General
Leave for the first thirty (30) days of active duty.
[49]
d. Re-employment Rights of Employees Returning From Military Leave
Employees returning from Military Leave are entitled to re-employment to their
previous position (or a position of similar seniority, status and pay) if:
i. The employee has given advance written or verbal notice of such military
service to the employer;
ii. The cumulative length of the absence and of all previous absences from a
position of employment with the City by reason of military service does not
exceed five (5) years; and
iii. The returning veteran reports to, or submits a re-employment application, to
the employer in accordance with the notice provisions mandated by federal
law. The amount of notice an employee must provide an employer of his/her
intent to return to work depends on the amount of time the employee has
been on Military Leave.
The City may refuse reinstatement if:
The City's circumstances have changed so much as to make the re-
employment impossible or unreasonable; or
ii. Re-employment of the individual would impose an undue hardship on the
City; or
iii. The position from which the person left existed for a brief, non-recurrent
period and there was no reasonable expectation the job would continue
indefinitely or for a significant period.
4. Jury Duty Leave
All employees will be encouraged to serve on jury duty when summoned. Any full-time,
regular or probationary employee on jury duty will receive his/her full City salary; other
employees may be provided with an unpaid leave of absence. The time spent on jury
duty is not considered work time for purposes of calculating overtime. Any amounts
payable to the employee for jury duty, except for mileage reimbursements, will be
collected by the City. Employees who have the option to call in for juror status should
exercise that option. Employees who are dismissed from jury duty within Orange County
with three (3) or more hours remaining on their normal work shift must return to work
for the remainder of their shift.
[50]
5. Family Sick Leave (KinCare Leave)
In accordance with state law, an employee may use accrued General Leave, up to an
amount that is half of his/her annual accrual, to care for the employee's sick child,
parent, spouse, or domestic partner. Such leave may run concurrently with FMLA/CFRA
Leave.
6. Leave to Participate in Child's School or Child Care Activities
In accordance with state law, an employee who is a parent, guardian, or grandparent
having custody of a child in kindergarten, in grades one through twelve, or in a licensed
child day care facility, may take time off from work to participate in the activities of the
child's school or licensed child care facility, subject to the conditions outlined below.
Such leave is limited to 40 hours per calendar year and may not exceed eight (8) hours
in any calendar month. During the leave, the employee shall use accrued General Leave,
Administrative Leave, and/or Compensatory Time Off. If the employee has no paid leave
accrued, the employee may take unpaid leave, subject to department head approval. In
order to take leave, the employee must provide his/her department head with
reasonable advance notice.
Eligible activities include, but are not limited to, field trips, open houses, extracurricular
activities, and suspension meetings. The City may require the employee to provide
documentation from the school or licensed child care facility that verifies the
employee's participation in the child's activities at a specific date and time.
If both of the child's parents are employed by the City, the employee who provided
notice first is entitled to the leave requested.
7. leave for Victims of Domestic Violence and Sexual Assault
In accordance with state law, an employee who is a victim of domestic violence or
sexual assault is entitled to take time off from work to seek relief (such as a temporary
restraining order) or other assistance to help safeguard the health, safety, or welfare of
the employee and/or his/her child. The employee must provide reasonable advance
notice of the intent to take leave for this reason, unless advance notice is not feasible.
Leave for this purpose is unpaid, though an employee may choose to use accrued paid
leave.
[51]
8. Special Leaves with and without Pay
Special Leaves are leaves of absence that are granted in rare, unusual circumstances and
are not covered under other provisions of these Rules or an MOU or salary resolution.
a. 30 Days or Less
Upon the written recommendation of the department head, the City Manager may
authorize special leaves of absence without pay for one or more periods not to
exceed thirty (30) days in a calendar year for any purpose deemed by the City
Manager not to be detrimental to the City.
b. Greater than 30 Days
The City Council may, upon the recommendation of the City Manager, grant special
leaves of absence with or without pay in excess of thirty (30) days for purposes
deemed by the City Manager to be beneficial to the City. Failure of the employee to
return to service at the end of the leave, except in extraordinary circumstances, will
constitute an automatic termination.
9. Time Off to Vot
In accordance with state law, employees are eligible for paid time off for the purpose of
voting only if they do not have sufficient time outside of working hours to vote. The
intent of the law is to provide an opportunity to vote to workers who would not be able
to do so because of their jobs.
Subject to the conditions above, an employee may take up to two (2) hours off of work
to vote in a statewide election, without any loss of pay, if the employee is scheduled to
work during voting hours (typically 7 am to 8 pm). In general, a "statewide election" is
defined as one in which all voters in the state have an opportunity to vote on at least
one common race or issue. An employee is entitled to take as much time as actually
needed to vote, but only up to two (2) hours of that time will be paid.
Time off for voting may be taken only at the beginning or end of the employee's regular
work shift, unless other arrangements are approved in advance by the employee's
department head. If the employee needs time off to vote, he/she must notify his/her
department head at least two (2) working days prior to the election.
Iszl
SECTION 9. EMPLOYEE STATUS CHANGES
A. Transfer
1. Voluntary Transfer
A regular employee may initiate a request to transfer to another position in the same
classification for which the employee, in the opinion of the Director of Human
Resources or designee, is qualified by submitting a request to transfer to the Human
Resources Department. The request will be kept on file for one year from the date of
receipt. With the approval of the department head for whom the employee currently
works and the department head for whom the employee wishes to work, the employee
may be transferred to the new position when a vacancy becomes available.
2. Involuntary Transfer
After notice to the Human Resources Department, an employee may. be transferred by
the City Manager at any time from one position to another position in the same or a
comparable classification, in the same or a different department.
B. Promotion
Promotions are discussed in Section 5.G.2 (Salary on Promotion) and Section 6.C.1
(Recruitment and Examination Type).
C. Demotion
1. Involuntary Demotion
A department head may demote an employee whose ability to perform his/her required
duties falls below standard or for misconduct. An employee involuntarily demoted is
entitled to the rights provided in Section 12 of these Rules (Discipline) or an applicable
salary resolution and/or MOU.
2. Voluntary Demotion
Upon request of the employee, and approval of the department head, an employee may
voluntarily demote to a position in a lower classification. No employee shall be
demoted to a position for which he/she does not possess the minimum qualifications.
[53j
D. Suspension
An employee may be suspended by the department head without pay for cause in
compliance with Section 12 (Discipline) of these Rules or an applicable salary resolution
and/or MOU.
In extreme and severe circumstances, an emergency suspension without pay not to exceed
five (5) working days may be imposed to allow time for an investigation which may lead to
disciplinary action against an employee. If, at the end of that time, disciplinary action is not
taken, the employee shall be reinstated with full pay and benefits provided, however, that
nothing in this section shall prohibit future disciplinary action, including suspension without
pay, to be taken based on further investigation of the charges.
E. Reduction in Salary
A department head may reduce an employee's salary for cause. A reduction in salary for
disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower step
within the salary range, or (2) a decrease in salary paid to an employee for a fixed period of
time. An employee whose salary is reduced is entitled to the rights provided in an
applicable MOU or Section 12 of these Rules (Discipline). FLSA-exempt employees are not
subject to reduction in salary.
F. Reinstatement
For a period of up to one (1) year, upon recommendation of the department head and with
the approval of the City Manager, a regular employee who has resigned in good standing
with satisfactory performance may be reinstated to his/her former position, if vacant, or to
a vacant position in the same or comparable classification. Upon reinstatement the
employee, for all purposes, shall be considered a new employee, and hence will serve a new
probationary period.
[54]
SECTION 10. SEPARATION FROM SERVICE
A. Discharge or Dismissal
1. At-Will Employees
An at-will employee may be discharged by the department head at any time, with or
without cause and without right of appeal.
2. Regular Employees
A regular employee may be discharged for cause. An employee who is discharged for
cause is entitled to the rights provided by an applicable MOU or Section 12 of these
Rules (Discipline).
B. Layoff
1. Authority to Lay Off
The City Manager may lay off employees at any time for lack of work, budgetary
reasons, technological changes or other City actions that necessitate a reduction in the
work force.
2. Definitions
a. Original probationary period - an employee's first probation period during
continuous City employment.
b. Promotional probationary period -the probationary period served upon promotion
from one City position to another.
c. Seniority -length of continuous service with the City from date of hire into a merit
system position. For purposes of this section, time served on a military leave of
absence and a leave of absence due to a workers' compensation injury shall be
considered City service. An employee shall continue to accrue seniority during any
unpaid leave of absence of 30 days or less taken for any purpose; however, seniority
will cease to accrue after 30 days of unpaid leave.
3. Designation of Positions for Layoff
When it becomes necessary to reduce the work force, the City Manager shall designate
the position(s) or classification(s), and division(s), department(s), or other organizational
unit(s) in which positions are to be eliminated. Contract, provisional, and temporary
employees in the same classification as the positions proposed for elimination within
[55]
the affected organizational unit shall be laid off first. Probationary promotional
employees who are laid off shall be returned to the position held prior to their
promotion.
4. Order of Layoff
a. The names of all original probationary employees occupying positions in the affected
class shall be listed in alphabetical order. The City Manager or his/her designee shall
select from this list one employee, regardless of his/her place on the list, to be laid
off for each position to be abolished.
b. If the positions to be abolished exceed the number of employees available for layoff
after layoff of original probationary employees as described above, a "Subject to
Layoff List" shall be prepared. The list shall be composed of all regular and
promotional probationary employees in the class from which a position is to be
abolished. Names of the employees shall be listed in reverse order of their lengths of
City service; i.e., those having the least seniority will be listed first.
c. In selecting employees to be laid off, those employees at the top of the list shall be
laid off first. When employees have equal seniority, the City Manager will select the
employee to be laid off with consideration given to the employee's past
performance and in consultation with the concerned department head.
d. The names of laid off employees shall be listed on a reemployment list in the reverse
order of their dates of layoff.
5. Bumping Rights
Any employee subject to layoff who has held regular status in a position in a lower
classification in the class series from which he/she is to be laid off may request
placement in the lower classification. The request is subject to approval by the City
Manager. If approved, this request will result in the layoff of the least senior employee
in the lower classification.
An employee who has been involuntarily transferred to a class from which a layoff is to
be made shall have automatic bumping rights to his/her previous classification for up to
one (1) year from the effective date of the transfer.
6. Severance Assistance
a. Severance Pay
Severance pay of one (1) week per year of service, up to a maximum of four (4)
weeks of pay, will be provided to an employee who is laid off and not offered
employment through an agreement between a contractor and the City. This
[56]
provision only applies to employees who actually lose employment with the City, not
employees who are placed in another position as a result of bumping rights.
b. Flexible Benefits Contributions
An employee who is laid off shall have his/her Flexible Benefits contribution
continued for an additional two (2) months following the month in which the
employee was laid off if he/she is not covered by another medical plan at the time.
c. Letters of Recommendation
Letters of recommendation will be provided for an employee whose performance
was satisfactory as of the date of his/her layoff.
d. Employment Assistance
Reasonable assistance in locating alternative employment will be provided for an
employee who.is laid off.
7. Re-Employment List
The name of every regular employee who is laid off or demoted in lieu of layoff shall be
placed on a re-employment list in reverse order of their dates of layoff.
Names maybe removed from a re-employment list for any of the following reasons:
a. The expiration of eighteen (18) months from the date of placement on the list.
b. Re-employment in any permanent full-time position, regardless of department or
classification level.
c. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent
via Certified Mail regarding availability of employment.
d. Failure to report to work within fourteen (14) calendar days of mailing of a
registered letter containing a notice of re-employment, absent mitigating
circumstances.
e. An individual requests in writing that his/her name be removed from the list.
8. Re-employment
Vacancies to be filled within a department shall be offered first to individuals on the re-
employment list who held a position in the same classification as the vacancy to be
filled.
[57]
A regular employee who has been laid off and is re-employed in a permanent position
within eighteen (18) months from the effective date of his/her layoff shall be entitled to:
a. Buy back and restoration of all General Leave credited to the employee's account on
the effective date of layoff at the same rate as it was paid off. This restoration must
be requested in writing within 30 days of returning to work and must be fully paid
back within six (6) months of the return to work.
b. Restoration of seniority accrued prior to layoff and during layoff.
c. The same accrual rate that was in effect prior to layoff.
d. Placement in the salary range as if the employee had been on a leave of absence
without pay if he/she is reinstated to the same job classification from which he/she
was laid off.Placement in the salary range at the same step held prior to layoff if the
employee is reinstated to the same job classification from which he/she was laid off.
If the person who is re-employed had not satisfactorily completed the required
probationary period in the department of appointment prior to layoff, he/she shall
serve a probationary period upon re-employment.
9. Notices
At least two (2) weeks' notice (14 calendar days) shall be given to any employee who is
to be laid off. All notices and requested actions referenced in this section shall be in
writing and sent by Certified Mail or delivered personally to the addressee. All notices
to the City shall be addressed to the City Manager. Employee shall be responsible for
notifying the City of any address change and any such notice shall be served in
accordance with this paragraph.
10. Displacement of Part-Time Employee
In the event a reduction in force is necessary, apart-time employee may not displace a
full-time employee. However, afull-time employee may displace a less senior part-time
employee provided he/she is otherwise eligible to displace the less senior employee.
11. No Appeal
Employees do not have any right to appeal their layoff from employment.
C. Resignation
An employee wishing to leave City service in good standing shall file with the department
head or Director of Human Resources, at least ten (10) working days before leaving City
[58]
service, a written letter of resignation. The letter shall be forwarded to the Human
Resources Department Failure to comply with this rule shall be entered on the service
record of the employee and may be cause for denying future employment by the City. The
resignation of an employee who fails to give notice shall be reported immediately by the
department head to the Human Resources Department. A resignation becomes final once
accepted by the department head. Once a resignation has been accepted, it cannot be
withdrawn.
D. Disability
1. Policy
An employee may be transferred, demoted, or separated from service for disability only
when he/she cannot perform the essential functions of the job because of a physical
and/or mental impairment and the City has engaged in an interactive dialogue with the
employee and considered possible reasonable accommodations, in accordance with the
Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA).
An accommodation will.not be provided if it would present a direct and imminent threat
to the health and safety of the employee or others.
2. Procedure
a. Request for Accommodation
An employee who desires a reasonable accommodation in order to perform
essential job functions should make such a request in writing to the Human
Resources Department. The request must identify: (a) the job-related functions at
issue; and (b) the desired accommodation(s).
b. Reasonable Documentation of Disability
Following receipt of the request, the Human Resources Department may require
additional information, such as reasonable documentation of the existence of a
disability.
c. Fitness for Dutv Examination
The City may require an employee to undergo a fitness for duty examination to
determine whether the employee can perform the essential functions of the job
with or without reasonable accommodation. The City may also require that aCity-
approved physician conduct the examination.
[59]
d. Interactive Process Discussion
After receipt of reasonable documentation of disability and/or a fitness for duty
report, the City will arrange for a discussion, in person or via telephone conference
call, with the employee, and his/her representative(s), if any. The purpose of the
discussion is to work in good faith to fully discuss all feasible potential reasonable
accommodations.
e. Case-bv-Case Determination
The City determines, in its sole discretion, whether reasonable accommodation(s)
can be made, and the type of accommodation(s) to provide. The City will not
provide accommodation(s) that would pose an undue hardship upon City finances or
operations, or that would endanger the health or safety of the employee or others.
The City will inform the employee of its decision as to reasonable accommodation(s)
in writing.
E. Retirement
When an employee meets the conditions set forth in these Rules and the California Public
Employees' Retirement System (CaIPERS) retirement plan regulations, the employee may
elect to retire and receive all benefits earned under the retirement plan.
F. Disability Retirement
1. Local Miscellaneous Retirement Plan
For an employee enrolled in the Local Miscellaneous retirement plan (i.e. a civilian
employee), disability status and entitlement to a disability retirement shall be
established by the California Public Employees' Retirement System (CaIPERS).
2. Local Safety Retirement Plan
For a sworn police employee who is enrolled in the CaIPERS Local Safety retirement
plan, the determinations as to whether (1) that employee is disabled, and (2) such
disability was industrially caused, shall be made by the City Council. The Director of
Human Resources, or his/her designee, shall submit recommendations regarding the
employee's disability retirement to the City Council for adoption and certification to the
CaIPERS board. Once adopted by the City Council, all decisions shall be final.
[60]
SECTION 11. GRIEVANCES
A. Policy
Any employee shall have the right to file a grievance as provided in these Rules without fear
of reprisal. The goal of this procedure is to resolve complaints as soon as possible.
1. Eligibility
A grievant is a regular employee who is personally affected by an act or omission that
occurred no more than thirty (30) calendar days prior to the initiation of the grievance,
provided that the act or omission comes within the definition of "grievance" as
described herein.
2. Definition
Subject to the exclusions listed in this policy,. a "grievance" is defined as any dispute
that:
a. Is job-related;
b. Is wholly or partially within the province of the City to rectify or remedy;
c. Concerns terms and conditions of employment;
d. Involves the interpretation, application, or alleged violation of these Personnel Rules
or a current memorandum of understanding (MOU) between the City and a
recognized employee organization representing City employees; and
e. Is not subject to any other City dispute resolution process or procedure that is
provided by statute, ordinance, resolution or agreement.
3. Exclusions from the Grievance Procedure
The following matters are excluded from the definition of "grievance":
a. Issues that are subject to meeting and conferring, such as requests for changes in
wages, hours, or working conditions, including any impasse or dispute in the meet
and confer process or matter within the scope of representation;
b. Requests for changes in the content of employee evaluations or performance
reviews, verbal or written warnings, reprimands or counseling memos;
[61]
c. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of
a step or merit increase;
d. Challenges to any disciplinary action; and
e. Challenges to examinations or appointment to positions.
B. Procedure
The steps of the grievance procedure are as follows:
1. The employee concerned shall first make efforts to resolve a grievance with his/her
immediate supervisor.
2. The employee may next request a personal conference with the department head to
resolve the matter.
3. If not satisfied, within thirty (30).days of the occurrence of the act(s) that constitute the
grievance, the employee may reduce the grievance to writing. The complaint shall set
forth all facts necessary to understanding the issues involved and shall be free of any
charge or language not pertinent to the real issue involved. The written grievance
should include the following:
a. How the grievant is/was adversely affected by a specific act or omission which gave
rise to the alleged violation, misinterpretation, or misapplication;
b. The specific provision of these Rules or an applicable MOU that was allegedly
violated, misinterpreted, or misapplied;
c. The date or dates on which the violation, misinterpretation, or misapplication
allegedly occurred;
d. The documents, witnesses, or other evidence that support the grievance;
e. The desired solution or remedy;
f. The signature and identification of the grievant; and
g. The person, if any, the grievant has chosen to be his/her representative.
The grievance complaint, containing all of the information listed above, shall be
submitted to the employee's department head.
4. The department head shall investigate the facts and issues and reply in writing to the
employee within ten (10) working days of receipt of the written grievance, stating the
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department's conclusion and view of the issues involved, and any corrective action
deemed appropriate.
5. If the employee is not satisfied and wishes to pursue the grievance further, he/she shall
appeal to the City Manager within ten (10) working days of receipt of the department
head's written response by providing two copies of the original complaint and two
copies of the reply to the City Manager with a request for review by the City Manager.
6. The City Manager shall meet with the employee and department head within ten (10)
working days of receipt of the employee's request for review in an earnest effort to
arrive at a satisfactory conclusion of the issue. The City Manager may allow the
employee (or the employee's representative) and the department head to call witnesses
and present evidence.
7. Within ten (10) working days of the meeting, the City Manager shall respond to the
employee and the department head with his/her conclusions, findings and decisions or
provide notification of extension with an expected date of decision provided, however,
. that this period may be extended as circumstances require.
The City Manager's decision will be final and binding.
C. Settlement
Any grievance will be deemed settled when it is not appealed to the next step within the
specified time limit, unless an extension of time to a definite date has been mutually agreed
upon in writing. Any grievance that the grievant fails to timely move to the next step shall
be deemed resolved on the basis of the last disposition.
D. Representation
An employee may have a representative of his/her choice present at all stages of the
grievance procedure, except that no one may be represented by an employee he/she
supervises, and no employee may be represented by his/her supervisor or department
head. If the employee's representative is a fellow employee, that employee will receive
time off from his/her work assignment for the time of the grievance meeting plus
reasonable travel time. Forty-eight (48) hours prior to the grievance meeting, the employee
shall inform the immediate supervisor, department head or City Manager whether he/she
will be represented at the grievance meeting and identify the representative.
E. Delegation
The City Manager may delegate non-involved department heads or other management
employees to act on his/her behalf in this process. The findings and recommendations
rendered by the designee(s) will be advisory to the City Manager, whose ultimate decision
will be final and binding.
[63]
SECTION 12. DISCIPLINE
Unless otherwise specified by a memorandum of understanding, this section of the Personnel
Rules constitutes the City's policy regarding disciplinary actions.
A. Policy Coverage
The following categories of persons can be terminated at-will and have no rights to any of
the pre- or post-disciplinary processes or procedures in this policy:
1. Temporary or emergency employees;
2. Part-time non-benefitted employees;
3. Original probationary employees;
4. Any person who serves pursuant to a contract; and
5. Any person who is designated "at-will" in any City policy, document, acknowledgement,
resolution or ordinance.
B. Causes for Discialine
Regular employees may be counseled, admonished, reprimanded, suspended, demoted,
discharged or incur a reduction in salary for a number of reasons including, but not limited
to, any of the following causes of discipline:
1. Violation of any City or department rule, policy, regulation, ordinance or resolution;
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness;
4. Making any false statement, omission or misrepresentation of a material fact;
5. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
6. Unsatisfactory job performance;
7. Inefficiency;
8. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited
to the following acts or omissions:
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a. Conviction of a felony. "Conviction" shall be construed to be a determination of
guilt of the accused by a court, including a plea of guilty or nolo contendere (no
contest), regardless of sentence, grant of probation, or otherwise.
b. The damaging of City property, equipment, or vehicles, or the waste of City supplies
through negligence or misconduct.
9. Insubordination, defined as failing to follow the direct lawful order of a supervisor;
10. Insulting or demeaning the authority of a supervisor or manager;
11. Dishonesty;
12. Theft;
13. Violation of the City's or a department's confidentiality policies, or disclosure of
confidential City information to any unauthorized person or entity;
14. Misuse of any City property, including, but not limited to: physical property, tools,
equipment, communication systems, or Intellectual Property;
15. Mishandling of public funds;
16. Falsifying any City record;
17. Discourteous treatment of the public or other employees;
18. Failure to cooperate with employee's supervisor or fellow employees;
19. Unapproved outside employment or activity that violates the City's Outside
Employment policy, or other enterprise that constitutes a conflict of interest with
service to the City;
20. Any conduct that impairs, disrupts or causes discredit to the City, the employee's City
employment, to the public service, or other employee's employment;
21. Failure to comply with OSHA Safety Standards and City safety policies;
22. Failure to report to his/her supervisor any contact with criminal authorities (such as
police) which may affect employment with the City;
23. Altering, falsifying, and tampering with time records, or recording time on another
employee's time records; or
24. Working overtime without prior authorization.
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C. Disciplinary Administrative Leave
A department head, with the approval of the Director of Human Resources, may place an
employee on an administrative leave with pay pending a potential disciplinary action.
Disciplinary Administrative Leave with pay is authorized: (1) when the department head
believes that the employee's continued presence at the work site could have detrimental
consequences for City operations, or (2) pending investigation into charges of misconduct.
If the charges against the employee are substantiated by the investigation, appropriate
disciplinary action may be taken in accordance with these procedures.
D. Types of Discipline
Discipline can range from informal discussions with an employee to discharge. The goal of
discipline is to correct poor behavior or performance rather than to punish the employee. In
general, an employee should be disciplined progressively with discipline becoming more
severe if the employee continues to violate the City's rules. However, each step need not be
used or followed progressively in every case. In some circumstances progressive. discipline is
not feasible and there are violations which justify implementing more severe disciplinary
action immediately, without first initiating less severe disciplinary actions.
The types of discipline are described below in the typical progressive sequence of
disciplinary action:
1. Counseling
Counseling includes any informal discussion with an employee that is designed to assist
the employee with developing his/her skills, abilities, or conduct. The purpose of
counseling may be to clarify City/department rules, solve a problem, or discuss
particular weaknesses. Ideally, counseling will achieve the goal of remedying problems
quickly before they require more severe discipline.
A counseling memo shall be retained in the supervisor's file for documentation.
Counseling may not be appealed under this policy.
2. Verbal Admonishment or Reprimand
A verbal admonishment or reprimand is a spoken notification to the employee that
his/her performance or behavior must be improved or else more severe disciplinary
action will be taken. The reprimand identifies the areas in which the employee must
improve, establishes goals for improving, and informs the employee that failure to
improve will result in more serious discipline.
[66]
A verbal admonishment or reprimand shall be memorialized in writing and retained in
the supervisor's file for documentation. A verbal reprimand may not be appealed under
this policy.
3. Written Admonishment or Reprimand
A department head, or supervisor with the department head's approval, may admonish
or reprimand an employee by furnishing him/her with a written statement that
describes the specific reasons for the reprimand and provides formal notice to the
employee that further disciplinary action will be taken unless the behavior or
performance improves. A copy of the reprimand will be retained in the employee's
personnel file, and may not be appealed. The employee has the right to have a written
rebuttal attached to the reprimand in the employee's personnel file if the rebuttal is
submitted to the Human Resources Department within ten (10) working days of the
date the reprimand was received.
4. Suspension
A department head may suspend an employee from his/her position for cause.
Suspension is the temporary removal of an employee from his/her position. Documents
related to a suspension shall become part of the employees personnel file when the
discipline is final. An employee subject to suspension will receive prior written notice
and appeal rights as provided herein. FLSA-exempt employees are not subject to
suspension of less than one (1) week, except for violation of a workplace conduct rule.
5. Reduction in Salary
A department head may reduce an employee's salary for cause. A reduction in salary
for disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower
step within the salary range, or (2) a decrease in salary paid to an employee for a fixed
period of time. Documents related to a reduction in pay shall become part of the
employee's personnel file when the discipline becomes final. An employee subject to a
reduction in pay shall be entitled to prior written notice and appeal as provided herein.
FLSA-exempt employees are not subject to reduction in pay.
6. Demotion
A department head may demote an employee from his/her position for cause.
Demotion is the reduction of an employee's position to alower-paying classification.
Documents related to a demotion shall become part of the employee's personnel file
when the discipline is final. An employee subject to demotion shall be entitled to prior
written notice and appeal as provided herein.
[67]
7. Discharge
A department head may discharge an employee from his/her position for cause.
Discharge is the removal of the employee from City service. Documents related to
discharge shall become a part of any employee's personnel file when the discipline
becomes final. A discharged employee is entitled to prior written notice and appeal
rights based upon the terms described herein.
E. Skellv Process
The Skelly process is apre-disciplinary procedure for suspension, demotion, reduction in
pay, or discharge. Only regular, for-cause employees have the right to the conference and
appeal processes outlined in this section.
1. Notice of Intent to Discipline
The employee will be provided a written notice of intent to discipline that contains the
following:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
c. A summary of the facts upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which the intended
discipline is based;
e. Notice of the employee's right to respond to the department head regarding the
charges within ten (10) working days from the date of the Notice, either by
requesting an informal conference, or by providing a written response, or both;
f. Notice of the employee's right to have a representative of his/her choice at the
conference, should he/she choose to respond verbally; and
g. Notice that the failure to respond at the time specified shall constitute a waiver of
the right to respond prior to the imposition of discipline.
2. Employee's Response and the Skellv Conference
a. If the employee requests an informal conference to respond verbally to the
charge(s), the conference must be scheduled at least seven (7) working days after
the date the employee requests the conference. The conference will be an informal
meeting with the department head, at which the employee has an opportunity to
rebut the charges against him/her and present any mitigating circumstances. The
[68]
department head will consider the employee's presentation before any final
disciplinary action.
b. The employee's failure to make a verbal response at the arranged conference time,
or the employee's failure to cause his/her written response to be delivered by the
date and time specified in the notice, constitutes a waiver of the employee's right to
respond prior to the imposition of the discipline. In that case, the proposed
disciplinary action will be imposed on the date specified.
3. Final Notice of Discipline
a. At the conclusion of the Skelly process, the department head will (1) dismiss the
notice of intent and take no disciplinary action against the employee, (2) modify the
intended disciplinary action, or (3) impose the intended disciplinary action. In any
event, the department head will prepare and provide the employee with a notice
that contains the following:
i. The level of discipline, if any, to be .imposed and the effective date of the
discipline;
ii. The specific charges upon which the discipline is based;
iii. A summary of the facts upon which the charges are based;
iv. A copy of all written materials, reports, or documents upon which the discipline
is based; and
v. A statement of the nature of the employee's right to appeal.
F. Evidentiary Appeal to the City Manager
1. Request for Appeal Hearin
A regular, for-cause employee may appeal a final notice of discipline in the form of
suspension, demotion, reduction in salary, or termination by delivering a written
response to the charges and a request for appeal to the Director of Human Resources or
designee, who will forward the appeal to the City Manager. The written response and
request for appeal must be received no later than ten (10) calendar days from the date
of the department head's decision.
2. Hearing Officer
The City Manager will determine whether he/she will serve as the Hearing Officer during
the appeal hearing or will designate another individual to be the Hearing Officer.
[69]
3. Date and Time of the Appeal Hearin
The Human Resources Department will set a date for an appeal hearing within a
reasonable time after receipt of a timely written response and request for appeal. An
employee who, having filed a timely written response and request for appeal, has been
notified of the time and place of the appeal hearing, and who fails to appear personally
at the hearing, may be deemed to have abandoned his/her appeal. In such a case, the
City Manager may dismiss the appeal.
4. Identification of Issues, Witnesses and Evidence
No later than ten (10) days prior to the appeal hearing, each party will provide each
other and the Director of Human Resources with a list of all witnesses to be called
(except rebuttal witnesses) and a copy of all evidence (except rebuttal evidence) to be
submitted at the hearing. The City will use numbers to identify its evidence; the
employee shall use alphabet letters. Neither party will be permitted to call any witness
during the hearing who has not been identified pursuant to this section, nor use any
exhibit not provided pursuant to this section, unless that party.can show that they could
not have reasonably anticipated the need for the witness or exhibit. The Hearing Officer
will state at the beginning of the hearing the decision as to the precise issue(s) to be
decided.
G. Conduct of the Appeal Hearing
1. Subpoenas
The City Manager and the City Attorney's Office have the authority to issue subpoenas
in the name of the City prior to the commencement of the hearing. Each party is
responsible for serving his/her/its own subpoenas. City employees who are
subpoenaed to testify during working hours will be released with pay to appear at the
hearing. Non-exempt City employees who are subpoenaed to testify during non-
working hours will be compensated for the time they actually testify unless the City
agrees to a different arrangement.
2. Record of the Proceedings
All disciplinary hearings may, at the discretion of the parties, be either recorded by a
court reporter or tape recorded. Any party who requests a transcript of the proceedings
must pay for his/her/its own copy of a transcript.
3. The Hearing Officer's Authority During the Hearin
The Hearing Officer has the authority to control the conduct of the hearing. Only the
City Manager has the ability to affirm, modify, or revoke the discipline.
l~o~
4. Conduct of the Hearin
a. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner the Hearing
Officer decides is the most conducive to determining the truth.
b. Any relevant evidence may be admitted if it is the type of evidence upon which
responsible persons are accustomed to rely upon in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence, but over timely objection shall not be sufficient in itself to support a
finding, unless such evidence would be admissible over objection in civil actions. An
objection is timely if made before submission of the case.
d. The rules dealing with privileges shall be effective to the same extent that they are
now or hereafter may be.recognized in civil actions.
e. Irrelevant and unduly repetitious evidence may be excluded by the Hearing Officer
during the hearing.
f. The Hearing Officer shall evaluate relevancy, weight and credibility of testimony and
evidence and present his/her recommendations to the City Manager. The City
Manager is responsible for ultimate determination regarding relevancy, weight and
credibility of testimony and evidence.
g. During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon the request of either party.
h. All witnesses shall be sworn in for the record prior to testifying at the hearing.
5. Burden of Proof at the Heari
The City has the burden of proof by a preponderance of the evidence.
6. Right to Due Process
The employee shall have the following due process rights during the hearing:
a. The right to be represented by legal counsel or another chosen representative, at
his/her own expense;
b. The right to call and examine witnesses on his/her behalf;
[71]
c. The right to introduce evidence;
d. The right to cross-examine opposing witnesses on any matter relevant to the issues;
e. The right to impeach any witness regardless of which party first called him/her to
testify; and
f. The right to rebut evidence against him/her.
7. Presentation of Case
The parties will address their remarks, evidence, and objections, to the Hearing Officer.
All parties and their counsel or representatives shall not disparage the intelligence,
morals, or ethics of their adversaries or of the Hearing Officer. The Hearing Officer may
terminate argument at any time and issue a ruling regarding an objection or any other
matter. The Hearing Officer may alter the order of witnesses, limit redundant or
irrelevant testimony, or directly question the witness. The hearing shall proceed in the
following order unless the Hearing Officer directs otherwise:
a. The City shall be permitted to make an opening statement.
b. The employee shall be permitted to make an opening statement.
c. The City shall produce its evidence.
d. The employee shall produce his/her evidence.
e. The City, followed by the employee, may offer rebuttal evidence.
f. Closing arguments of no more than thirty (30) minutes shall be permitted. The City
shall have the right to argue first, the employee may argue second, and the City may
reserve a portion of its argument time for rebuttal.
8. Written Briefs by the Parties
The Hearing Officer or the parties may request the submission of written briefs. The
Hearing Officer will determine the deadline for submitting briefs and the page limit for
briefs.
9. Written Findings and Decision
a. Hearing Officer other than City Manager
If the City Manager designates another individual as the Hearing Officer, the Hearing
Officer shall render a written statement of findings and recommended decision
[72]
within fourteen (14) days after the hearing has been completed and the briefs, if
any, have been submitted. The City Manager will review the Hearing Officer's
written findings and recommendations and issue a decision within fourteen (14)
days of receipt. The City Manager's decision is final and binding.
b. Hearing Officer is the City Manager
If the City Manager is the Hearing Officer, he/she shall render a statement of written
findings and decision within fourteen (14) days after the hearing has been
completed and the briefs, if any, have been submitted. The City Manager's decision
is final and binding.
10. Proof of Service of the Written Findings and Decision
The City Manager shall send the written findings and decision, along with a proof of
service of mailing, to each of the parties and to each of the parties' representatives.
11. Statute of Limitations
The City Manager's written findings and decision are final. There is no process for
reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have
ninety (90) days from the date of the proof of service of mailing of the written findings
and decision to appeal the decision to the Superior Court in and for the County of
Orange.
[73]
SECTION 13. TRAINING AND EDUCATION REIMBURSEMENT
A. Training
The City may provide employees with training and continuing education opportunities as
appropriate. Such opportunities may include lecture courses, demonstrations, conferences,
seminars, assignment of reading matter or such other devices as may be available for the
purpose of improving the effectiveness and broadening the knowledge of municipal
employees in the performance of their respective duties.
Participation in and successful completion of special training courses may be considered in
employee advancements and promotions. Evidence of such activity shall be filed by the
employee with the Human Resources Department for inclusion in the employee's personnel
file.
B. Textbook and Tuition Reimbursement
1. Policy
Employees shall be encouraged to further their academic education and training in
those areas of benefit both to the employee and to the City. All regular employees will
be eligible for reimbursement by the City of tuition and specific related textbooks and
fees for professional and/or technical courses subject to the following section and
conditions or limits prescribed in the appropriate salary resolution and/or MOU. Part-
time benefitted employees are eligible for apro-rata share of reimbursement based on
position allocation of one-half (1/2) orthree-quarters (3/4) time.
2. Procedure
Reimbursement may be provided for tuition fees, textbooks, lab fees, parking or other
required supplies. An employee is required to have completed his/her original
probationary period to be eligible for textbook and tuition reimbursement.
The employee must obtain advance approval from his/her department head and the
Human Resources Department before enrolling in a course. To request approval, an
employee must complete the applicable portion of the Class Authorization and
Reimbursement Request form and send it to the Human Resources Department for
review. The Human Resources Department will approve or deny the request and return
the form to the employee.
Reimbursement can be requested by completing the applicable portion of the pre-
approved Class Authorization and Reimbursement Request Form, attaching supporting
documentation and submitting the form and documentation to Human Resources. The
employee must provide proof of successful completion of the course(s) with a
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satisfactory grade (C or better) and proof that payment of fees has been made. The
employee may be required to provide detailed class or per unit fees. Reimbursement
shall not be provided if the employee is drawing veteran's education benefits or is
eligible to receive any other reimbursement for the same course.
Employees are eligible for reimbursement up to a maximum amount per calendar year,
as specified in the applicable salary resolution and/or MOU. Part-time benefitted
employees are eligible for apro-rata share of the listed amount.
[75]
SECTION 14. PERSONNEL RECORDS
A. Personnel Files
1. Maintenance of Personnel File
The Human Resources Department shall maintain a personnel file for each City
employee showing the employee's name, title of position, department assigned, salary,
changes in employment status, and other pertinent information. Personnel files are the
property of the City and access to the information they contain is restricted. Personnel
files may be maintained in electronic and/or paper format.
2. Emplovee Access to Personnel Files
a. Inspection of Personnel File
An employee may inspect his/her.own personnel file, at reasonable times and. at
reasonable intervals. An employee who wishes to review his/her file should contact
the Human Resources Department to arrange an appointment. The review must be
done in the presence of the Director of Human Resources or his/her designee.
b. Co ies
On request, an employee is entitled to receive a copy of any employment-related
document he/she has signed. An employee who wishes to receive such a copy
should contact the Human Resources Department. The City may charge a reasonable
fee for the copies.
c. Limitations
The employee does not have the right to inspect letters of reference or ratings,
records or reports obtained by a representation of confidentiality.
B. Additional Emplovee Files
Separate files are maintained by the Human Resources Department for records of each
employee's medical, workers' compensation, and/or confidential disciplinary matters.
Access to these records is limited and subject to more stringent guidelines.
C. Changes in Emplovee Status
Every temporary or permanent change in the status of an employee requires the
completion of a Personnel Action Form (PAF) with all required signatures, including those of
the department head and the Director of Human Resources.
[76]
D. Changes in Personal Information
Each employee is responsible to promptly notify the Human Resources Department of any
changes in relevant personal information, including:
1. Mailing address.
2. Telephone number.
3. Persons to contact in emergency.
4. Names of dependents.
5. Marriage or domestic partnership.
E. Destruction of Records
All records relating to employment and personnel may be destroyed in accordance with
existing legal guidelines and/or adopted City Council resolutions.
F. Release of Personnel Information
1. Public Information
Upon request, the City will release to the public information about its employees as
required by the Public Records Act. The City will not disclose personnel information if it
believes doing so would constitute an unwarranted invasion of personal privacy or pose
a unique and specific threat to the employee's safety.
2. Reference Checks and Employment Verification
All requests from outside the City for reference checks or verification of employment
concerning any current or former employee must be referred to the Director of Human
Resources. Information will be released only if the employee signs an Authorization for
Release of Employment Information form ,except that without such authorization, the
following limited information will be provided: job title, dates of employment, and
current or final salary. Department heads and supervisors should not provide
information in response to requests for reference checks or verification of employment,
unless specifically approved by the Director of Human Resources.
[~~l
SECTION 15. ADDITIONAL BENEFITS
A. Retirement
The City has contracted with the California Public Employees' Retirement System (CaIPERS)
in order to provide retirement benefits to employees and is subject to the benefits and
regulations as prescribed by CaIPERS. The City's payment of all or part of the employee's
contribution is set forth in the applicable MOU or salary resolution.
B. Flexible Benefits Plan
The City has a Flexible Benefits Plan for all eligible employees that provides designated
contributions towards the purchase of medical insurance, dental insurance, and other
optional benefit plans. The amount of the City's Flexible Benefits contribution is set forth in
the applicable MOU and/or salary resolution.
C. Life Insurance
The City provides a life insurance policy for regular employees. The City's contribution to
the employee's plan is set forth in the applicable MOU and/or salary resolution.
D. Retiree Medical Insurance
The City will provide contributions towards medical insurance premiums for eligible retirees
as set forth in the applicable MOU and/or salary resolution.
E. Other Benefits
Other additional benefits, if any, will be provided in accordance with the appropriate salary
resolution and/or MOU.
[781
SECTION 16. STANDARDS OF CONDUCT
This section applies to all officials and employees of the City, regardless of whether they are in
the merit system. This includes contractors, temporary employees, volunteers, and all thirteen
(13) groups of individuals excluded from other sections of these Rules as specified in Section
1.H (Application of Personnel Rules).
A. Code of Ethics
1. Each official and employee has an obligation to the citizens, to the people's elected
representatives and to fellow employees to meet the highest ethical and professional
standards and to enhance the public's respect and trust for the City and its operations.
2. Employees of the City have responsibilities unique from their counterparts in private
industry. Employment with the City carries an obligation of personal integrity and
conduct that serves to establish public respect, confidence, and trust.
3. Employees represent the City and the quality of City service is judged through their
performance and conduct. The citizens of the City of Tustin have the right to expect
that City employees will provide services in an efficient, thorough and courteous
manner. It is intended that the rules and procedures which follow will assist employees
in maintaining high ethical standards and proper job performance, and in avoiding
potential conflicts of interest both in fact and appearance.
4. The City, as a condition of employment, expects to receive from the employee:
a. Initiative and a conscientious effort to perform productive work.
b. Cooperative, positive, responsive, and courteous relations with fellow employees,
supervisors, subordinates, and the public.
c. A continuous effort to strive for greater knowledge and skill on the job in order to
maintain performance at a high level.
d. Compliance with all policies, regulations, rules of conduct and ordinances
established by the City.
e. Responsible work habits demonstrated by:
i. Dependability, promptness, reliable attendance, and performing required
duties competently.
ii. Keeping informed of developments and matters affecting job performance,
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iii. Being flexible and adaptable to change.
iv. Accepting constructive suggestions and criticism.
v. Neat and clean grooming and attire appropriate to the job assignment.
Prescribed uniforms and safety equipment must be worn where applicable.
vi. Effectively implementing the official policies of the City when serving in their
official capacity with customers, clients, and the public and/or when
identifying themselves as City employees in the course of their work.
B. Gifts and Gratuities
No official or employee shall accept a fee, compensation, gift, payment of expenses or any
other thing of monetary value in any circumstances in which acceptance may result in or
create the appearance of any one or more of the following:
1. Use of public office and/or employment for personal or private gain
2. Preferential treatment of any person.
3. Loss of complete independence or impartiality.
4. Making a City decision outside of official channels.
5. Reduction of public confidence in the integrity of City government and/or its employees.
6. Impeding government efficiency or economy.
Employees who are designated in the City's conflict of interest code shall follow all
guidelines in accordance with applicable state law.
C. Political Activity
While on duty no City employee shall use his/her position to influence any vote or other
political activity within the City. An employee who is engaged in political activity while off-
duty shall not knowingly solicit political contributions from other City employees unless
done incidentally to a solicitation of a larger segment of the public which may happen to
include City employees. No City employee shall participate in political activities of any kind
while on duty, in uniform, or while using City equipment or property.
No City employee shall engage in political activity during working hours. Political activities
are prohibited on all City premises with the exception that political activities may take place
at the Clifton Miller Community Center, the City Council Chambers, or any other City facility
when the facility has been rented out for the occasion.
lao~
D. Outside Employment
No employee shall engage in outside employment which is inconsistent, incompatible, in
conflict with or which will lessen his/her effectiveness as a City employee.
1. Approval Process
To gain approval for outside employment, an employee must first file an Outside
Employment Authorization Request form with his/her department head. Outside
employment is not permitted until the employee receives authorization from the
department head and Director of Human Resources.
2. Restrictions
No City-owned equipment, vehicles, tools or supplies shall be used by any employee
while the employee is engaged in any outside employment or activity. No work related
to outside employment shall be performed while an employee is being compensated by
the City for performing work.
Employees shall not use the influence of City employment for personal gain nor perform
work subject to City inspection.
An employee will not engage in outside employment while on Industrial Disability Leave
(workers' compensation leave) status with the City. Under special circumstances of
undue hardship, the City Manager may consider authorizing outside employment upon
request.
3. Revocation
Approval may be rescinded at any time if, in the judgment of the department head, the
outside employment is inconsistent with, incompatible with, in conflict with, or harmful
or unfavorable to the employee's duties as a City employee.
E. Alcohol and Drub Abuse
1. Purpose
This provision provides guidelines for the detection and deterrence of alcohol and drug
abuse. It is the policy of the City to maintain a safe, healthful and productive
environment for all employees. To that end, the City will prohibit any substance abuse
(alcohol, illegal drugs, prescription drugs, or other substance which could impair an
employee's ability to safely and effectively perform the functions of the particular job),
which increases the potential for accidents, absenteeism, substandard performance,
poor employee morale or damage to the City's and/or its employees' reputation.
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Violations of the Alcohol and Drug Abuse policy by an employee may result in discipline
up to and including termination. Job applicants may be denied employment for
violations of this policy.
This provision recognizes the serious duty entrusted to the employees of the City and
the knowledge that drugs and alcohol hinder a person's ability to perform duties safely
and effectively.
2. Policy
Employees shall not:
a. Report to work under the influence of alcohol or drugs;
b. Possess alcohol or drugs while on duty or assigned standby or utilize such substances
while they are subject to City duty or assigned standby;
c. Sell or provide drugs or alcohol to any other employee or to any person while such
employee is on duty or assigned standby; or
d. Have their ability or work impaired as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation of this
section, when there is a question regarding an employee's ability to safely and
effectively perform assigned duties while using such medications or drugs, clearance
from a qualified physician will be required. While it is not the City's intention to know of
every prescription drug an employee uses, it is the City's policy that the employee is
responsible for notifying his/her supervisor before beginning work when taking
prescription medications which the employee has been cautioned may interfere with
the safe and effective performance of duties or operation of City equipment.
As a condition of employment, employees are required to notify the City of any criminal
drug statute conviction for a violation occurring in the workplace no later than five (5)
calendar days after such conviction.
The City has established a voluntary employee assistance program to assist those
employees who voluntarily seek help for alcohol and drug problems. Employees should
contact the Human Resources Department for additional information.
The City reserves the right to search, without employee consent, all areas and property
of which the City maintains joint control with the employee or full control. The City may
only search an area or property of joint control or full City control as long as one of the
following occurs: 1) the area/property is searched in the employee's presence, 2) the
[821
area/property is searched with the employee's consent, 3) a valid search warrant has
been obtained, or 4) the employee has been notified that a search will be conducted.
Violations of this section shall be grounds for disciplinary action. Disciplinary action can
include, but is not limited to, supervisor counseling, professional counseling, and
discharge from City service. A manager and/or supervisor may direct an employee to
submit to a drug and/or alcohol analysis when a manager or supervisor has a reasonable
suspicion that an employee is intoxicated or under the influence of drugs or alcohol.
Refusal to submit immediately to an alcohol and/or drug analysis when directed by City
management may constitute insubordination and may be grounds for discipline up to
and including termination.
Employees reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work. If an employee is unable to drive safely or is
in need of medical assistance, an authorized City representative will transport the
employee to a medical facility or home, as appropriate.
3. Application
This section applies to all City employees and all applicants for positions with the City.
The policy applies to alcohol and to all substances, drugs, or medications, legal or illegal
which could impair an employee's ability to effectively and safely perform the functions
of the job.
4. Management Responsibilities and Guidelines
Managers and supervisors are responsible for consistent enforcement of this policy.
Managers and supervisors may direct an employee to submit to a drug and /or alcohol
analysis when a manager or supervisor has a reasonable suspicion that an employee is
intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief
based on objective and articulated facts sufficient to lead a reasonable person to
suspect that an employee is under the influence of drugs or alcohol to the extent that
the employee's ability to perform the functions of the job is impaired or to the extent
that the employee's ability to perform his/her job safely is reduced.
For example, any of the following, alone or in combination, may constitute reasonable
suspicion:
a. Slurred speech;
b. Alcohol on breath;
c. Inability to walk a straight line;
[83]
d. An accident involving City property;
e. Physical altercation;
f. Verbal altercation;
g. Behavior which is so unusual that it warrants summoning a supervisor or anyone
else with authority;
h. Possession of alcohol or drugs;
i. Information obtained from a reliable person with personal knowledge.
Any manager or supervisor directing an employee to submit to a drug and or alcohol
analysis should immediately 1) document in writing the facts constituting reasonable
suspicion that the employee in question is intoxicated or under the influence of drugs
and 2) contact the Human Resources Department and the employee's department head.
Any manager or supervisor encountering an employee who refuses to submit to a drug
and/or alcohol analysis shall remind the employee of the requirements and
consequences of this policy.
Any employee refusing to submit to a drug and/or alcohol test shall not be forced to
submit to such testing. The manager or supervisor should detain the employee for a
reasonable time until an authorized City representative or law enforcement
representative can transport the employee to a medical facility or home, as appropriate.
Managers and supervisors shall not physically search employees. Managers and
supervisors shall notify the appropriate law enforcement agency when they have
reasonable suspicion to believe that an employee may have illegal drugs in his/her
possession or in an area not jointly or fully controlled by the City. Should the responding
law enforcement agency be the City's Police Department, a member of the Police
Department who is also a manager or supervisor may perform any type of physical
search that is legally permissible as part of his/her official capacity as a sworn peace
officer.
Managers and supervisors shall not confiscate, without consent, prescription drugs or
medications from an employee who has a prescription.
Any manager or supervisor who abuses this provision shall be subject to disciplinary
action.
5. Employee Responsibilities
An employee must:
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a. Not report to work or be subject to duty while his/her ability to perform job duties is
impaired due to alcohol or drug use, on or off duty;
b. Not possess or use alcohol or drugs (illegal drugs and legal drugs without a
prescription) during working hours or while subject to duty, or at anytime while on
City property;
c. Not directly or through a third party sell or provide drugs or alcohol to any person or
to any other employee while either the employee or both employees are on duty or
subject to being called;
d. Submit immediately to an alcohol and drug analysis when directed by a responsible
City representative(s);
e. Notify his/her supervisor, before beginning work, when taking any medications or
drugs, prescription or non-prescription, which may interfere with the safe and
effective performance of duties or operation of.City equipment; and
f. Provide within 24 hours of request a current valid prescription for any drug or
medication identified when a drug screen/analysis is positive. The prescription must
be in the employee's name.
6. Drub and/or Alcohol Analysis Process
The drug and/or alcohol analysis may test for any substance which could impair an
applicant or employee's ability to effectively and safely perform the functions of his/her
job, including, but not limited to prescription medications, heroin, cocaine, morphine
and its derivatives, PCP, methadone, barbiturates, amphetamines, marijuana, and other
cannabinoids.
Generally, a urine sample is obtained in accordance with the third party testing agency's
procedures. Alternatively, a blood sample may be obtained at the request of the
applicant/employee. Typical procedures are outlined below, though actual procedures
may vary based on the testing agency's protocol:
a. At the designated medical facility, the applicant/employee (donor) shall provide
proper photo identification and complete and execute all forms provided by the
facility, including a medical records release form, drug and alcohol consent form,
and an acknowledgement of receipt of notice of privacy practices.
b. The custody and control form is filled out by the testing agency and the donor.
[85]
c. The donor prepares for specimen collection by removing any hat, coat, and/or
contents of pockets and washing his/her hands in full view of the testing agency
representative.
d. The donor proceeds to the restroom where the testing agency representative places
bluing agent into the toilet bowl and secures all water sources to prevent donor
access.
e. The donor is given a bottle to provide a urine sample of at least 30 ml. The donor is
instructed to not flush the toilet or wash his/her hands until after the specimen is
given to testing agency representative.
f. The testing agency representative checks the specimen for color, odor,
contamination, temperature, and quantity, and documents the relevant information
on the custody and control form.
g. In full view of the donor, the specimen is secured in a container and sealed with
tamper-evident tape. The donor certifies the sample on the custody and control
form.
h. The specimen is delivered by courier to the designated laboratory.
i. The sample container will always be refrigerated or frozen, maintained in a secure
location, and the chain of custody will be maintained.
j. Specimens that are screened "none detected", are placed in a tray for disposal after
two (2) weeks.
k. Positive samples are kept refrigerated until confirmatory analysis. If the result of the
conforming test is "none detected", the sample is discarded as specified above.
I. Positively confirmed samples are maintained in a locked freezer for one (1) year.
m. A sample of the positive specimen in a quantity suitable for laboratory testing will be
provided to an employee who has submitted written request to the Human
Resources Department within 90 days of specimen submission.
n. A confirmatory analysis after an initial positive result will be conducted with gas
chromatography/mass spectrometry.
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7. Results of Drub and/or Alcohol Analysis
a. Pre-Employment Physicals
i. A positive result from a drug and/or alcohol analysis may result in denial of
employment of the applicant.
ii. If a drug screen is positive at the pre-employment physical, the applicant must
provide within 24 hours of request, a valid prescription of the drug identified in
the drug screen. If the prescription is not in the applicant's name or the
applicant does not provide a prescription, or if the drug is one that impairs the
applicant's ability to perform the job duties, the applicant may not be hired.
b. Drug and/or Alcohol Testing For Cause During Employment
i. A positive result from a drug and/or alcohol analysis may result in disciplinary
action, including, but not limited to, counseling, referral, diversion, reprimand,
. suspension, and discharge. .
ii. If the drug screen is positive at any testing, the employee must provide within 24
hours of request a valid current prescription for the drug identified in the drug
screen. The prescriptions must be in the employee's name. The employee will
be subject to disciplinary action if 1) the employee does not have a valid
prescription, or 2) the prescription is not in the employee's name, or 3) the
employee has not previously notified his/her supervisor of the need for the
identified drug.
iii. If an alcohol or drug analysis is positive for alcohol or drugs, the City shall
conduct an investigation to gather facts. Should this investigation indicate
disciplinary action is required, it could include but is not limited to, counseling,
referral to qualified health care professionals and or programs, substance abuse
diversion, reprimand, suspension, and dismissal. Depending upon the issues
identified in the investigation any of these actions may be taken; progressive
discipline may not be appropriate. The decision to discipline or discharge will be
carried out in conformance with these Rules.
8. Confidentiality
Laboratory reports or test results shall not appear in an employee's personnel file.
Information of this nature, however, will be included in a separate confidential medical
folder. The employee's reports or test results may be disclosed to City management on
a strictly need-to-know basis and to the tested employee upon request. Disclosures,
without patient consent, may also occur when: (1) the information is compelled by law
or judicial or administrative process; (2) the information has been placed at issue in a
formal dispute between the employer and the employee; (3) the information is to be
[871
used in administering an employee benefit plan; (4) the information is needed by
medical personnel for the diagnosis or treatment of the patient who is unable to
authorize disclosure.
9. Department of Transportation Anti-Drub and Alcohol Misuse Prevention Program
Employees covered by the Department of Transportation (DOT) Anti-Drug and Alcohol
Misuse Prevention Program should review the City's policy available in the Human
Resources Department.
F. Harassment, Discrimination and Retaliation
1. Purpose
It is the policy of the City to provide an environment for all applicants, employees,
officials, and contractors which is free of discriminatory harassment, discrimination and
retaliation whether based on actual or perceived age, ancestry, citizenship status, color,
creed, disability (mental or physical), exercise of rights relating to Family Care and
Medical Leave, gender identity, marital status, medical condition, national origin,
political affiliation (or political beliefs), pregnancy, race, religion, sex, sexual identity,
sexual orientation (heterosexuality, homosexuality, or bisexuality), veteran status, or
any other legally protected status.
All City employees are expected to support and comply with this policy. Any supervisor
or manager observing or knowing of a situation which constitutes discriminatory
harassment, discrimination or retaliation shall take immediate action to stop it.
Supervisory and management personnel who receive reports of harassment are
expected to consider all such complaints seriously and take immediate steps to
implement this policy in accordance with the provisions contained herein. Harassing
behavior, sexual or otherwise, as defined herein, is not within the course and scope of
employment at the City.
2. Policy
The City will not tolerate any form of discriminatory harassment, discrimination or
retaliation. Conduct need not rise to the level of a violation of law to violate this policy.
Instead, a single act can violate this policy and provide grounds for disciplinary action.
The City will take allegations of harassment seriously and will respond promptly to
complaints of harassment. Where it is determined that inappropriate conduct has
occurred, the City will act immediately to eliminate the conduct and impose such
corrective action as is necessary, including disciplinary action where appropriate.
[$$]
3. Policy Coverage
This policy prohibits officials, employees and contractors from harassing or
discriminating against applicants, officials, employees and contractors: (1) because of an
individual's protected status, (2) because of the perception of an individual's protected
status, or (3) because the individual associates with a person who has or is perceived to
have a protected status.
4. Definitions
a. Discrimination -treating individuals differently because of the individual's protected
status as defined by this policy.
b. Harassment -unsolicited words or conduct, based on an individual's protected class,
which subjectively and objectively offend another person. Harassment includes, but
is not limited to, the following examples of behavior undertaken because of an
individual's protected status:
i. Physical harassment, such as assault, touching, impeding or blocking movement,
grabbing, patting, leering, making express or implied job-related threats in return
for submission to physical acts, mimicking, taunting, or any physical interference
with normal work or movement.
ii. Sexual harassment may involve the behavior of a person of either sex against a
person of the opposite or same sex, and occurs when such behavior constitutes
unwelcome sexual advances, unwelcome requests for sexual favors, and other
unwelcome verbal, physical, or visual behavior of a sexual nature where:
a. Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment;
b. Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting the individual's welfare; or
c. Such conduct has the purpose or effect of substantially interfering with
an individual's welfare or work performance, or creates an intimidating,
hostile, offensive, or demeaning work environment.
iii. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or
suggestive comments, propositioning, jokes or slurs, intimidation, threats,
gestures, flirtations, or graphic verbal commentaries about an individual's body
or that identify a person on the basis of his/her protected status. Verbal
harassment includes patronizing or ridiculing statements that tend to disparage
those of a protected status.
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iv. Visual forms of harassment, such as derogatory posters, notices, bulletins,
cartoons, drawings, sexually suggestive objects, or a-mails on the basis of
protected status.
c. Protected Classifications -any classification that is protected by law (whether actual
or perceived) including age, ancestry, citizenship status, color, creed, disability
(mental or physical), exercise of rights relating to Family Care and Medical Leave,
gender identity, marital status, medical condition, national origin, political affiliation
(or political beliefs), pregnancy, race, religion, sex, sexual identity, sexual orientation
(heterosexuality, homosexuality, or bisexuality), and veteran status.
5. Romantic and/or Sexual Relationships between Supervisors and Subordinates
Romantic or sexual relationships between supervisors and subordinate employees are
discouraged. There is an inherent imbalance of power and potential for exploitation in
such relationships. The relationship may create an appearance of impropriety and lead
to charges of favoritism by other employees. A welcome sexual relationship may
change with the result that sexual conduct which was once welcome becomes
unwelcome and harassing.
6. Reporting Procedure
Any applicant, employee, official or contractor who believes that he/she has been the
victim of harassment, discrimination or retaliation prohibited by this policy must
immediately report the matter, verbally or in writing, to his/her supervisor, manager or
department head, or to any other supervisor, manager, or department head including
the City Manager, or to the Human Resources Department.
Any employee who receives information regarding an incident possibly involving
harassment, discrimination or retaliation prohibited by this policy must immediately
report the matter to the Human Resources Department.
Upon receipt of the complaint, the City, through the Human Resources Department, will
promptly investigate the allegation in a fair and expeditious manner. The investigation
will be conducted in such a way as to maintain confidentiality to the extent practicable
under the circumstances and permissible under the law. At the conclusion of the
investigation, the Director of Human Resources will notify the complainant of general
terms of the outcome of the investigation. The complainant will not receive a copy of
the investigation report. If it is determined that harassment, discrimination or
retaliation has occurred, appropriate remedial and/or disciplinary action will betaken.
Under the California Fair Employment and Housing Act (FEHA), employees may be held
personally liable for any acts of unlawful harassment.
7. Exceptions
Igoe
Any employee who knowingly files a false and malicious report of harassment, as
opposed to a complaint which, even if erroneous, is made in good faith; or anyone who
fails to report an actual or perceived form of harassment as outlined in this policy, may
be the subject of appropriate disciplinary action, up to and including termination.
8. Retaliation Prohibited
City employees are specifically prohibited from retaliating against or discouraging
employees from using this complaint procedure. The City will not retaliate against any
person for filing a complaint or for cooperating in an investigation into complaints of
harassment and/or discrimination.
G. Dress Code
Employees of the City are required to dress appropriately for the jobs they are performing.
Therefore, failure to follow the dress regulations contained in this section shall be grounds
.for discipline.
1. General Guidelines
The general dress code guidelines are as follows:
a. All clothing must be neat, clean, and in good repair.
b. Prescribed uniforms and safety equipment must be worn.
c. Footwear must be appropriate for the work environment and functions performed.
d. Hair must be neat, clean and well-groomed.
e. Beards, mustaches, and sideburns must be maintained in neat and well-groomed
fashion.
f. Jewelry is acceptable except where it constitutes a health or safety hazard.
g. Good personal hygiene is required.
h. Dress must be appropriate to the work setting particularly if the employee has
public contact.
i. No visible tattoos are allowed anywhere on the head, face, or neck. Exceptions may
be made if tattoos can be covered while at work or if they are not easily identified as
tattoos.
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j. Any visible tattoos shall not be obscene, sexually explicit, discriminatory to any
legally protected category (including, but not limited to, national origin, race,
religion, sex, and sexual orientation), extremist, and/or gang-related. Any non-
conforming tattoos will be covered with clothing or a bandage while at work or
removed.
k. For employees working with the public, no objects, articles, jewelry or
ornamentation of any kind shall be attached to or through the skin if visible on any
body part including the tongue or any part of the mouth except one set of
reasonably-sized earrings in each lobe. Any non-conforming piercing shall be
removed, covered with a bandage, or replaced with a clear, plastic spacer.
I. Jeans, shorts, sweats, and t-shirts are prohibited, unless part of a required uniform
or specifically authorized by the department head.
If an employee has a question about how any provision of this policy applies to him/her,
the employee should immediately raise the matter with his/her supervisor for
.consideration and determination.
2. Departmental Standards
Each department head has the right to set more detailed and stringent dress code
guidelines for employees in his/her department. The department head may also make
exceptions for individual employees based on a specific job function or special
requirements.
H. Workplace Violence and Weapons
1. Purpose
The purpose of this policy is to (1j promote a safe work environment for all employees;
(2) establish and maintain a workplace that is free from violence, threats of violence,
harassment, intimidation, and other disruptive behavior; and (3) encourage and foster a
workplace that is characterized by respect and the use of acceptable conflict resolution
techniques.
2. Affected Individuals
This policy applies to all City employees whether on City property or off site if engaged
in City business or if there is a nexus to the workplace. Additionally, all persons who
perform any services for the City, regardless of their employment status, are covered by
this policy.
3. Policy
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It is the City's policy to provide a safe work environment for its employees. The City
expects its employees to maintain a workplace free from violence, threats of violence,
harassment, intimidation, and other disruptive behavior. All employees are responsible
for maintaining a safe work environment.
Violence, threats, harassment, intimidation, and other disruptive behavior in the City's
workplace will not be tolerated.
Available conflict resolution techniques, such as problem solving, grievance procedures
and appeals processes, will be used to appropriately resolve conflicts that arise in our
workplace.
The City strictly prohibits persons from possessing weapons including, but not limited
to, firearms, explosives, knives, chemical sprays (e.g. mace, pepper spray), clubs and
incendiary devices on City premises, in City vehicles, in private vehicles parked on City
property (except as otherwise permitted by law), and in the possession of City
employees while on duty performing City related business assignments, unless required
for performance of the job. An employee who wishes to carry a legal chemical spray for
purposes of self defense must gain prior written authorization from the department
head.
4. Prohibited Conduct
Persons who engage in prohibited conduct will be subject to disciplinary action, up to
and including termination, and may also be subject to legal action by law enforcement
authorities. Anon-inclusive list of behaviors that are considered unacceptable is set
forth below:
a. Causing physical injury to another person.
b. Making threatening remarks, whether with intent to harm or in jest.
c. Aggressive, hostile or harassing behavior that creates a reasonable fear of injury to
another person or subjects another individual to emotional distress.
d. Intentionally damaging City property or property of another individual.
e. Possession of a weapon while on City property or while on City business, unless
required by the job. (Knives used as work tools and having a blade length of three
and one-half (3%) inches or less are only considered weapons when used or
displayed in a threatening manner).
f. Committing acts motivated by, or related to, sexual harassment or domestic
violence.
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g. Harassing or threatening phone calls, e-mails, text messages, or notes.
h. Stalking.
5. Reporting Procedures
Any person observing an emergency incident that requires the direct intervention of
public safety personnel (i.e. law enforcement or emergency medical services) should
immediately call 911.
Any situation involving the commission or threat of violence, harassment, intimidation,
other disruptive behavior, possession of a weapon or any other potentially dangerous
situation must be promptly reported to a supervisor and/or the Human Resources
Department. Supervisors are required to report all such incidents to Human Resources.
6. Risk Reduction Measures
a. Employees at Risk
Employees are expected to exercise good judgment and to notify their supervisor
and/or the Human Resources Department if a co-worker, or other person on City
property or business, exhibits behavior that could be a sign of potentially dangerous
situations. Such behavior includes, but is not limited to, the following:
i. Discussing the use of weapons as a means to perpetrate violence against another
person.
ii. Bringing weapons to the workplace.
iii. Displaying overt signs of extreme stress, resentment, hostility, anger, or
depression.
iv. Making threatening statements or remarks.
v. Sudden or significant deterioration in performance.
vi. Displaying irrational or inappropriate behavior.
b. Hiring
The Human Resources Department takes reasonable measures to conduct
background investigations in order to review candidates' backgrounds and to reduce
the risk of hiring individuals with a history of violent behavior.
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c. Enforcement
Reports of threats, threatening conduct, harassment, or any other act of aggression
or violence will be appropriately resolved. In general, this policy will be enforced as
follows:
i. Any employee determined to have committed such acts will be subject to
disciplinary action, up to and including termination, and may also be subject to
legal action bylaw enforcement authorities.
ii. Non-employees engaged in violent acts on City premises will be reported to the
proper authorities and fully prosecuted.
I. Information System
1. Purpose
To ensure. that City departments have ready access to all .relevant data stored in the
City's information system and that the information system is used for authorized City
business.
2. Definition
The "information system" includes all City information systems, standalone or
networked, including, but not limited to, desktop and laptop computers, personal digital
assistants, electronic mail, landline and wireless telephones, smartphones (e.g.
Blackberries, iPhones), voice mail, compact discs, memory cards, computer tapes and
diskettes, audio and video equipment, servers, networks, and any other peripheral
information equipment or medium of information storage. The information system also
includes all data and software applications or programs created or developed by City
employees, which shall be considered City property.
3. Policy
It is the City's policy that the information system shall be used for City business only,
unless otherwise approved by the City Manager, the department head or his/her
designee.
a. No Expectation of Privacy
The information system is City property and employees shall have no privacy rights
related to the system and the information stored therein. The contents of all
communications maybe reviewed in the course of business by the City Manager, the
employee's department head, Human Resources management staff, the Information
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Technology Supervisor, or the employee's supervisor without the consent of the
sender or recipient.
b. Network Passwords
In order to ensure each user's security, the City has established rules for selecting a
network password. Passwords selected by users must meet the following
requirements:
i. The password must be a minimum of eight (8) characters in length.
ii. The password must contain at least three (3) of the following four (4) types
of characters:
a. Uppercase letters.
b. Lowercase letters.
c. Numbers.
d. Special characters (e.g. @, $, !).
iii. The password must be different than the previous two (2) passwords
selected by the user.
iv. The password must be changed every six (6) months.
An employee shall not share his/her network password with anyone, including
management staff. Every effort should be made to keep an employee's network
password secure (e.g. passwords should not be written on a piece of paper, sent in
an a-mail, or saved in anon-encrypted file).
Information system equipment is provided to assist an employee in the performance
of his/her job and is not personal to the employee. Accordingly, management may
be granted access to the equipment being used by the employee or the information
stored therein. Management also has the right to disable an employee's access to
the City's network, or any other component of the City's information system.
c. Duplication
The City's software and software manuals shall not be duplicated or reproduced in
any manner unless authorized in writing by the Director of Finance or Information
Technology Supervisor. Manuals shall remain on-site to prevent unintentional
unauthorized access.
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d. Return of Property
Upon termination of employment, all computer hardware, software, data and
manuals must be immediately returned to the employee's department head or the
Human Resources Department.
e. Personal Equipment and Software
Employees may not bring their own personal information equipment or related
peripheral equipment or any medium of information storage to work for work-
related purposes without permission of the department head. In the event such
personal equipment is at work and is being used for work-related purposes, this
entire policy shall apply to the employee's personal information equipment, as if it
were City property.
Employees are prohibited from downloading and/or installing any software
programs or applications unless authorized in writing by the Director of Finance or
Information Technology Supervisor.
f. Violations of Policy
Disciplinary action, up to and including termination, may be imposed for violation of
any provision of this policy.
J. Internet Use
1. Purpose
The purpose of this policy is to define who is authorized to use City resources for access
to the Internet and to define the acceptable use of the City's network and associated
software and equipment. Any restriction on use contained in this policy is intended to
protect the City and its resources.
2. Scope and Applicability
a. Covered Employees
This policy applies to all employees and all persons retained by the City to provide it
with services (contractors). As required to perform City business, the City Manager
and department heads may authorize employees or contractors to access the
Internet via City systems and/or equipment.
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b. City Property
Associated security, communications, networking, and computer systems and
components used to access the Internet are owned or operated by the City.
c. City Rights
The City, as the provider of access to the Internet and associated resources, reserves
the right to specify how those resources will be used and administered. Specifically,
the City reserves the right to:
i. Remove a user's access to the Internet to prevent further unauthorized activity.
ii. Monitor Internet access for any purpose including, but not limited to, review,
audit, and disclosure of all matters transmitted through the City's network or
placed in its storage.
iii. Access and retrieve deleted electronic mail (e-mail) and any messages and
communications that are stored in the system.
d. No Expectation of Privacy
Internet use should not be considered personal to the employee. No employee
should have the expectation of privacy in any a-mail he/she creates, receives, sends
or deletes, in any website he/she visits, or in any electronic communication sent
through the City's network. Internet use is subject to review by City management
and members of the public upon request.
In response to information requested under the California Public Records Act, it may
be necessary for the City to examine electronic communications records that users
may consider to be personal to determine whether they are public records that are
subject to disclosure. All communications transmitted via the City's information
systems are subject to monitoring, at the City's discretion. The City may be required
to produce information transmitted through or stored on its information systems
pursuant to a court order, subpoena, or statute.
3. Acceptable Use
The City provides designated employees with access to the Internet to share and obtain
information and facilitate the performance of official City business.
City employees must use the official City e-mail system when sending business
communications via a-mail, rather than using a personal a-mail account. Electronic
communications should conform to the same standards of propriety and respect as any
other verbal or written communication at the City. Employees are expected to use
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common sense and judgment to avoid any communication which is disrespectful,
offensive, or illegal.
Authorized reasons for using the Internet include:
a. Communication with professional associations, governments, universities,
businesses and/or individuals associated with the facilitation of City business,
research and education efforts as authorized by the applicable department head.
b. Distribution of information to the general public whereby such information is made
available under any City guidelines and policies for the release of information and
the Public Records Act.
c. Incidental communications among authorized users and professional colleagues
which facilitates work assignments and professional development.
d. Visiting websites to gather information and perform research as required for the
employee's duties.
e. Nominal personal use during authorized breaks and lunch periods, provided that
such use does not interfere with the employee's job duties and does not violate any
provision of this policy. Examples may include checking and sending personal a-mail
and viewing news-related websites.
f. Nominal use for employee association activity during authorized breaks and lunch
periods, provided that such use does not interfere with the employee's job duties
and does not violate any provision of this policy.
4. Unacceptable Use
The information sources accessible via the Internet are worldwide and are constantly
growing in kind and number. It is not possible for any Internet access provider to fully
manage the types of information accessible by its systems and users, especially with
regard to content limitations. Nevertheless, the City, at its sole discretion, reserves the
right to restrict access to any data source. These restrictions do not constitute an
implication of approval of other non-restricted sources.
Without exhausting all possibilities, the prohibited uses of the Internet include, but are
not limited to, the following:
a. Use of the Internet without authorization of the City Manager or applicable
department head.
b. Illegal, fraudulent or malicious activity.
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c. Political activity.
d. Religious promotion.
e. Activity on behalf of or with organizations or individuals who have no business with
the City.
f. Transmission of material in violation of applicable copyright laws or patents.
g. The generation, storage, transmission or other use of data or other matter which is
abusive, profane, or offensive to a reasonable person.
h. Personal social activity or personal business that is likely to significantly impact the
employee's time or the City's resources or reflect poorly on the City. Examples may
include, but are not limited to, visiting social networking websites or blogs;
performing extensive or frequent financial transactions; performing work related to
the employee's outside employment; viewing pornographic material; downloading
or uploading software, games, or shareware; or visiting websites that contain
content that is abusive, profane, or offensive to a reasonable person.
i. Unauthorized employee association activity, including coordinating job actions and
any activity that that is likely to significantly impact the employee's time or the City's
resources.
j. Any intentional actions that could cause interference to the City's electronic network
or otherwise interfere with the work of others, such as:
i. Introduction of, or experimentation with, malicious computer code such as
computer worms or viruses.
ii. The sending of messages that are likely to result in the loss of recipients' work or
system.
iii. Posting items on the Internet that do not reflect the policies of the City.
iv. Operating a business through any City Internet link.
v. Sending communications, files or programs containing abusive, offensive or
harassing statements, including comments based on age, ancestry, citizenship
status, color, creed, disability (mental or physical), exercise of rights relating to
Family Care and Medical Leave, gender identity, marital status, medical
condition, national origin, political affiliation (or political beliefs), pregnancy,
race, religion, sex, sexual identity, sexual orientation (heterosexuality,
homosexuality, or bisexuality), veteran status, or any other classification
protected by law, whether actual or perceived.
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vi. Creating, sending, receiving or retaining lewd, obscene or sexually-oriented
messages or images or defamatory comments.
5. Violations and Enforcement
The use of the Internet is a privilege, not a right, which may be revoked at any time for
any reason. Users maybe subject to random internal audits of Internet use.
Violations of this policy will be evaluated on a case-by-case basis by the applicable
department head, Director of Human Resources, or City Manager. A violation may result
in disciplinary action, up to and including dismissal, and may include referral of a case to
appropriate authorities for civil or criminal prosecution.
K. Communication Equipment
1. Pur ose
The City recognizes the need for telephones, pagers, cellular phones and smartphones
(e.g. Blackberry, iPhone) in the workplace and has established the following policy for
their use. The policy is to be used to establish procedures for their authorization and use
in order to contain costs, ensure departmental and personal
accountability/responsibility, comply with Internal Revenue Service (IRS) regulations and
prevent improper use of these items. IRS tax laws provide that a working condition
benefit may arise in the case of an employer providing cell phones to employees, which
may result in an additional tax burden for employees.
2. General Provisions
Technology can significantly enhance local service delivery. Pagers, cellular telephones
and smartphones are often practical and economical and can enhance productivity. For
those employees who are assigned radios, issuance of cellular telephones can help
reduce radio traffic and ensure that adequate radio capacity is available when needed.
Issuance of City pager, cell phone and/or smartphone is at the sole discretion of
Management. Failure to comply by procedures set forth in this policy may result in the
loss of use of the equipment and/or disciplinary action.
Prohibited uses of telephones, pagers, cellular telephones and smartphones include, but
are not limited to, the following:
a. Any illegal use or activity.
b. Threats.
c. Slander, libel.
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d. Defamation.
e. Obscene, suggestive or offensive messages or communication.
f. Commercial promotional purpose.
g. Personal business related to outside employment.
h. Violating any City policy.
i. Political or religious endorsements or activities.
j. Recording of conversation unless allowed by law.
Telephone, cellular telephone, smartphone, and pager records and logs are a matter of
public record and may be subject to public records requests/review.
3. General Telephone Usage
Landline telephones in City facilities are for City business. Personal telephone calls are to
be kept to an absolute minimum. Occasionally, personal calls may be necessary. Every
effort must be made to limit personal calls to five (S) minutes or less. Frequent and/or
repeated personal calls may result in disciplinary action. Long distance charges for
personal use of office phones must be reimbursed to the City. Department heads may
institute a more stringent policy if appropriate.
4. Cellular Telephones, Smartphones, and Payers
a. Authorization for City-Issued Equipment
Employees are eligible for aCity-issued cellular telephone/smartphone or pager if a
valid business need exists. Each department head shall authorize/designate the
employee(s). in his/her department who should be issued city-owned pagers, cell
phones or smartphones due to business need in the course of their regular job
duties. Issuance of equipment is at the sole discretion of the City and may be
revoked at any time. A Cell Phone/smartphone Authorization form must be
completed, submitted and approved by the employee's department head and sent
to Human Resources prior to issuance of equipment.
The following criteria are among those that may be considered before authorization
for City equipment is granted:
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i. Management -the employee is in a managerial role and a critical component of
his/her job responsibilities, regardless of location and work schedule, is contact
with staff, citizens and other agencies.
ii. Work Location -the requirements of the job regularly take the employee away
from his/her primary work location, either to serve the public or to complete
work assignments, and the department head believes a pager, cellular
telephone, or smartphone is a critical tool for performing the job. Employees
who are regularly assigned to a desk with a landline phone and who do not meet
the other criteria will ordinarily not be assigned a pager, cellular phone or
smartphone.
iii. On Call or Standby -the employee is either regularly or occasionally scheduled
to be on call or on standby, or is frequently expected to respond to City matters
during non-business hours.
b. Cell Phone /smartphone Programs
i. City-Issued smartphone
a. Eligibility
1. Executive Management and Management employees are eligible to
participate in one of the smartphone programs.
2. Employees must submit a Cell Phone/smartphone Authorization form
to their supervisor and department head for approval.
b. Program Options for Compliance with IRS Regulations
1. Taxable Benefit
A. The City will provide a smartphone for Executive Management
employees and Management employees upon
recommendation and approval of the employee's department
head.
B. The value of the smartphone and the monthly service charge
for the smartphone will be added to the employee's wages as
taxable income at the end of each calendar year.
C. A nominal amount of personal use will be permitted.
D. An employee may substantiate the business use value of
his/her smartphone on his/her personal income taxes.
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E. Additional charges incurred (e.g. roaming costs, text
messaging, 411 calls) will require reimbursement by the
employee unless business need is substantiated.
2. Non -Taxable Benefit with Substantiation
A. The City will provide a smartphone for Executive Management
employees and Management employees upon
recommendation and approval of the employee's department
head.
B. Employees issued a City smartphone are to use the
smartphone for business purposes only.
C. Every other month, employees will be sent copies of their
smartphone bills and will be required to substantiate that calls
made, and/or received. on ,the phone were work-related.
Completion of the Cell Phone/smartphone Substantiation
form will be required within fifteen (15) days after the phone
bills are sent to the employee.
D. Calls made and/or received that were personal will require
that the employee identify the calls and reimburse the City at
the rate of $0.06 per minute.
E. Additional charges incurred (e.g. roaming costs, text
messaging, 411 calls) will require reimbursement by the
employee unless business need is substantiated.
ii. Cell Phone Issued to Individual Employee
a. Eligibility
1. A department head may request that a City cell phone be issued to an
individual employee for use during the course of his/her workday.
2. The department must submit a Cell Phone/smartphone Authorization
form.
3. An employee in anon-exempt classification may only take the City-
issued cell phone home during non-work hours if he/she is on official
Stand-by Duty or has received permission from his/her supervisor in
response to a specific need.
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b. Program Options for Compliance with IRS Regulations
1. Taxable Benefit
A. The value of the cell phone and the monthly service charge for
the cell phone will be added to the employee's wages as
taxable income.
B. A nominal amount of personal use will be permitted.
C. An employee may substantiate the business use value of the
cell phone on his/her personal income taxes.
D. Reimbursement to the City for additional charges incurred
(e.g. roaming costs, text messaging, 411 calls) will be the
employee's responsibility.
2. .Non -Taxable Benefit with Substantiation
A. Employees issued a City cell phone are to use the cell phone
for business use only.
B. Every other month, employees will be sent copies of their cell
phone bills and will be required to substantiate that calls
made and/or received on the cell phone were work-related.
Completion of the Cell Phone/Smartphone Substantiation
form will be required within fifteen (15) days after the cell
phone bills are sent to the employee.
C. Calls made and/or received that were personal will require
that the employee identify the calls and reimburse the City at
the rate of $0.06 per minute.
D. Additional charges incurred (e.g. roaming costs, text
messaging, 411 calls) will require reimbursement by the
employee unless business need is substantiated.
iii. City Cell Phone Used in a "Pool"
a. Eligibility
1. Department heads may request City-issued cell phones to be used as
a "pool" phone. A pool phone is one that is used by multiple
employees to serve a business need. Examples of a pool phone
include a cell phone used for Stand-by purposes, during the course of
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intermittent or infrequent work assignments, or on an emergency
basis.
2. Pool phones must have a designated supervisor identified on the Cell
Phone/Smartphone Authorization form.
b. Compliance with IRS Regulations
1. Non-Taxable with User/Call Log
A. Department pool cell phones will be the responsibility of a
designated supervisor.
B. A User/Call Log will be maintained to identify who has been
issued the pool phone and to log the check-out/check-in days
and times for the phone.
C. All calls on a pool phone must be work-related.. Every other
month the designated supervisor will receive copies of the cell
phone bills for the pool phone. The supervisor must review
the cell phone bill and substantiate that the calls made are
work-related. Completion of the Cell Phone/Smartphone
Substantiation form will be required within fifteen (15) days
after the cell phone bills are sent to the designated supervisor.
iv. Personal Cell Phone /Smartphone Used to Conduct City Business
a. Eligibility
1. An employee who receives permission from his/her supervisor to use
his/her personal cell phone or Smartphone to conduct City business
may request reimbursement for charges incurred due to the business
use of the cell phone.
2. An employee is eligible for reimbursement for work-related calls
made on his/her personal cell phone /Smartphone provided other
options (e.g. home phone, landline phone) are not readily available.
3. An employee requesting reimbursement must complete a Cell Phone
/ Smartphone Reimbursement Request form and attach a copy of the
personal cell phone /Smartphone bill that highlights work-related
calls and the charges that the employee incurred.
4. Reimbursement will be issued when actual charges are incurred due
to a phone call. The City will not reimburse portions of the monthly
1so61
charge that the employee would pay for their personal phone
regardless of any business call.
b. Stipend
1. Smartphone Stipend Eligibility
A. Available to Executive Management employees, Management
employees, and Police Lieutenants only.
B. The stipend is designed to contribute to an employee's own
data and voice plan. It is not designed to fully pay for the plan.
Any additional charges an employee incurs is his/her own
responsibility and those additional charges are not eligible for
reimbursement. With the stipend, it is expected that in some
months the employee will get a greater benefit and in other
months the stipend will not cover the full cost of the business
use of. the Smartphone.
C. The stipend is $21 per pay period ($45.50 per month), which is
taxable income.
D. Only employees with a Blackberry or other City-approved
Smartphone with the corporate data plan are eligible for the
stipend.
2. Cell Phone Stipend Eligibility
A. Available to an employee with a clearly identified business
need.
B. The stipend is designed to contribute to an employee's cell
phone plan. It is not designed to fully pay for the plan. Any
additional charges an employee incurs is his/her own
responsibility and those additional charges are not eligible for
reimbursement. With the stipend, it is expected that in some
months the employee will get a greater benefit and in other
months the stipend will not cover the full cost of the business
use of the cell phone.
C. The stipend is $12 per pay period ($26 per month), which is
taxable income.
D. Eligible groups/classifications of employees (with department
head approval) are:
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i. Community Development -Management employees,
Senior Building Inspector, Building Inspectors, and
Code Enforcement Officers
ii. City Clerk's Office, City Manager's Office, Finance,
Human Resources, Information Technology, and
Redevelopment -Management employees
iii. Parks and Recreation -Management and Supervisory
employees
iv. Police -Management employees, Police Lieutenants,
and employees in special assignments as defined by
the Tustin Police Officers Association -Police Officer
Unit (TPOA) MOU
v. Public Works -Management employees .and Public
Works Inspectors
5. City-Issued Cell Phone /Smartphone Features
a. Text Messaging
Unless requested in the Cell Phone/Smartphone Authorization form approved by a
department head, text messaging capabilities may be blocked on City-issued cell
phones and smartphones.
b. Picture/Video ("PixFlix") messaging
Unless requested in the Cell Phone/Smartphone Authorization form approved by a
department head, PixFlix messaging capabilities may be blocked on City issued cell
phones and smartphones.
c. Information (411)
When calling for information, employees shall use 1-800-FREE411 in lieu of 411 to
avoid service charges.
d. Long Distance Calls
Long distance calls should be work related. City issued cell phones /smartphones
include free long distance calls when they originate from the City's local calling area.
If employees are out of the local area, traveling out of town to awork-related
meeting/conference, calls made from outside the local area will result in roaming
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charges which can be substantial. Employees should make a conscientious effort to
minimize roaming charges.
6. Damage, Theft, or Loss of City-Issued Equipment
Employees are responsible for maintaining adequate physical protection of both the
equipment issued to them by the City and access to the telephone and pager service
associated with the equipment. Employees shall immediately notify their department
head and Human Resources if any City owned cellular telephone, pager or smartphone
is damaged, lost or stolen.
Human Resources will review the circumstances surrounding the damage or loss of City
equipment and determine if any repair/replacement cost will be charged to the
employee. Employee negligence, carelessness or recklessness will result in the
employee being held responsible for repair/replacement of damaged, lost or stolen
equipment.
7. No.Expectation of Privacy
Employees are reminded that they should have no expectation of privacy in any
message or communication they create, receive, send or delete when communication
occurs during the course of their job or through City-owned equipment. This includes
voicemail, a-mail, calendars, and documents.
8. Personal Phones in the Workplace
During work hours, employees are required to turn off their personal cell phones /
smartphones or switch them to silent/vibrate mode. Employees who need to use their
personal phone to attend to personal matters should do so during designated breaks or
while at lunch. Use of a personal phone for personal business must not interfere with
work performance.
9. Hands-Free Phone Use While Driving
All employees who drive either a City vehicle or personal vehicle during work hours
must comply with the State of California's hands-free driving law. The City expects
employees to use their cell phones /smartphones hands-free while driving or after they
have pulled off the road and parked their vehicle. Failure to comply with this law will
result in disciplinary action.
Employees with City-issued cellular phones /smartphones are issued an ear bud device
along with the phone. Requests for alternative hands-free devices must be approved for
purchase by Human Resources.
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10. Return of City-Issued Equipment
Employees who leave City service are required to return all City-issued equipment.
Employees who have authorization for City-issued equipment rescinded are required to
return all City-issued equipment.
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SECTION 17. EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS
A. Purpose
The purpose of this section is to implement Government Code Sections 3500 at seq.,
captioned "Public Employee Organizations," by providing orderly procedures for the
administration of employer-employee relations between the City and its employee
organizations and for resolving disputes regarding wages, hours, and other terms and
conditions of employment.
B. Employee Rights
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation of all
matters of employer-employee relations, including but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall have the right
to refuse to join or participate.in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced or discriminated against
because of exercise of these rights.
C. Management Rights
The City has the exclusive right to determine the mission of its constituent departments,
commissions, and boards; set standards of service; determine the procedures and standards
of selection for employment; hire; direct its employees; take disciplinary action for cause;
transfer; promote; lay off its employees from duty; determine the content of job
classifications; contract and subcontract work; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government operations
are to be conducted; take all necessary actions to carry out its mission in emergencies,
including suspension of any existing memorandum of understanding in effect; and exercise
complete control and discretion over its organization and the technology of performing its
work.
D. Meet and Confer in Good Faith
The City, through its representatives, shall meet and confer in good faith with
representatives of employee organizations having recognized majority representation rights
regarding matters within the scope of representation including wages, hours and other
terms and conditions of employment within the appropriate unit. The City shall not be
required to meet and confer in good faith on employee or City rights as defined in Sections
17.B (Employee Rights) and 17.C (Management Rights) above. Proposed amendments to
this Section are excluded from the scope of meeting and conferring.
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E. Consult or Consultation in Good Faith
The City, through its representatives, shall consult in good faith with representatives of all
recognized employee organizations on employer-employee relations matters which affect
them. "Consult" means to communicate verbally or in writing with recognized employee
organizations for the purpose of presenting and obtaining views or advising of proposed
actions, in a good faith effort to reach a consensus. Unlike meeting and conferring,
consulting does not involve an exchange of proposals nor is it subject to the impasse
procedure.
F. Advance Notice
Reasonable advance written notice shall be given to each recognized employee organization
affected by any ordinance, rule, resolution or regulation directly relating to matters within
the scope of representation proposed to be adopted by the City Council.
G. Filing of Recoenition Petition
An employee organization that seeks to register for purposes of being formally
acknowledged as the exclusively recognized employee organization representing employees
in an appropriate bargaining unit, shall file a petition with the City Manager containing the
following information and documentation:
1. Name and address of the employee organization.
2. Names and titles of its officers.
3. The job classifications of employees in the unit claimed to be appropriate and the
approximate number of employees therein.
4. Names of employee organization representatives who are authorized to speak on behalf
of its members.
5. A statement that the employee organization has, as one of its primary purposes, the
representation of employees in their employment relations with the City.
6. A statement whether the employee organization is a charter or local of, or affiliated
directly or indirectly in any manner with, a regional or state or national or international
organization, and, if so, the name and address of each such regional, state, national, or
international organization.
7. The employee organization's constitution and by-laws.
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8. A designation of those persons, not exceeding two (2) in number, and their addresses,
to whom notice sent by regular United States mail will be deemed sufficient notice on
the employee organization for any purpose.
9. A statement that the employee organization recognizes that the provisions of Section
923 of the Labor Code are not applicable to City employees.
10. A statement that the employee organization has no restriction on membership based on
age, ancestry, citizenship status, color, creed, disability (mental or physical), exercise of
rights relating to Family Care and Medical Leave, gender identity, marital status, medical
condition, national origin, political affiliation (or political beliefs), pregnancy, race, religion,
sex, sexual identity, sexual orientation (heterosexuality, homosexuality, or bisexuality),
veteran status, or any other category protected bylaw.
11. A statement that the employee organization has in its possession written proof, dated
within sixty (60) days of the date upon which the petition is filed, to establish that
employees have designated the employee organization to represent them in their
employment relations with the City. ,Such written proof shall be submitted for
confirmation to the City Manager or to a mutually agreed upon disinterested third
party.
12. A request that the City Manager acknowledge the employee organization for the
purpose of meeting and conferring in good faith as the exclusively recognized employee
organization appropriate for meeting and conferring in good faith.
The petition, including all accompanying documents, shall be verified under oath by the
Executive Officer and Secretary of the organization that the statements are true. All
changes in such information shall be filed forthwith in like manner. No employee may be
represented by more than one exclusively recognized employee organization for the
purposes of this section.
H. City Response to Recognition Petition
Upon receipt of the Petition, the City Manager shall determine whether:
1. There has been compliance with the requirements for the Petition; and
2. The proposed representation unit is an appropriate unit in accordance with Section 17.L
(Appropriate Unit).
If an affirmative determination is made by the City Manager on the foregoing two matters,
he/she shall so inform the petitioning employee organization, shall give written notice of
such request for recognition to the employees in the unit and shall take no action on said
request for thirty (30) days thereafter. If either of the foregoing matters are not
affirmatively determined, the City Manager shall offer to consult thereon with such
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petitioning employee organization and, if such determination thereafter remains
unchanged, shall inform that organization of the reasons therefore in writing.
I. Open Period for Filing Challenging Petition
Within thirty (30) days of the date written notice was given to affected employees that a
valid recognition petition for an appropriate unit has been filed, any other employee
organization may file a competing request to be formally acknowledged as the exclusively
recognized employee organization of the employees in the same or in an overlapping unit
(one which corresponds with respect to some, but not all the classifications or positions set
forth in the recognition petition being challenged), by filing a petition evidencing proof of
employee support in the unit claimed to be appropriate of at least thirty (30) percent and
otherwise in the same form and manner as set forth herein. If such challenging petition
seeks establishment of an overlapping unit, the City Manager shall call for a hearing on such
overlapping petitions for the purpose of ascertaining the more appropriate unit, at which
time the petitioning employee organizations shall be heard. Thereafter, the City Manager
shall determine the appropriate unit or units in accordance with the standards in Section
17.L (Appropriate Unit). The petitioning employee organizations shall have fifteen (15) days
from the date notice of such unit determination is communicated to them by the City
Manager to amend their petitions to conform to such determination or to appeal such
determination to the City Council.
J. Recognition of Organizations
The City Manager shall recognize the organization as the exclusive employee organization if
the proof of support shows that a majority of the employees have designated the
petitioning employee organization to represent them, and if no other employee
organization filed a challenging petition, and if a neutral third party has verified the count,
form, accuracy and propriety of the proof of support.
1. The employee organization found to represent a majority of all eligible employees in an
appropriate unit shall be granted exclusive recognition in writing designating them as
the only employee organization entitled to meet and confer in good faith on matters
within the scope of representation for employees in such unit. This shall not preclude
other registered employee organizations, or individual employees, from consulting with
management representatives on employer-employee relations matters of concern to
them.
2. The recognition rights of the exclusively recognized representative designated in
accordance with this subsection shall not be subject to challenge for a period of one
calendar year following the date of such recognition.
3. After one calendar year, if an exclusively recognized representative is found to no longer
represent the required majority of eligible employees in an appropriate unit, the City
Manager may revoke recognition of the organization as a majority representative.
[114]
K. Election Procedure
If the conditions set forth in Section 17.1 (Recognition of Organizations) above do not occur,
the City Manager shall arrange for a secret ballot election to be conducted by a party
agreed to by the City Manager and the concerned employee organization(s), in accordance
with such party's rules and procedures subject to the provisions of this section. All
employee organizations who have duly submitted petitions which have been determined to
be in conformance with this section shall be included on the ballot. The ballot shall also
reserve to employees the choice of representing themselves individually in their
employment relations with the City. Employees entitled to vote in such election shall be
those persons employed in the designated appropriate unit who were employed during the
pay period immediately prior to that date which ended at least fifteen (15) days before the
date the election commences, including those who did not work during such period because
of illness, vacation or other authorized leaves of absence, and who are employed by the City
in the same unit on the date of the election. An employee organization shall be formally
acknowledged as the Exclusively Recognized Employee Organization for the designated
.appropriate unit following.an election or run-off election if it received a numerical majority.
of valid votes cast in the election. In an election involving three or more choices, where
none of the choices receives a majority of the valid votes cast, arun-off election shall be
conducted between the two choices receiving the largest number of valid votes cast; the
rules governing an initial election being applicable to arun-off election.
There shall be no more than one valid election under this section pursuant to any petition in
a 12-month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election, the
election shall be conducted by the California State Mediation and Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by each
employee organization appearing on the ballot.
L. Appropriate Unit
The City Manager shall have the right to designate appropriate units.
The policy objectives in determining the appropriateness of units shall be the effect of a
proposed unit on (1) the efficient operations of the City and its compatibility with the
primary responsibility of the City and its employees to effectively and economically serve
the public, and (2) providing employees with effective representation based on recognized
community of interest considerations. These policy objectives require that the appropriate
unit shall be the broadest feasible grouping of positions that share an identifiable
community of interest. Factors to be considered shall be:
[115]
1. Similarity of the general kinds of work performed, types of qualifications required, and
the general working conditions.
2. History of representation in the City and similar employment; except however, that no
unit shall be deemed to be an appropriate unit solely on the basis of the extent to which
employees in the proposed unit have organized.
3. Consistency with the organizational patterns of the City.
4. Effect of differing legally mandated impasse resolution procedures.
5. Number of employees and classifications and the effect on the administration of
employer-employee relations created by the fragmentation of classifications and
proliferation of units.
6. Effect on the classification structure and impact on the stability of the employer-
employee relationship of dividing a single or related classification among two or more
units.
Notwithstanding the foregoing provisions of this section, managerial, supervisory and
confidential responsibilities, as defined herein, are determining factors in establishing
appropriate units hereunder, and therefore managerial, supervisory and confidential
employees may only be included in a unit consisting solely of managerial, supervisory or
confidential employees respectively. Managerial, supervisory and confidential employees
may not represent any employee organization which represents other employees.
M. Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established appropriate units may
be considered by the City Manager only during a thirty (30) day period commencing one
hundred twenty (120) days before the expiration of the MOU. Such requests shall be
submitted in the form of a Recognition Petition and, in addition to the requirements set
forth in Section 17.G (Filing of Recognition Petition), shall contain a complete statement of
all relevant facts and citations in support of the proposed modified unit in terms of the
policies and standards set forth in Section 17.L (Appropriate Unit). The City Manager shall
process such petitions as other Recognition Petitions under this section.
The City Manager may by his/her own motion propose that an established unit be modified.
The City Manager shall give written notice of the proposed modification(s) to any affected
employee organization and shall hold a meeting concerning the proposed modification(s),
at which time all affected employee organizations shall be heard. Thereafter the City
Manager shall determine the composition of the appropriate unit or units in accordance
with Section 17.L (Appropriate Unit), and shall give written notice of such determination to
the affected employee organizations. The City Manager's determination may be appealed
to the City Council.
[1161
N. Procedure for Processing Severance Requests
An employee organization may file a request to become the recognized employee
organization of a unit alleged to be appropriate that consists of a group of employees who
are already a part of a larger established unit represented by another recognized employee
organization. The timing, form and processing of such request shall be as specified in
Section 17.M (Procedure for Modification of Established Appropriate Units) for modification
requests.
O. Appeals
An employee organization aggrieved by an appropriate unit determination of the City
Manager; or an employee organization aggrieved by a determination that a Recognition
Petition, Challenging Petition, Decertification Petition, or Unit Modification Petition is not
proper, may, within ten (10) days of notice of the City Manager's final decision, request to
submit the matter to the City Council for final decision within fifteen (15) days of notice of
.the City's Manager's determination.
Appeals to the City Council shall be filed in writing with the Director of Human Resources,
and a copy thereof served on the City Manager. The City Council shall commence to
consider the matter within thirty (30) days of the filing of the appeal. The City Council may,
in its discretion, refer the dispute to a third party hearing process. Any decision of the City
Council on the use of such procedure, and/or any decision of the City Council determining
the substance of the dispute shall be final and binding.
P. Designation of City's Principal Representative
The City Manager shall be the City's principal representative in all matters of employer-
employee relations, with authority to meet and confer in good faith on matters within the
scope of representation, including wages, hours and other terms and conditions of
employment. The City Manager may delegate these duties and responsibilities.
Q. Resolution of Impasse
1. Definition
"Impasse" means that the representatives of the City and a recognized employee
organization have reached a point in their meeting and conferring in good faith where
their differences on matters to be included in a memorandum of understanding, and
concerning matters on which they are required to meet and confer, remain so
substantial and prolonged that further meeting and conferring would be futile.
[117]
2. Procedure
Impasse procedures may be invoked only after impasse has been reached. Subject to
the conditions described below in Section 17.Q.3 (Initiation of Impasse Procedure), the
impasse procedure(s) may consist of the following:
a. Mediation or Conciliation
An impartial third party functions as an intermediary to assist the parties in reaching
a voluntary resolution to an impasse through interpretation, suggestion and advice.
All mediation proceedings shall be private. The mediator shall make no public
recommendations nor take any public position concerning the issue.
b. City Council Hearin.
The City Council conducts a hearing to examine the merits of the dispute and shall
make a determination after the hearing.
c. Other Dispute Resolution Procedures
Any other dispute resolution procedure(s) to which the parties mutually agree or
which the City Council may order.
3. Initiation of Impasse Procedure
Any party may initiate the impasse procedure by filing with the other party affected a
written request for an impasse meeting together with a statement of its position on all
disputed issues. An impasse meeting shall then be scheduled by the City Manager
forthwith after the filing of the written request for such meeting with written notice to
all parties affected. The purpose of such impasse meeting is twofold: (1) to permit a
review of the positions of all parties in a final effort to reach agreement on the disputed
issues, and (2) if agreement is not concluded, to mutually select the specific impasse
procedure to which the dispute shall be submitted. In the absence of agreement
between the parties on the specific impasse procedure to be used, the procedure shall
be determined by the City Council.
4. Fees and Expenses
The fees and expenses, if any, of mediators or of any other impasse procedure, shall be
payable one-half (1/2) by the City and one-half (1/2) by the employee organization(s)
involved.
[118]
5. Citv Council Action
The City Council may take such action regarding the impasse as it, in its discretion,
deems appropriate and in the public interest. Any action taken by the City Council is
final and binding.
R. Memorandum of Understandi
When the meeting and conferring process is concluded between the City and a recognized
employee organization, all agreed upon matters shall be incorporated in a written
memorandum of understanding signed by the duly authorized City and employee
organization representatives. After ratification by the employee organization, the
memorandum of understanding shall be submitted to the City Council for determination.
S. Rules and Regulations
The City Council may adopt such rules and regulations necessary or convenient to
implement the provisions of this Section 17 (Employer-Employee Organization Relations).
[119]
INDEX
appointing authority • 6
Classification Plan, amendment
,Q of•12
Compensation Plan, amendment
absences • See attendance of • 15
acting appointment • See impasse resolution • 118-19
appointment, acting industrial disability retirement,
acting pay • 6, 13 determination of • 60
Administrative Leave • 6 memorandum of understanding,
Disciplinary • 6, 66 adoption of • 119
exempt • 6 Personnel Rules, application of
admonishment • See reprimand 3
advancement • 6, See also salary, Personnel Rules, revision of • 3
merit increases relatives, employment of • 4
age • See protected status rules and regulations, adoption
alcohol and drug abuse • 81-88 of • 119
DOT Program • 88 special leaves of absence,
employee responsibilities • 84 authorization of • 52
management responsibilities unit determination appeals
and guidelines • 83-84 114, 116, 117
pre-employment physicals • 87 City Manager
testing for cause during appointing authority • 6
employment • 87 appointment to vacancies • 24
Americans with Disabilities Act appropriate unit designation
(ADA) • 59 115
applicants • 6, 22-24 disciplinary appeals • 69-73
application of Personnel Rules • See emergency cash-out of accrued
Personnel Rules, application of leave, authorization of • 20
appointing authority • 6 employee organization
appointment • 7 recognition • 112
acting • 6, 13 grievances • 63
contract • 25 involuntary transfers • 53
emergency • 8, 24 layoffs • 55-57
full-time (permanent) • 24 leaves of absence, approval of
original • 8 29
part-time (permanent) • 24 Personnel Officer • 2
project • 24 Personnel Rules, application of
provisional • 10, 24 3
temporary • 25 principal representative • 117
types • 24-25 probationary period,
attendance • 28 establishment of longer • 26
at-will status • 7 reclassification, approval of • 12
categories • 64 reinstatement, approval of • 54
separation from service • 55 relatives, employment of • 4
salary rates, approval of • 16
salary step advancements,
8 approval of • 17
special leaves of absence,
authorization of • 52
background checks • See pre- special salary adjustments,
employment review approval of • 17
bereavement leave • 45 unit determination appeals • 117
unit modification • 116
C use of General Leave at
separation, approval of • 30
class authorization and
cell phone policy • See reimbursement • See textbook
communication equipment and tuition reimbursement
policy class specifications • 7, 12
City Council changes • 14
[120]
use of • 13
Classification Plan • 12-14
classification titles • 13
Code of Ethics • 79-80
communication equipment policy
101-10
compensation
additional • 19
types • See specific types
Compensation Plan • 7, 15, 16
Compensatory Time Off • 7, 19
conflict of interest code • 80
conflicting rules • 4-5
consultants • See contractors
continuous recruitment • See
recruitment, continuous
continuous service • 7
continuous service requirements
29
contract appointment • See
appointment, contract
contract employees • See
employees, contract
contractors • 3, 79
counseling • 66
D
definitions • 6
Family Care and Medical Leave
(FMLA/CFRA Leave) • 35
harassment, discrimination and
retaliation • 89
layoffs•55
Medical Emergency/
Catastrophic Leave • 46
demotion • 7, 53, 67
involuntary • 53
salary • 18
voluntary • 53
disability
employee status changes • 59
fitness for duty examination • 59
interactive process • 60
leaves • 31-35
reasonable accommodations
59-60
discharge • 7, 55, 68
Disciplinary Administrative Leave
See Administrative Leave,
Disciplinary
discipline • 64-73
appeals • 69
causes•64-65
policy coverage • 64
Skelly process • 68-69
types•66-68
discrimination • See harassment,
discrimination and retaliation
dismissal • See discharge
dress code • 91-92
drug abuse • See alcohol and drug
abuse
E
elected officials • See officials, See
also City Council
eligible lists • 8
abolishment • 23
open employment list • 8, 23
promotional employment list • 8
re-employment list • 8, 23, 57
removal of names • 23
eligibles • 8, 24
emergency appointment • See
appointment, emergency
emergency cash-out of accrued
leave • See leave, emergency
cash-out
emergency employees • See
employees, emergency, See
employees, emergency
employee
part-time benefitted • 29, 30
employees
contract • 7, 64
emergency • 3, 24, 30, 64
exempt • 8, 19, 67
merit system • 1, 3
non-exempt • 8, 19
part-time benefitted • 17, 31, 74
part-time non-benefitted • 3, 64
probationary • 26-27, 26, 64
project • 4, 7, 9, 24, 29, 30
temporary • 3, 25, 64, 79
employer-employee organization
relations • 110-19
appropriate unit • 115
City's principal representative
117
employee rights • 111
filing of recognition petition
112
impasse • 117-19
management rights • 111
meet and confer process • 111
memorandum of understanding
• 119
recognition of organizations
114
unit modification • 116
employment lists • See eligible lists
employment of relatives • See
relatives, employment of
employment opportunities • 22
equal employment opportunity • 2
ethics • See Code of Ethics
examinations • 8, 22
open competitive • 8, 22
promotional • 8, 22
scores • 23
exceptions to Personnel Rules • See
Personnel Rules, application of
exempt employees • See
employees, exempt
F
Fair Employment and Housing Act
(FEHA) • 59
Family Care and Medical Leave
(FMLA/CFRA Leave) • 35-45
amount • 40
certification • 42-43
concurrent use of leave • 41-42
definitions • 35
eligibility • 39
Flexible Benefits during leave
40
reasons for leave • 39
reinstatement • 45
serious health condition • 37
Family Sick Leave (KinCare leave)
51
fitness for duty examination • See
disability, fitness for duty
examination
Flexible Benefits Plan • 78
G
gender • See protected status
General Leave • 29-30
accrual•30
accrual rates • 29
approval • 29
at time of separation • 30
cash-out • 20, 30
maximum accumulation • 29
gifts and gratuities • 80
grievances • 61-63
definition • 61
eligibility • 61
exclusions • 61
procedure • 62
H
harassment, discrimination and
retaliation • 88-91
definitions • 89
protected classifications • 90
reporting procedure • 90
retaliation • 91
romantic and/or sexual
relationships between
supervisors and subordinates
•90
holidays • 30
within a General Leave period
30
impasse • 117-19
industrial disability leave • See
workers' compensation leave
information system • 95-97
personal equipment and
software • 97
privacy • 95
interactive process • See disability,
interactive process
Internet use • 97-101
acceptable use • 98-99
City rights • 98
privacy • 98
unacceptable use • 99-101
J
job abandonment • 28
job announcements • See
employment opportunities
job applicants • See applicants
job applications • 22
job descriptions • See class
specifications
job offers • 25
job sharing • 8
job titles • See classification titles
jury duty leave • 50
K
KinCare Leave • See Family Sick
Leave (KinCare Leave)
L
layoffs•55-58
leave
approval • 29
bereavement • See bereavement
leave
child's school or child care
activities • 51
[121]
continuous service
requirements • 29
emergency cash-out • 20
Family Sick Leave (KinCare
Leave) • See Family Sick
Leave (KinCare Leave)
General Leave • See General
Leave
holidays • See holidays
jury duty • See jury duty leave
Medical Emergency/
Catastrophic Leave • See
Medical Emergency /
Catastrophic Leave
military • See Military Leave
payoff at separation • 30
Pregnancy Disability Leave • See
Pregnancy Disability Leave
Short-Term /Long-Term
Disability leave • See Short-
Term /Long-Term Disability
Leave
special leaves with and without
pay•52
time off to vote • 52
victims of domestic violence and
sexual assault • 51
workers' compensation leave
See workers' compensation
leave
life Insurance • 78
Long-Term Disability Leave • See
Short-Term /long-Term
Disability Leave
M
Medical Emergency /Catastrophic
Leave • 46-49
meet and confer process • 111
City's principal representative
117
class specifications • 14
Compensation Plan • 15
exclusions from the grievance
procedure • 61
impasse • 117
special salary adjustments • 18
memorandum of understanding
See employer-employee
organization relations,
memorandum of understanding
merit increases • See salary, merit
increases
merit system employees • See
employees, merit system
merit system principles • 1
Military leave • 49-50
modified duty • See workers'
compensation leave, Early
Return to Work /Modified Duty
Program
N
nepotism • See relatives,
employment of
non-exempt employees • See
employees, non-exempt
officials • 3, 79
open competitive examination • See
examinations, open competitive
open competitive recruitment • See
recruitment, open competitive
original appointment • See
appointment, original
out-ot-class • 13
outside employment • 81
overtime • 8, 19
P
part-time
non-benefitted employees • See
employees, part-time non-
benefitted
position • 9
status • 9
part-time benefitted employees
See employees, part-time
benefitted
password policy • 96
permanent positions • 9, 13
personnel files • See personnel
records, personnel tiles
Personnel Officer • 2
personnel records • 76-77
personnel files • 76
release of information • 77
Personnel Rules
application of • 3
purpose • 1
revision of • 3
supplemental • 3
violations • 2
physical examinations
physical agility tests • 22
pre-employment • 25
political activity • 80
pre-employment review • 25
Pregnancy Disability Leave • 33-35
probation • See probationary period
probationary employees • See
employees, probationary
probationary period • 9, 26-27
Communications Officer I • 26
demotion • 18
extension • 26, 27
objective • 26
original • 9
Police Officer • 26
promotional • 9, 26, 27
reinstatement • 54
rejection of employees • 10, 26-
27
probationary status • 9
project appointment • See
appointment, project
project employees • See employees,
project
promotion • 2, 9, 53, See also
probationary period,
promotional
salary • 18
promotional examination • See
examinations, promotional
promotional probationary period
See probationary period,
promotional
protected categories • See
protected status
protected classifications • See
protected status
protected status • 2, 88, 89, 92, 100,
113
provisional appointment • See
appointment, provisional
R
race • See protected status
reasonable accommodations • See
disability, reasonable
accommodations
reclassification • 12, 13, 18
recruitment • 22, 23
continuous • 23
open competitive • 22
reduction in salary • See salary,
reduction
re-employment list • See eligible
lists, re-employment list
regular status • 10
reinstatement • 10
Family Care and Medical Leave
(FMLA/CFRA Leave) • 44
Military Leave • 50
Pregnancy Disability Leave • 34
resignation • 54
[122]
rejection of probationary
employees • See probationary
period, rejection of employees
relatives
employment of • 4, 10
religion • See protected status
reprimand • 10, 66-67
reserve police officers • 3, 10
resignation • 10, 58
retiree medical insurance • 78
retirement
benefits • 78
disability • 60
service • 60
romantic relationships • See
harassment, discrimination and
retaliation; romantic and/or
sexual relationships between
supervisors and subordinates
salary
demotion • 18
merit increases • 17, 29
new employees • 16
promotion • 18
range • 10, 15
reduction • 54
review date • 11, 16, 18, 19
steps•11,15,16,17,18
temporary employees • 17
transfer • 19
y-rating • 11, 18
salary range • 17
separation • 55, See also
termination
serious health condition • See
Family Care and Medical Leave
(FMLA/CFRA Leave), serious
health condition
sex • See protected status
Short-Term /Long-Term Disability
Leave • 35
Skelly process • See discipline, Skelly
process
standards of conduct • 79-101
step increases • See salary, merit
increases
suspension • 11, 54, 67
r
temporary assignment • See
appointment, temporary
temporary employees • See
employees, temporary
termination • 11, See also discharge
tests • See examinations
textbook and tuition
reimbursement • 74
training • 74
transfer • 11, 53
involuntary • 53
salary • 19
voluntary • 53
V
veterans' preference • 25
violence • See workplace violence
and weapons
volunteers • 3, 79
w
work schedules • 28
workers' compensation leave • 31-
33
Early Return to Work /Modified
Duty Program • 32
probationary non-sworn
employees and part-time
benefitted employees • 31
salary continuation benefits • 32
sworn public safety employees
31
workers' compensation leave
full-time regular non-sworn
employees • 32
salary continuation benefits • 31
workplace violence and weapons
92-95
prohibited conduct • 93-94
reporting procedures • 94
risk reduction measures • 94
Y
y-rating • See salary, y-rating
[123]