HomeMy WebLinkAboutCC RES 26-52______________________
Resolution 26-52
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RESOLUTION NO. 26-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING UPDATED
PERSONNEL RULES
WHEREAS, the Personnel Rules of the City of Tustin (“City”) were last adopted by
the City Council by Resolution No. 15-50 on August 3, 2015; and
WHEREAS, it is desirable and appropriate to update the Personnel Rules to
ensure the City’s general human resources policies and procedures reflect current law
and practices;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, does hereby resolve that the updated Personnel Rules of the City of Tustin,
dated October 20, 2026, are hereby approved and incorporated herein.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 20th day of October 2026.
AUSTIN LUMBARD,
Mayor
ATTEST:
____________________________
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
____________________________
DAVID E. KENDIG,
City Attorney
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Resolution 26-52
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica Yasuda, 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. 26-52 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 20th day of October
2026, by the following vote:
COUNCILMEMBER AYES: Lumbard, Schnell, Gallagher, Nielsen (4)
COUNCILMEMBER NOES: Fink (1)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
COUNCILMEMBER RECUSED: (0)
____________________________
ERICA N. YASUDA,
City Clerk
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CITY OF TUSTIN
Personnel Rules
Revised October 20, 2026
City Council Resolution No. 26-52
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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. Departmental Rules or Policies ............................................................................................ 3
H. Application of Personnel Rules ............................................................................................ 3
I. Employment of Relatives ..................................................................................................... 4
J. Conflicting Rules................................................................................................................... 5
1. Memorandum of Understanding ................................................................................. 5
2. Federal and State Law .................................................................................................. 5
K. Not a Contract ...................................................................................................................... 5
SECTION 2. DEFINITION OF TERMS ................................................................................................ 6
SECTION 3. CLASSIFICATION PLAN ............................................................................................... 13
A. Purpose .............................................................................................................................. 13
B. Preparation of Plan ............................................................................................................ 13
C. Adoption of Plan ................................................................................................................ 13
D. Allocation of Positions ....................................................................................................... 13
E. New Positions .................................................................................................................... 13
F. Reclassification ................................................................................................................... 13
G. Use of Classification Titles ................................................................................................. 14
H. Use of Class Specifications ................................................................................................. 14
I. Use of Classification Plan ................................................................................................... 14
J. Working Out-of-Class ......................................................................................................... 14
K. Changes to Class Specifications ......................................................................................... 15
SECTION 4. COMPENSATION PLAN .............................................................................................. 16
A. Preparation of Plan ............................................................................................................ 16
B. Adoption of Plan ................................................................................................................ 16
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C. Format of Plan .................................................................................................................... 16
D. Meet and Confer Process ................................................................................................... 16
SECTION 5. SALARY ADMINISTRATION ........................................................................................ 17
A. Application of Rates ........................................................................................................... 17
B. Basis of Compensation ....................................................................................................... 17
1. Full-time Regular, Probationary, and Acting Appointments ...................................... 17
2. Other Appointments ................................................................................................... 17
C. Salary Review Dates ........................................................................................................... 17
D. Entrance Salary Rates ........................................................................................................ 17
1. General ....................................................................................................................... 17
2. Temporary Appointees ............................................................................................... 18
E. Merit Increase within the Salary Range ............................................................................. 18
F. Salary Range Increase ........................................................................................................ 18
G. Salary in Other Instances ................................................................................................... 18
1. Special Salary Adjustments ......................................................................................... 18
2. Salary on Promotion ................................................................................................... 19
3. Salary on Demotion .................................................................................................... 19
4. Salary on Transfer ....................................................................................................... 20
H. Overtime ............................................................................................................................ 20
1. Full-time Regular and Probationary Employees ......................................................... 20
2. Other Employees ........................................................................................................ 20
I. Additional Compensation .................................................................................................. 20
J. Emergency Cash-Out of Accrued Leave ............................................................................. 21
1. Purpose ....................................................................................................................... 21
2. Definition .................................................................................................................... 21
3. Policy ........................................................................................................................... 21
4. Procedure ................................................................................................................... 22
SECTION 6. RECRUITMENT AND SELECTION ................................................................................ 23
A. Applications........................................................................................................................ 23
B. Rejection of Applications ................................................................................................... 23
C. Examinations ...................................................................................................................... 23
1. Recruitment and Selection Type ................................................................................ 23
2. Targeted Recruitment and Selection Process ............................................................ 24
3. Examination Scores..................................................................................................... 24
4. Notification ................................................................................................................. 24
5. Disqualification ........................................................................................................... 24
D. Employment Lists (Eligible Lists) ........................................................................................ 24
1. Open and Promotional Employment Lists .................................................................. 24
2. Re-Employment Lists .................................................................................................. 25
3. Removal of Names ...................................................................................................... 25
E. Types of Appointment ....................................................................................................... 25
1. Eligibles Available ....................................................................................................... 25
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2. Provisional Appointment ............................................................................................ 25
3. Project Appointment .................................................................................................. 25
4. Emergency Appointment ............................................................................................ 26
5. Temporary Assignment .............................................................................................. 26
6. Contract Appointment ................................................................................................ 26
F. Additional Selection Criteria .............................................................................................. 26
1. Pre-employment Review ............................................................................................ 26
2. Job Offer ..................................................................................................................... 26
3. Veterans’ Preference .................................................................................................. 27
SECTION 7. PROBATIONARY PERIOD ........................................................................................... 28
A. Length of Probationary Period ........................................................................................... 28
B. Objective of Probationary Period ...................................................................................... 28
C. Promotional Probationary Period ...................................................................................... 28
D. Rejection of Probationary Employee ................................................................................. 29
1. Rejection of Probationary Employee .......................................................................... 29
2. Rejection of Promotional Probationary Employee ..................................................... 29
E. Extension Due to Leave of Absence or Modified Duty ...................................................... 29
SECTION 8. ATTENDANCE & LEAVES ............................................................................................ 30
A. Attendance ......................................................................................................................... 30
1. Timekeeping ............................................................................................................... 30
2. Reporting of Absences ................................................................................................ 30
3. Job Abandonment ...................................................................................................... 30
B. Work Schedules ................................................................................................................. 30
C. Telecommuting .................................................................................................................. 31
1. Purpose ....................................................................................................................... 31
2. Policy ........................................................................................................................... 31
3. Eligibility ...................................................................................................................... 31
4. Alternate Worksite ..................................................................................................... 32
5. Equipment, Supplies, & Technology ........................................................................... 32
6. Liability ........................................................................................................................ 33
7. Responsibilities ........................................................................................................... 33
8. Procedures .................................................................................................................. 33
D. Continuous Service Requirements ..................................................................................... 34
E. Approval of Leaves ............................................................................................................. 35
F. General Leave .................................................................................................................... 35
1. Accrual Rates .............................................................................................................. 35
2. Maximum Accumulation ............................................................................................ 35
3. Time of Leave .............................................................................................................. 35
4. Holiday Within a Leave Period ................................................................................... 35
5. Pro-Rated Accrual While on Unpaid Status ................................................................ 36
6. Pay in Lieu of Leave .................................................................................................... 36
7. Use of Accrued Leave Prior to Separation .................................................................. 36
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8. Payoff at Separation ................................................................................................... 36
G. Exempt Administrative Leave ............................................................................................ 36
H. Compensatory Time Off ..................................................................................................... 36
I. Holidays .............................................................................................................................. 37
1. Eligibility ...................................................................................................................... 37
2. Early Release ............................................................................................................... 37
3. Work on a Holiday ...................................................................................................... 37
4. Holiday During a Leave of Absence ............................................................................ 37
J. Disability Leaves ................................................................................................................. 37
1. Industrial Disability Leave (Workers’ Compensation Leave) ...................................... 37
2. Pregnancy Disability Leave ......................................................................................... 40
3. Short-Term / Long-Term Disability Leave ................................................................... 42
K. Family Care and Medical Leave (FMLA/CFRA Leave) ......................................................... 43
1. Policy ........................................................................................................................... 43
2. Definitions ................................................................................................................... 43
3. Reasons for Leave ....................................................................................................... 46
4. Eligibility for Leave ...................................................................................................... 47
5. Amount of Leave......................................................................................................... 47
6. Flexible Benefits During Leave.................................................................................... 48
7. Concurrent Use of Accrued Paid Leave ...................................................................... 48
8. Certification ................................................................................................................ 49
9. Employee Notice of Leave .......................................................................................... 51
10. Reinstatement upon Return from Leave .................................................................... 51
11. Required Documentation ........................................................................................... 52
L. Other Leaves of Absence ................................................................................................... 52
1. Bereavement Leave .................................................................................................... 52
2. Medical Emergency / Catastrophic Leave .................................................................. 52
3. Military Leave ............................................................................................................. 55
4. Jury Duty Leave ........................................................................................................... 58
5. Family Sick Leave (KinCare Leave) .............................................................................. 58
6. Leave to Participate in Child’s School or Child Care Activities ................................... 58
7. Leave for Victims of Violence ..................................................................................... 59
8. Special Leaves with and without Pay ......................................................................... 59
9. Time Off to Vote ......................................................................................................... 60
SECTION 9. EMPLOYEE STATUS CHANGES .................................................................................... 61
A. Transfer .............................................................................................................................. 61
1. Voluntary Transfer ...................................................................................................... 61
2. Involuntary Transfer ................................................................................................... 61
B. Promotion .......................................................................................................................... 61
C. Demotion ........................................................................................................................... 61
1. Involuntary Demotion ................................................................................................ 61
2. Voluntary Demotion ................................................................................................... 61
D. Suspension ......................................................................................................................... 62
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E. Reduction in Salary ............................................................................................................ 62
F. Reinstatement .................................................................................................................... 62
SECTION 10. SEPARATION FROM SERVICE ................................................................................... 63
A. Discharge or Dismissal ....................................................................................................... 63
1. At-Will Employees ...................................................................................................... 63
2. Regular Employees ..................................................................................................... 63
B. Layoff .................................................................................................................................. 63
1. Authority to Lay Off .................................................................................................... 63
2. Definitions ................................................................................................................... 63
3. Designation of Positions for Layoff ............................................................................. 63
4. Order of Layoff ............................................................................................................ 64
5. Bumping Rights ........................................................................................................... 64
6. Severance Assistance .................................................................................................. 64
7. Re-Employment List .................................................................................................... 65
8. Re-employment .......................................................................................................... 65
9. Notices ........................................................................................................................ 66
10. Displacement of Part-Time Employee ........................................................................ 66
11. No Appeal ................................................................................................................... 66
C. Resignation......................................................................................................................... 66
D. Disability ............................................................................................................................. 67
1. Policy ........................................................................................................................... 67
2. Procedure ................................................................................................................... 67
E. Retirement ......................................................................................................................... 68
F. Disability Retirement ......................................................................................................... 68
1. Local Miscellaneous Retirement Plan......................................................................... 68
2. Local Safety Retirement Plan ...................................................................................... 68
SECTION 11. GRIEVANCES ............................................................................................................ 69
A. Policy .................................................................................................................................. 69
1. Eligibility ...................................................................................................................... 69
2. Definition .................................................................................................................... 69
3. Exclusions from the Grievance Procedure ................................................................. 69
B. Procedure ........................................................................................................................... 70
C. Settlement ......................................................................................................................... 71
D. Representation .................................................................................................................. 71
E. Delegation .......................................................................................................................... 71
SECTION 12. DISCIPLINE ............................................................................................................... 72
A. Policy Coverage .................................................................................................................. 72
B. Causes for Discipline .......................................................................................................... 72
C. Administrative Leave Pending Potential Disciplinary Action ............................................. 74
D. Types of Discipline ............................................................................................................. 74
1. Counseling .................................................................................................................. 74
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2. Verbal Admonishment or Reprimand ........................................................................ 75
3. Written Admonishment or Reprimand ...................................................................... 75
4. Suspension .................................................................................................................. 75
5. Reduction in Salary ..................................................................................................... 75
6. Demotion .................................................................................................................... 76
7. Discharge .................................................................................................................... 76
E. Skelly Process ..................................................................................................................... 76
1. Notice of Intent to Discipline ...................................................................................... 76
2. Employee’s Response and the Skelly Conference ...................................................... 77
3. Final Notice of Discipline ............................................................................................ 77
F. Evidentiary Appeal to the City Manager ............................................................................ 78
1. Request for Appeal Hearing ....................................................................................... 78
2. Hearing Officer............................................................................................................ 78
3. Date and Time of the Appeal Hearing ........................................................................ 78
4. Identification of Issues, Witnesses and Evidence ....................................................... 78
G. Conduct of the Appeal Hearing.......................................................................................... 78
1. Subpoenas .................................................................................................................. 78
2. Record of the Proceedings ......................................................................................... 79
3. The Hearing Officer’s Authority During the Hearing .................................................. 79
4. Conduct of the Hearing .............................................................................................. 79
5. Burden of Proof at the Hearing .................................................................................. 80
6. Right to Due Process ................................................................................................... 80
7. Presentation of Case ................................................................................................... 80
8. Written Briefs by the Parties ...................................................................................... 81
9. Written Findings and Decision.................................................................................... 81
10. Proof of Service of the Written Findings and Decision .............................................. 81
11. Statute of Limitations ................................................................................................. 81
SECTION 13. TRAINING AND EDUCATION REIMBURSEMENT ...................................................... 82
A. Training .............................................................................................................................. 82
B. Tuition Reimbursement ..................................................................................................... 82
C. Business Travel and Overnight Stay ................................................................................... 82
SECTION 14. PERSONNEL RECORDS ............................................................................................. 83
A. Personnel Files ................................................................................................................... 83
1. Maintenance of Personnel File ................................................................................... 83
2. Employee Access to Personnel Files ........................................................................... 83
B. Additional Employee Files .................................................................................................. 83
C. Changes in Employee Status .............................................................................................. 84
D. Eligibility for Rehire ............................................................................................................ 84
E. Changes in Personal Information ....................................................................................... 84
F. Destruction of Records ...................................................................................................... 84
G. Release of Personnel Information ..................................................................................... 84
1. Public Information ...................................................................................................... 84
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2. Reference Checks and Employment Verification ....................................................... 85
SECTION 15. ADDITIONAL BENEFITS ............................................................................................ 86
A. Retirement ......................................................................................................................... 86
B. Flexible Benefits Plan ......................................................................................................... 86
C. Life Insurance ..................................................................................................................... 86
D. Retiree Medical Insurance ................................................................................................. 86
E. Other Benefits .................................................................................................................... 86
F. Part-Time Benefitted Employees ....................................................................................... 86
SECTION 16. STANDARDS OF CONDUCT ...................................................................................... 87
A. Code of Ethics .................................................................................................................... 87
B. Gifts and Gratuities ............................................................................................................ 88
C. Political Activity .................................................................................................................. 88
D. Outside Employment ......................................................................................................... 89
1. Approval Process ........................................................................................................ 89
2. Restrictions ................................................................................................................. 89
3. Revocation .................................................................................................................. 89
E. Alcohol and Drug Abuse ..................................................................................................... 90
1. Purpose ....................................................................................................................... 90
2. Policy ........................................................................................................................... 90
3. Application .................................................................................................................. 91
4. Management Responsibilities and Guidelines ........................................................... 91
5. Employee Responsibilities .......................................................................................... 93
6. Drug and/or Alcohol Analysis Process ........................................................................ 93
7. Results of Drug and/or Alcohol Analysis .................................................................... 95
8. Confidentiality ............................................................................................................ 96
9. Department of Transportation Anti-Drug and Alcohol Misuse Prevention Program 96
F. Harassment, Discrimination and Retaliation ..................................................................... 96
1. Purpose ....................................................................................................................... 96
2. Policy ........................................................................................................................... 96
3. Policy Coverage ........................................................................................................... 97
4. Definitions ................................................................................................................... 97
5. Romantic and/or Sexual Relationships between Supervisors and Subordinates ...... 98
6. Reporting Procedure .................................................................................................. 98
7. Exceptions ................................................................................................................... 99
8. Retaliation Prohibited ................................................................................................. 99
G. Dress Code ......................................................................................................................... 99
1. General Guidelines ..................................................................................................... 99
2. Departmental Standards .......................................................................................... 100
3. Business Casual Attire ............................................................................................... 100
4. Safety and Identification .......................................................................................... 100
5. Compliance ............................................................................................................... 100
H. Workplace Violence and Weapons .................................................................................. 100
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1. Purpose ..................................................................................................................... 100
2. Affected Individuals .................................................................................................. 100
3. Policy ......................................................................................................................... 101
4. Prohibited Conduct ................................................................................................... 101
5. Reporting Procedures ............................................................................................... 102
6. Risk Reduction Measures ......................................................................................... 102
I. Information System ......................................................................................................... 103
1. Purpose ..................................................................................................................... 103
2. Definition .................................................................................................................. 103
3. Policy ......................................................................................................................... 103
J. Internet Use ..................................................................................................................... 105
1. Purpose ..................................................................................................................... 105
2. Scope and Applicability ............................................................................................. 105
3. Acceptable Use ......................................................................................................... 105
4. Unacceptable Use ..................................................................................................... 106
5. Social Media .............................................................................................................. 108
6. Violations and Enforcement ..................................................................................... 108
K. Phones .............................................................................................................................. 109
1. General Use .............................................................................................................. 109
2. City-Issued Cell Phones and Cell Phone Stipends ..................................................... 109
3. Employee Responsibilities ........................................................................................ 109
4. Off-Duty Work .......................................................................................................... 109
5. Phone Use While Driving .......................................................................................... 109
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
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3. Initiation of Impasse Procedure ............................................................................... 118
4. Fees and Expenses .................................................................................................... 119
5. City Council Action .................................................................................................... 119
R. Memorandum of Understanding ..................................................................................... 119
S. Rules and Regulations ...................................................................................................... 119
INDEX .......................................................................................................................................... 120
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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 status, to not be
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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 expression, gender identity, genetic information, marital status, medical
condition, national origin, political affiliation (or political beliefs), pregnancy, race, religion, sex,
sexual orientation, veteran status, or any other classification protected by law.
Any applicant or employee who believes he/she has been subjected to conduct prohibited by
these Rules should promptly report the matter in accordance with the complaint procedures
set forth in Section 16.F (Harassment, Discrimination and Retaliation) of these Rules.
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. The
City Manager is authorized to implement revisions or updates that are intended to reflect
existing City practices or best practices, are required by state or federal law, or are
otherwise administrative in nature and do not have a fiscal impact.
2. Administer the provisions of the City’s merit system not specifically reserved to the City
Council.
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3. Appoint all Department Heads and employees of the City, except 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.
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.
The City Manager may amend these Personnel Rules as specified in Section E.1.
Any modifications involving a term or condition of employment are subject to the meet and
confer process with designated representatives of the affected employee group(s).
G. Departmental Rules or Policies
These Personnel Rules do not preclude the City Manager or individual City departments from
developing and administering supplemental departmental rules or policies as long as they do
not conflict with these Rules, other Council resolutions and ordinances, or existing laws.
H. Application of Personnel Rules
Section 1.I (Employment of Relatives) and Section 16 (Standards of Conduct) of these
Personnel Rules apply to all employees and officials of the City.
These Personnel Rules in their entirety apply only to merit system employees. With the
exception of Sections 1.I and 16, the following employees and officials are excluded from
coverage under these Rules:
1. Elected City Council Members.
2. Members of appointive boards, commissions, committees and agencies (unless they are
also regular City employees).
3. City Manager and Department Heads employed at-will under an individual employment
agreement.
4. City Attorney.
5. Persons engaged under a professional services agreement to supply expert professional,
technical or other services (e.g. contractors or consultants).
6. Volunteer personnel (who are not also regular City employees).
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7. 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.
8. Temporary employees hired to fill a full-time or part-time position for a limited period of
time.
9. Part-time employees employed at-will (non-benefitted).
10. Project employees hired for a specific project, special assignment, or limited term.
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 or the City Manager shall be
appointed to a paid position within the City service or retained by the City under a
professional services agreement or other contract.
2. No person who is a relative of a Department Head shall be appointed to a paid position
within the same department or retained by the City under a professional services
agreement or other contract for that department.
3. No relatives shall be employed in positions where one has supervisory responsibility over
the other.
4. No relatives shall be employed in positions where one would have access to confidential
and privileged information concerning the other. 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.
5. In the case of a violation of this section, the City may take appropriate action to eliminate
the conflict or potential conflict, including but not limited to, reassignment of duties,
restriction of access to confidential information, transfer, demotion or separation of one
party. Any action taken to remedy violations of this section is subject to the approval of
the City Manager. The City Manager may grant exemptions to this policy if he/she deems
that such employment does not adversely affect the effective and efficient operation of
the City.
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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.
2. Federal and State Law
Where a conflict exists between items stated in these Rules and existing federal law
and/or California state law, the federal and/or 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.
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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 as a benefit to employees who are
exempt from overtime under the Fair Labor Standards Act (FLSA) or initiated by the City
for disciplinary or non-disciplinary reasons.
a. 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.
b. Involuntary Administrative Leave: a temporary leave of absence with pay initiated
by the City for disciplinary or non-disciplinary reasons, including but not limited to
an investigation, pending or potential disciplinary action, or business, medical,
safety, or operational reasons, including placement pending a fitness-for-duty
examination. Involuntary Administrative Leave does not accrue and is not charged
against an employee’s leave balances.
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
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service. The City Council is the appointing authority for the City Manager and City
Attorney.
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 with or without cause, notice, or right of appeal, as
provided by California Labor Code section 2922. This includes contract employees
employed under an individual employment contract, emergency employees, project
employees, temporary employees, part-time (non-benefitted) employees, and volunteer
personnel 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 job 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, journey, and/or advanced journey 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 and Department Heads are contract employees.
18. Day – a calendar day unless specified as a working day.
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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. Also
referred to as “termination”.
21. Eligible – 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 (FLSA) because he/she qualifies for one of the exemptions from the
overtime provisions of the FLSA.
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.
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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.
a. FLSA Overtime: overtime paid pursuant to the Fair Labor Standards Act (FLSA).
b. MOU Overtime: overtime paid pursuant to provisions of a MOU or salary
resolution.
31. Part-Time Status – the status of an employee in a part-time position that is compensated
on an hourly basis. A part-time employee may have either a) regular status (sometimes
called a part-time benefitted employee) or b) at-will status (may also be called a part-time
non-benefitted employee).
32. Part-Time Position – a position having a work week of fewer hours than the full work week
established for a full-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 intended 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. Probationary 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. Probationary 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 Probationary Period: the probationary period served upon
promotion from one City position to another.
37. Probationary Status – the status of an employee during the probationary period. An
original probationary employee serves at-will and may be rejected and separated without
cause or right of appeal. A promotional probationary employee may be rejected from the
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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 a full-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.
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 have significantly changed over time and are inconsistent with
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. Rejection – 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. A rejection during the probationary period is commonly referred to as an
employee "failing probation."
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-
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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. Salary Plan – see Compensation Plan.
50. Salary 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.
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. Separation – the end of an employee’s employment with the City because of retirement,
resignation, death or dismissal (termination).
54. Suspension – the temporary separation without pay of an employee from City service for
purposes of disciplinary action.
55. 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 with or without cause and without right of appeal.
56. Transfer – a change of an employee from one position to another position in the same
class or in another class having the same or comparable maximum salary rate, involving
the performance of similar duties and/or 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)
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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.
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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. The City's
Position Control constitutes the Classification Plan.
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.
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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 Department Head and the
concurrence 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 or MOU.
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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.
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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; internal equity;
and the City’s financial condition and policies. The City may conduct 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.
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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.
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 or salary resolution.
D. Entrance Salary Rates
1. General
All new employees shall normally be appointed at salary step “A” of the salary range in
effect for the class in which the appointment is made. A new employee may be appointed
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, with approval of the
Director of Human Resources.
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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, or
designee, shall submit to the Human Resources Department a written evaluation and
recommendation to approve, delay, or deny the advancement.
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, the City Manager may, upon
recommendation of the Department Head, adjust the salary rate of an incumbent of a
particular position to any step within the salary range for that class. A special salary
adjustment will only be approved in limited circumstances, such as to retain an employee
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who has received a confirmed offer of employment from another employer, to correct
gross inequities, or to reward outstanding achievement and performance. 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 of approximately five percent (5%) over the employee’s
current salary at the time of promotion. The Department Head may recommend
assignment to a higher salary step based on special circumstances, subject to the approval
of the Director of Human Resources. 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 the employee’s salary rate at
the 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. With the approval of the City Manager, an
employee who voluntarily demotes may be Y-rated.
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 unless the employee is demoted to a classification the employee has not
previously held with the City. In that case, the employee shall serve a probationary
period of one year.
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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 or require overtime work 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 working 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 or MOU.
Exempt employees are not eligible for overtime unless otherwise provided in the
appropriate salary resolution or MOU.
2. Other Employees
Part-time non-benefitted, temporary, or provisional employees shall be paid overtime in
accordance with the Fair Labor Standards Act (FLSA).
I. Additional Compensation
Employees may be eligible for additional compensation in accordance with the applicable
salary resolution or MOU.
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Unless otherwise provided in the applicable salary resolution or MOU, ongoing premiums,
incentives, differentials, and allowances will be paid only when an employee is in paid status
for forty (40) or more hours in a pay period.
For purposes of this section, paid status includes receiving regular salary or wages, receiving
salary continuation payments during Industrial Disability Leave, and using paid leave on an
authorized leave of absence. Paid status does not include leave without pay, the City’s 60%
disability pay during the STD/LTD elimination period, or periods in which the employee
receives disability benefits from a third party (e.g. STD/LTD benefits or workers’
compensation temporary disability benefits).
J. Emergency 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 a cash-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 his/her accrued General Leave or
Compensatory Time Off bank, or any combination thereof, provided at least eighty (80)
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.
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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.
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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. Rejection 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 (even with a 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, and evaluation of work samples
or daily work performance.
1. Recruitment and Selection Type
Vacancies may be filled by either an open competitive or promotional recruitment and
selection 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.
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2. Targeted Recruitment and Selection Process
In an effort to streamline the City’s hiring procedures, the City has established a targeted
recruitment and selection process, the use of which may be authorized by the City
Manager on an as-needed basis. A targeted recruitment and selection process involves
direct solicitation to specific individuals and/or professional organizations to seek out
prospective candidates who are believed to be highly qualified for a particular position.
The Human Resources Department is authorized to use a targeted recruitment and
selection process on those specific occasions when the City Manager determines it is in
the best interests of the City to do so. Any individual hired through a targeted recruitment
and selection process shall meet all requirements expected of any City employee hired
through a traditional recruitment process, including meeting the minimum education and
experience qualifications of the job classification, and successful completion of a
background investigation, physical examination, and administrative screening. In
implementing a targeted recruitment and selection process, the City Manager and City
staff shall ensure compliance with the City’s Equal Employment Opportunity policy.
3. 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.
4. Notification
Each applicant will be notified of his/her status at each step in the examination process.
5. 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
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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.B.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.
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. Project Appointment
Project employees are limited duration 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
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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 same employment benefits to which they would
otherwise be entitled as probationary or regular employees, including CalPERS retirement
benefits and Flexible Benefits contributions.
4. Emergency 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.
5. Temporary Assignment
A temporary employee is a full-time or part-time employee who is hired for a limited
duration, typically not to exceed 1,000 hours worked in a fiscal year. 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. The City Manager and Department Heads are contract employees.
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. For positions in the
Police Department, the City may also require a polygraph test and/or 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
unconditional offer of employment.
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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.
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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 twelve (12) months of actual service.
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.
Notwithstanding the above, if the City reinstates or re-hires a Police Officer who previously
worked for the City as a Police Officer and passed the City’s probationary period as a Police
Officer, the reinstated or re-hired Police Officer is required to serve a probationary period of
not less than twelve (12) months.
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.
The Department Head may extend the probationary period of any employee by up to one
hundred and eighty (180) days.
The probationary period of any employee may also be extended due to a leave of absence or
time on modified duty pursuant to Section 7.E of these Rules.
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 separation 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.
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D. Rejection of Probationary Employee
1. Rejection 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.
2. Rejection 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 or Modified Duty
The purpose of the probationary period is to ensure an extended period for observation and
evaluation before an employee obtains regular status.
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.
Any modified duty assignment exceeding fifteen (15) work days resulting from an employee’s
temporary inability to perform the essential functions of the job shall cause the employee’s
probationary period to be extended by the number of days of such modified duty that are in
excess of fifteen (15) days.
If an employee is unable to perform his/her regular duties due to a combination of leave of
absence and a modified duty assignment that exceeds fifteen (15) work days, the employee’s
probationary period shall be extended by the number of combined days of leave and modified
duty that are in excess of fifteen (15) days.
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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 as soon as practical and prior to the date of
expected absence whenever possible, except in the Police Department where such notice
shall be two (2) hours before the beginning of the employee’s normal work shift.
3. Job Abandonment
An employee who is absent from work on scheduled days without notice or approval for
three (3) consecutive work days 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 in advance or during the absence. The employee
will be reinstated upon proof of justification for the absence, such as severe accident,
illness, or other exigent circumstances that prevented the employee or anyone on behalf
of the employee from notifying the City. 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 or MOU.
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C. Telecommuting
1. Purpose
The City recognizes the changing nature of the workplace and its workforce and aims to
increase productivity by improving employee work-life balance and morale. The City also
strives to recruit and retain a skilled, dedicated workforce by offering greater flexibility to
employees while meeting the needs of the City’s residents and customers. Offering a
telecommuting program is a contemporary and cost-effective way to meet these
objectives. As an added benefit, telecommuting leads to decreased employee
absenteeism, reduced vehicle trips to City worksites, and lower office costs.
2. Policy
Telecommuting entails working from home or another location (alternate worksite) for
any portion of an employee’s workweek. The City may allow employees to voluntarily
telecommute. This policy sets guidelines and requirements for all employees participating
in telecommuting.
3. Eligibility
Any employee may request a telecommuting arrangement by submitting a
Telecommuting Application. The employee’s Department Head has the sole discretion to
approve or deny an application. The Department Head will determine if telecommuting
is suitable for an employee based on the employee’s job duties and responsibilities, in-
person interaction requirements, equipment needs, personal work habits, and job
performance. Consideration of a telecommuting arrangement will also entail retention of
the employee by enhancing work-life balance, employee morale and productivity, service
to the public, and efficient department operations.
If telecommuting is approved, the employee and the Department Head will execute a
Telecommuting Agreement. Employees who are permitted to telecommute must be
performing their job at a satisfactory level or above and must ensure they are readily
accessible to their supervisor, coworkers, and (if applicable) members of the public, as
defined by their supervisor. Telecommuting is a privilege and there may be times when
staff must forgo all or part of a scheduled telecommuting day to attend meetings in
person or due to staffing needs.
A Telecommuting Agreement may be revoked by either party at any time. If an Agreement
is revoked by the Department Head, the City will make every effort to provide as much
advance notice as possible to mitigate issues that may arise from termination of the
agreement.
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Telecommuting is not viable for all positions or all employees. An employee whose
request to telecommute is denied or rescinded by the Department Head has no right to
appeal.
4. Alternate Worksite
The employee must identify the location of their alternate worksite and notify their
supervisor of any change. The employee must have a workspace at the alternate worksite
that is maintained in a safe condition and free of hazards that might endanger the
employee or City equipment.
Virtual meetings are expected when the employee is working at the alternate worksite. If
the employee needs to meet someone in person, the meeting should be held at the
employee’s primary worksite or another suitable location.
5. Equipment, Supplies, & Technology
The employee must have appropriate equipment and supplies at the alternate worksite
to perform their assigned work, including a computer and phone.
Employees who are permitted to telecommute will be provided with a City-owned
computer. For security reasons, employees are required to use the City-issued computer,
not their own personal computer, to perform their work. Employees may use their own
personal phone or a City-owned phone. Any additional equipment necessary for the
employee’s work (e.g. monitors and laptop docks) may be provided with the approval of
the employee’s Department Head and Information Technology (IT), subject to budgetary
constraints. Equipment provided to the employee shall remain the property of the City
and shall be returned to the City. The use of City equipment is limited to use by authorized
employees and for purposes related to City business. The employee is responsible for the
security of all equipment provided by the City and must immediately report any lost or
damaged equipment to their supervisor.
The employee may obtain all incidental office supplies (e.g. pens, paper, printer ink)
needed for work at the alternate worksite from the primary worksite. Alternatively,
employees may purchase these supplies with approval from their supervisor.
The alternate worksite must have a reliable, secure, and high-speed internet connection
that can adequately support the employee’s workload, as well as reliable phone access.
The employee must take appropriate safeguards to ensure the security of any equipment
and confidential data and information stored at the alternate worksite. IT staff will
determine security guidelines and procedures required and what systems need to be
installed in order to maintain an acceptable level of security, such as a virtual private
network (VPN). IT staff will do their best to resolve help desk calls from employees,
however if the issue cannot be resolved remotely, IT staff will not travel to an alternate
worksite to address technology issues.
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Since this is a voluntary program, the City is not responsible for additional costs associated
with telecommuting, including utility costs, internet service, and furniture and equipment
used at the alternate workspace.
6. Liability
The City’s Workers’ Compensation benefits will apply to injuries occurring in the course
of the actual performance of official job duties at the alternate work site during the
employee’s telecommuting work hours. The employee, or someone on their behalf, must
notify their supervisor of any work-related injuries and the supervisor shall follow the
City’s Workers’ Compensation reporting procedure.
The employee remains liable for any injuries to third party individuals and/or members of
the employee’s family at the alternate worksite. The City is not liable for any damage to
the employee’s personal or real property while the employee is working at the alternate
worksite.
The City retains the right to visit the employee’s alternate work site during their assigned
work hours to ensure that safe work conditions exist and to maintain, repair, inspect or
retrieve City-owned equipment, software, data and/or supplies.
7. Responsibilities
The duties, obligations, responsibilities, and conditions of an employee’s employment
with the City remain unchanged while telecommuting. The employee’s salary and
employment benefits remain unchanged. Employees remain obligated to comply with all
State and Federal laws, including the Fair Labor Standards Act (FLSA). Employees remain
obligated to comply with all City rules, regulations, policies, and procedures, including the
applicable Memorandum of Understanding (MOU) or Salary Resolution and the Personnel
Rules, including provisions related to work schedules, attendance and leaves, overtime,
and Standards of Conduct.
8. Procedures
a. Telecommuting on a Regular Basis
The following steps apply to all employees who desire to telecommute on a regular
basis:
1. Employee submits Telecommuting Application and discusses with Supervisor.
2. Supervisor makes recommendation and Department Head makes
determination to approve or deny request and notifies Employee of decision.
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3. If approved, Employee and Department Head execute Telecommuting
Agreement.
4. Department Head submits Application (approved or denied) and Agreement
(if approved) to Human Resources for inclusion in Employee’s personnel file.
5. Department Head reviews Agreements periodically (e.g. annually or when
Employee’s duties or position change) and notifies Human Resources if
Agreement is revoked.
b. Ad Hoc Arrangements
Employees who only wish to telecommute on an infrequent and sporadic basis are
not required to follow the formal Application and Agreement procedures described
above. Instead, temporary telecommuting arrangements may be approved
informally by the employee’s Department Head (or their designee) on a case-by-
case basis. These arrangements are approved as-needed with no expectation of
telecommuting on a regular basis, for circumstances such as minor illness (e.g. the
common cold) where the employee still feels well enough to work, childcare or
family issues, inclement weather, traveling, or special projects. In addition, with
the consent of Human Resources, telecommuting arrangements may be approved
as a result of the disability interactive process.
Employees without an assigned City laptop may request to use a loaner device from
IT. It is the employee’s responsibility to make arrangements to pick up the laptop;
IT will not deliver the laptop to the employee.
While employees who are approved to telecommute on an ad hoc basis are not
required to complete the formal application and agreement procedures outlined
above, they are still required to follow all other aspects of this Telecommuting
Policy.
D. 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.
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E. 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.
F. General Leave
General Leave is a multi-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 or MOU. Leave will be prorated for part-time
benefitted employees.
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, and/or using paid leave on an authorized leave of absence during the entire pay
period.
2. Maximum Accumulation
General Leave may be accumulated to a maximum accrual as specified in the applicable
memorandum of understanding or salary resolution. 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.
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.
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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. Unpaid status includes leave without pay,
the City’s 60% disability pay during the STD/LTD elimination period, and days in which the
employee is paid a disability benefit by a third party (e.g. STD/LTD benefit or workers’
compensation temporary disability benefit).
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 Accrued Leave Prior to Separation
An employee may not use accrued General Leave or other paid leave in lieu of working
their regularly scheduled hours immediately preceding separation from City employment
unless approved in advance by the Department Head. In determining whether to approve
such a request, the Department Head shall consider the employee’s preference, the
operational needs of the department, and the resulting cost impact to the City.
8. Payoff at Separation
Upon the employee’s separation, all unused accrued General Leave and Administrative
Leave shall be paid out at the employee’s current hourly rate. Unused accrued
Compensatory Time Off shall be paid out at the applicable regular rate of pay, in
accordance with the Fair Labor Standards Act. Payment shall be processed in the next
regularly scheduled payroll process.
G. Exempt Administrative Leave
Administrative Leave may be provided to exempt employees in accordance with the
guidelines set forth in the applicable salary resolution or MOU.
H. Compensatory Time Off
Non-exempt employees may accrue and use Compensatory Time Off in accordance with the
guidelines set forth in the applicable salary resolution or MOU.
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I. Holidays
1. Eligibility
Employees shall be eligible for those holidays provided in the appropriate salary
resolution 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. Early Release
The City Manager may authorize employees to be released from work prior to the end of
the scheduled workday immediately preceding a City holiday without loss of pay or
requiring the use of accrued leave. Such early release is discretionary, may vary by
department or work unit based on operational needs, and does not create an entitlement
or establish a past practice.
3. 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
compensated in accordance with the appropriate salary resolution or MOU.
4. Holiday During a Leave of Absence
An employee shall receive full holiday compensation during a leave of absence when
he/she is in fully paid status immediately before and after the holiday.
An employee is not entitled to holiday compensation when the employee is in unpaid
status immediately before or after the holiday. Unpaid status includes leave without pay,
the City’s 60% disability pay during the STD/LTD elimination period, and days in which the
employee is paid a disability benefit by a third party (e.g., STD/LTD benefit or workers’
compensation temporary disability benefit). If an employee has received Advance Holiday
Pay and is not in fully paid status immediately before and after a Holiday occurs, the City
will reduce the employee’s leave bank by the amount of hours previously paid for that
particular holiday.
J. Disability Leaves
1. Industrial Disability Leave (Workers’ Compensation Leave)
An employee who suffers a work-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.
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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 (CalPERS) 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. 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 a full-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
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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 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.
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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 may exceed six (6) months unless extended in accordance
with this section. The City may consider an extension of a modified duty assignment
beyond the initial six (6) months if a written statement from the treating physician is
received that indicates a “date certain” that the employee will be released to full duty
and there is modified duty work still available. 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.
e. Time Spent at a Medical Facility
On the date of injury (or on the date the injury is first reported to a supervisor), if the
City sends an employee to a medical facility for treatment of an industrial injury, the
time the employee is required to spend at the medical facility is compensable as hours
worked.
Employees are encouraged to schedule any follow-up examinations and physical
therapy sessions outside of their regular work hours. Any time spent at follow-up
appointments and physical therapy sessions is not compensable since it is not
considered hours worked.
2. Pregnancy 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, a City-designated physician,
she is temporarily disabled because of a pregnancy-related condition, childbirth or a
related medical condition.
When an employee is disabled due to a pregnancy-related condition, 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
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assignment, and her expected date of return to work. Such statement shall be
furnished as soon as feasible after a determination of the pregnancy-related 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 Director of Human Resources.
c. Benefits During Leave
In accordance with the State of California’s Pregnancy Disability Leave law, an
employee on Pregnancy Disability Leave is entitled to up to four (4) months of job-
protected leave for the time that the employee is disabled due to pregnancy and/or
childbirth. If an employee remains disabled after exhausting Pregnancy Disability
Leave, the City will engage in the interactive process to determine whether additional
leave or another reasonable accommodation is appropriate under applicable law.
While on Pregnancy Disability Leave, the employee is entitled to continued coverage in the
City’s group health insurance and supplemental policies to the same extent as when the
employee was working. 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.
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 unrelated to the employee’s leave
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
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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.
e. Lactation Accommodation
In accordance with California law, the City shall provide a reasonable amount of break
time to accommodate an employee desiring to express breast milk for the employee's
infant child. If possible, the break time shall run concurrently with the employee's
regular paid break time. Break time that does not run concurrently with paid break
time may be unpaid to the extent permitted by law.
The City shall provide a lactation room or other location, other than a bathroom, that
is private, shielded from view, free from intrusion, and otherwise complies with
applicable law. The location shall include a place to sit, a surface for a breast pump and
personal items, access to electricity if needed, and access to a sink and refrigerator or
other cooling device suitable for storing breast milk in close proximity to the
employee's work area.
An employee requesting lactation accommodation should notify the Human Resources
Department or the employee's supervisor as soon as practicable. The City will respond
to requests in accordance with applicable law and will not discriminate or retaliate
against an employee for requesting or using lactation accommodation.
If break time is not feasible to provide to the employee due to the nature of their
position, the employee may be temporarily reassigned during such period when the
accommodation is requested in order to be able to accommodate the employee’s
request. The employee shall be entitled to continue to receive her same pay and
benefits during the period of reassignment.
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 or MOU.
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K. 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 both 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 covered
active duty (or notification of an impending call or order to active duty) which provides
for deployment to a foreign country for members of the National Guard, Reserves
and members of the Armed Forces as provided for by the FMLA.
c. Covered Servicemember – a current servicemember or covered veteran, as defined
by the FMLA.
d. Family Member – an employee’s child of any age, parent, grandparent, grandchild,
sibling, spouse, domestic partner, or designated person.
A “child” includes a biological, adopted, or foster child, stepchild, legal ward, child of
the employee’s domestic partner, or a person to whom the employee stands in loco
parentis, regardless of age.
A “parent” includes a biological, foster, or adoptive parent, parent-in-law, stepparent,
legal guardian, or other person who stood in loco parentis to the employee when the
employee was a child.
A “domestic partner” means a registered domestic partner as defined by California
law.
A “designated person” means any individual related by blood or whose association
with the employee is the equivalent of a family relationship. The employee may
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identify the designated person when requesting leave, and the City may limit an
employee to one designated person in a 12-month period.
e. 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.
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.
f. 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.
g. 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.
h. Serious Health Condition – an illness, injury, impairment, or physical or mental
condition that involves:
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i. 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 therefrom); 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:
I. 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
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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, 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 – a serious injury or illness of a covered servicemember, as
defined by the FMLA.
j. 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 family member who has a serious health condition.
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 for a “qualifying exigency” arising out of the fact that an employee’s child,
spouse, domestic partner, or parent is on covered active military duty or has been
notified of an impending call or order to active duty. Eligible employees may take
leave to care for a military member’s parent who is incapable of self-care when the
care is necessitated by the member’s covered active duty. Such care may include
arranging for alternative care, providing care on an immediate need basis, admitting
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or transferring the parent to a care facility, or attending meetings with staff at a care
facility.
f. Leave to care for a child, spouse, parent, or “next of kin” who is a covered
servicemember with a serious injury or illness, as provided under the FMLA.
4. Eligibility for Leave
An employee is eligible for leave if the employee:
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 may receive up to twelve (12) workweeks of leave under FMLA
and/or CFRA during the applicable 12-month period. FMLA and CFRA leave will run
concurrently when the leave qualifies under both laws. When leave qualifies under
only one law, it will be charged only against the employee’s entitlement under that
law.
Eligible employees may receive up to twenty-six (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 family member 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.
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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.
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, or
because of other circumstances beyond the employee’s control.
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, Exempt 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, Exempt
Administrative Leave, and/or Compensatory Time Off concurrently with FMLA/CFRA
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Leave, to the same extent that employees have the right to elect to use their accrued
paid leaves concurrently with FMLA/CFRA Leave.
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
a FMLA/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
family member 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 Covered Active Duty and the dates of the covered
servicemember’s active duty service. A copy of new active duty orders or similar
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documentation shall be provided to the employer if the need for leave because of a
qualifying exigency 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 by 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 a good faith, objective reason for doubting 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.
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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 a fitness-for-duty
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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.
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 family member.
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.
L. Other Leaves of Absence
1. Bereavement Leave
The City shall allow time off for Bereavement Leave in accordance with the appropriate
salary resolution or MOU.
2. Medical Emergency / 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 leave is needed.
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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 would otherwise be placed on unpaid leave status.
MECL requests must be submitted in writing and are subject to approval by Human
Resources.
c. Definitions
i. Medical Emergency / Catastrophic Illness or Injury – A serious illness or injury
affecting the employee or the employee's dependent family member that
results in, or is reasonably expected to result in, an extended or recurring need
for leave that is reasonably expected to substantially deplete the employee's
available paid leave.
ii. Medical Emergency/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 requires the employee’s care or
assistance as a result of the medical emergency / catastrophic illness or injury.
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 employee must experience a "Medical Emergency/Catastrophic Illness or
Injury" as defined above.
iii. The employee must provide medical certification satisfactory to Human
Resources supporting the existence of the qualifying illness or injury and the
anticipated duration, frequency, or pattern of the employee’s need for leave.
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iv. An employee may request approval and solicit donations before exhausting
available paid leave, but donated MECL hours may not be used until the
employee’s available paid leave has been exhausted.
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 administered in accordance with the procedures set forth
below.
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. MECL hours shall be integrated with the employee’s 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
Workers’ Compensation in an amount that would exceed the employee’s 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. MECL hours may be used continuously or intermittently when supported by
the approved medical certification and authorized by Human Resources.
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
supporting the existence of a qualifying Medical Emergency/Catastrophic
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Illness or Injury and indicating the anticipated duration, frequency, or
pattern of the employee’s need for leave, including whether the leave is
expected to be continuous or intermittent.
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) distribute notice of the request for
MECL donations. Advertising may be in the form of e-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 donation limits are not exceeded.
E. Donations will be provided to the recipient employee incrementally each
pay period. Human Resources shall administer donated leave in an
equitable manner, taking into account the order in which the donations
were received. Once approved, the donations shall be removed from the
donor’s General Leave bank. Such transfers are 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.
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a. Salary or Wages
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
City fiscal year.
Following the City's paid military leave entitlement, an employee may elect to use
available accrued leave or take unpaid military leave in accordance with applicable
law.
b. Supplemental Military Pay and Benefits
In addition to the Military Leave provided by state law as described above, a regular
employee who has been involuntarily called to Active Duty with the Armed Forces of
the United States of America and who has exhausted fully paid Military Leave shall be
entitled to Supplemental Military Pay for the period of absence on Active Duty in
excess of the period covered by fully paid Military Leave.
Supplemental Military Pay is defined as the difference between the employee's base
salary with the City and the employee's base salary with the military if the employee's
base salary with the City is greater than the employee's base salary with the military.
The City shall continue coverage in the City's group health insurance and
supplemental insurance policies to the same extent as the employee had immediately
prior to being called to Active Duty.
For purposes of this section, an employee is involuntarily called to Active Duty if the
employee is ordered to Active Duty without the employee's consent and without the
employee initiating the request to be provided with military orders.
The Director of Human Resources is authorized to establish administrative procedures
necessary to implement this section. Supplemental Military Pay and continued
insurance coverage shall not be provided until the employee requesting such benefits
complies with those procedures.
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c. 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.
Employees receiving Supplemental Military Pay and Benefits pursuant to subsection
b. above shall receive health insurance benefits in accordance with that subsection.
d. 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.
e. 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:
i. 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.
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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. Unless otherwise specified
in a MOU or salary resolution, the time spent on jury duty is not considered work time for
purposes of calculating overtime. Employees who have the option to call in for juror
status should exercise that option.
For employees who work the cover shift or graveyard shift and are assigned to physically
report to jury duty, the Department Head will evaluate whether or not the assigned jury
duty conflicts with the employee’s scheduled shift or negatively impacts the employee’s
ability to safely perform his/her job. If the Department Head concludes as such, the
Department Head will make temporary modifications to the employee’s schedule to
accommodate these concerns.
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.
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, domestic partner, grandparent, grandchild, sibling, or designated person. Such
leave may run concurrently with FMLA/CFRA Leave.
For purposes of this subsection, “designated person” means a person identified by the
employee at the time the employee requests KinCare Leave. The City may limit an
employee to one designated person per 12-month period.
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.
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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 Violence
In accordance with state law, an employee who is a victim of a qualifying act of violence,
or whose family member is a victim of a qualifying act of violence, is entitled to take leave
for purposes authorized by law, including to obtain relief or services related to the
violence, participate in legal proceedings, seek medical attention, obtain counseling,
relocate, or take other actions to ensure the health, safety, or welfare of the employee or
the employee's family member. The employee shall provide reasonable advance notice
when practicable. Leave under this section shall be administered in accordance with
applicable law. Employees may elect to use accrued paid leave as permitted by law.
8. Special Leaves with and without Pay
Special Leaves are leaves of absence that are granted in limited circumstances not
otherwise covered under other provisions of these Rules, an MOU or salary resolution, or
state or federal law.
a. 30 Days or Less
A Department Head may authorize a special leave of absence without pay for one or
more periods not to exceed thirty (30) calendar days in a calendar year, for any purpose
deemed by the Department Head not to be detrimental to the City.
b. Greater than 30 Days but Not More than 180 Days
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
one hundred and eighty (180) days in a calendar year for any purpose deemed by the
City Manager not to be detrimental to the City.
c. Greater than 180 Days
The City Council may, upon the recommendation of the City Manager, grant special
leaves of absence with or without pay in excess of one hundred and eighty (180) 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 separation.
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9. Time Off to Vote
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.
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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 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.
A voluntary demotion also includes an employee’s voluntary acceptance of appointment
to a lower classification through a competitive recruitment process.
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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 or
MOU.
In extreme and severe circumstances, where there is a safety risk to other employees or the
public, 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 and is eligible for
rehire, with satisfactory performance prior to separation, 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.
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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 only be discharged for cause and 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 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.
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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 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.
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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 may be 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 fourteen (14) calendar days of mailing of a letter sent via e-
mail regarding availability of employment.
d. Failure to report to work within fourteen (14) calendar days of mailing of a letter sent
via e-mail 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.
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:
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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, a part-time employee may not displace a
full-time employee. However, a full-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
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
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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 or would otherwise cause an undue
hardship to the City based on all of the facts and circumstances.
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 Duty 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 a City-
approved physician conduct the examination.
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.
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e. Case-by-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 Law (PERL), 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 (CalPERS).
2. Local Safety Retirement Plan
For a sworn police employee who is enrolled in the CalPERS 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 or its duly authorized designee.
The Director of Human Resources, or his/her designee, shall submit recommendations
regarding the employee’s disability retirement to the City Council or its duly authorized
designee for adoption and certification to the CalPERS board. Once adopted, all decisions
shall be final.
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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;
c. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of
a step or merit increase;
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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. If not resolved with the supervisor or if the grievance is against the immediate supervisor,
the employee may request a conference with the Department Head to resolve the matter.
3. If not satisfied with the outcome of the conference with the Department Head, within
thirty (30) days of the occurrence of the act(s) that gave rise to the grievance, the
employee must reduce the grievance to writing if he/she wishes to continue pursuing it.
The written grievance 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 authority to 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.
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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 Discipline
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, including improper use of City purchasing cards;
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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25. Any other misconduct not specifically covered by the above grounds for discipline.
C. Administrative Leave Pending Potential Disciplinary Action
A Department Head, with the approval of the Director of Human Resources, may place an
employee on an administrative leave with pay pending potential disciplinary action. In this
context, 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.
Paid Administrative Leave is provided to ensure an employee is not deprived of due process
rights pending the outcome of a potential disciplinary action. In this context, while on
Administrative Leave, an employee will continue to be compensated as if he/she were
actively at work and will remain available to respond to the City during their scheduled work
hours.
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 or appropriate and there are one or more 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. For employees covered by the Public
Safety Officers’ Procedural Bill of Rights Act, if the counseling memo may lead to future
discipline, it may be appealed as provided for by the law.
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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.
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. For employees covered by the Public Safety Officers’ Procedural Bill of Rights Act,
if the verbal reprimand is memorialized in writing and may lead to future discipline, it may
be appealed as provided for by the law.
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. Notwithstanding the above, peace officers are entitled to appeal a written
reprimand and shall be afforded any additional rights provided under the Public Safety
Officers Procedural Bill of Rights Act.
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 employee’s 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
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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 a lower-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.
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. Discharge is commonly referred to as
"termination."
E. Skelly Process
The Skelly process is a pre-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 with 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;
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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 Skelly 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 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 take one of the
following actions: (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.
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F. Evidentiary Appeal to the City Manager
1. Request for Appeal Hearing
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.
3. Date and Time of the Appeal Hearing
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 (or the designated Hearing Officer, if applicable) 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
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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 will have a record. At the discretion of the parties, the hearing
may be either transcribed 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 Hearing
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.
4. Conduct of the Hearing
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.
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h. All witnesses shall be sworn in for the record prior to testifying at the hearing.
5. Burden of Proof at the Hearing
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;
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.
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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 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 thirty (30) 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.
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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. Tuition Reimbursement
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 related expenses
for professional and/or technical courses subject to the conditions or limits prescribed in the
appropriate salary resolution or MOU.
C. Business Travel and Overnight Stay
Employees may be authorized to attend meetings, training programs, conferences, and
similar gatherings related to their duties or to the City’s operations, subject to approval by
the Department Head or designee.
Reasonable and actual lodging expenses may be authorized for travel outside Orange County,
subject to approval by the Department Head or designee. Lodging within Orange County may
also be authorized when justified by business necessity and approved by the City Manager or
designee.
The Director of Finance shall establish reimbursement procedures, documentation
requirements, and allowable expense amounts for authorized travel consistent with this
section.
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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. Employee Access to Personnel Files
a. Inspection of Personnel File
An employee or former 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. Copies
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 an assurance of confidentiality.
B. Additional Employee 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.
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C. Changes in Employee 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.
D. Eligibility for Rehire
As part of documenting an employee’s separation from City service, the City may designate
whether the employee is eligible for rehire. A designation of “not eligible for rehire” is an
administrative notation that the circumstances of separation warrant additional review if the
former employee later seeks City employment. The designation does not constitute an
absolute or permanent prohibition against future employment and does not limit the City’s
discretion to consider or reject a future application based on all relevant circumstances. The
Director of Human Resources may modify the designation based on the circumstances of the
separation and any other relevant information.
E. 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. Phone number.
3. Persons to contact in emergency.
4. Names of dependents.
5. Marriage or domestic partnership.
F. Destruction of Records
Employment and personnel records shall be retained and may be destroyed in accordance
with the City’s adopted records retention schedule and applicable law.
G. 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.
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2. Reference Checks and Employment Verification
Employers may be held liable for information, including phone conversations and letters
of recommendation, which are determined to misrepresent facts describing the
qualifications and character of a current or former employee. In an effort to minimize
liability risk to the City, all requests from outside the City for reference checks or
verification of employment concerning any current or former employee must first be
referred to the Director of Human Resources.
Information should 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 may provide reference information regarding the employee’s job
responsibilities, evaluations of the employee’s job performance, and job qualifications.
Other managers 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.
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SECTION 15. ADDITIONAL BENEFITS
A. Retirement
The City has contracted with the California Public Employees’ Retirement System (CalPERS)
in order to provide retirement benefits to employees and is subject to the benefits and
regulations as prescribed by CalPERS.
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 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 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 or salary resolution.
E. Other Benefits
Other additional benefits, if any, will be provided in accordance with the appropriate salary
resolution or MOU.
F. Part-Time Benefitted Employees
Part-time regular employees are eligible for benefits on a pro-rata share based upon position
allocation (e.g. ½ time or ¾ time). Benefits that are pro-rated include Flexible Benefits
contributions, General Leave, Holidays, Bereavement Leave, Life Insurance, Tuition
Reimbursement, and CalPERS retirement (pro-rated by CalPERS based on hours worked).
Employees temporarily working a part-time schedule after returning from a leave of absence
and not supplementing the remaining hours with paid leave are eligible for benefits on a pro-
rata share based upon regularly scheduled hours.
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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 the other
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. Employees are expected to promptly report suspected fraud, waste, abuse, or misuse of
City resources in accordance with the City's Policy Regarding the Reporting of Suspected
Fraud, as may be amended from time to time. Employees who make good-faith reports
under that policy are protected from retaliation in accordance with that policy and
applicable law.
5. 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:
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i. Dependability, promptness, reliable attendance, and performing required
duties competently.
ii. Keeping informed of developments and matters affecting job performance,
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
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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.
D. Outside Employment
For purposes of this section, “outside employment” includes employment for another
employer and any self-employment, consulting, contracting, sales, or business activity
undertaken for compensation or financial gain.
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.
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.
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E. Alcohol and Drug 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.
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.
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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
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 and shall not be permitted to drive themselves
from the workplace. The City shall arrange for appropriate transportation to a medical
facility or other appropriate destination, as circumstances warrant.
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
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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;
d. An accident involving City property;
e. Physical altercation;
f. Verbal altercation;
g. Behavior which is unusual for that employee and consistent with someone who is
impaired by drugs or alcohol, such as inability to express thoughts or making
nonsensical statements;
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. However, a refusal will be treated as a positive test for purposes
of this policy. 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
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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:
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 any time 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. Drug 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.
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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.
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
confirmatory test is “none detected”, the sample is discarded as specified above.
l. Positively confirmed samples are maintained in a locked freezer for one (1) year.
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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.
7. Results of Drug 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.
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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 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-Drug 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 expression, gender identity, genetic information, marital status, medical
condition, national origin, political affiliation (or political beliefs), pregnancy, race,
religion, sex, sexual orientation, 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.
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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,
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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.
iv. Visual forms of harassment, such as derogatory posters, notices, bulletins,
cartoons, drawings, sexually suggestive objects, or e-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 expression, gender identity, genetic information, marital status, medical
condition, national origin, political affiliation (or political beliefs), pregnancy, race,
religion, sex, sexual orientation, 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.
Employees who are in a romantic or sexual relationship where one employee has
supervisory authority over the other must disclose the relationship to the Department
Head. If the Department Head is involved in the relationship, disclosure must be made to
the City Manager. If the City Manager is involved in the relationship, disclosure must be
made to the City Attorney. The City may take appropriate steps to eliminate the
supervisory relationship or address any actual or perceived conflict of interest, which may
include the transfer of an employee.
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 should
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. Reporting the conduct allows
management to take appropriate corrective action to prevent repeated conduct.
Any supervisor, manager, or Department Head 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. Other
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employees are encouraged to report these types of concerns to the Human Resources
Department.
Upon receipt of a complaint that alleges a violation of the Harassment, Discrimination,
and Retaliation policy, 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 be taken.
Under the California Fair Employment and Housing Act (FEHA), employees may be held
personally liable for any acts of unlawful harassment.
7. Exceptions
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
1. General Guidelines
Employees are expected to maintain a neat, clean, safe, and professional appearance
appropriate for their assigned duties, work environment, and level of interaction with the
public. Employees are expected to exercise good judgment in selecting attire that reflects
positively on the City and supports a professional workplace. An employee’s appearance
must comply with all applicable City policies, including policies prohibiting harassment
and discrimination.
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2. Departmental Standards
Department Heads may establish reasonable dress, grooming, uniform, or appearance
standards for employees within their departments based on job duties, work
environments, operational needs, safety requirements, and applicable law.
3. Business Casual Attire
The City recognizes that appropriate business attire may vary depending on the nature of
an employee’s duties and work environment. Business casual attire is appropriate when
consistent with departmental expectations and professional standards.
Attire that is excessively casual, unclean, damaged, revealing, or otherwise inconsistent
with maintaining a professional workplace is not appropriate while on duty.
4. Safety and Identification
Employees shall comply with all departmental safety requirements regarding clothing,
footwear, protective equipment, and grooming. Employees required to wear uniforms or
identification shall do so while performing assigned duties unless otherwise authorized.
5. Compliance
Employees whose attire or grooming does not comply with this section may be directed
to change their attire or otherwise comply with established expectations. Repeated
failure to comply may result in corrective or disciplinary action.
H. Workplace Violence and Weapons
1. Purpose
The purpose of this policy is to (1) 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.
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3. Policy
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.
The City maintains a Workplace Violence Prevention Plan (WVPP) in accordance with
Labor Code section 6401.9. Employees are required to comply with the WVPP, which is
available on the City’s Intranet.
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. A non-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
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one-half (3½) inches or less, and kitchen knives used for legitimate culinary purposes,
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.
g. Repeated or persistent unwanted communications that serve no legitimate work-
related purpose 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.
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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.
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 by law 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-owned, leased, or provided information
technology, systems, equipment, accounts, networks, applications, communication
services, and electronic storage media, including computers, phones, email, voicemail,
servers, networks, internet access, and cloud-based systems. The information system
also includes all City data and all software applications or programs created or developed
by City employees in the course of their employment, 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.
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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 may be reviewed in the course of business by the City Manager, the
employee’s Department Head, Human Resources management staff, the Information
Technology Manager, or the employee’s supervisor without the consent of the sender
or recipient.
b. Information Security
Employees shall comply with all City information-security requirements concerning
passwords, multifactor authentication, access credentials, and other security
measures. Employees shall not share passwords or other access credentials and must
take reasonable measures to keep them secure.
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.
d. Return of Property
Upon separation 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 Devices and Equipment
Employees may not use personal devices or connect personally owned equipment to
City information systems without prior authorization. The City may require review or
approval by the Information Technology Division before such devices or equipment
are used for City business.
f. Artificial Intelligence
Employees may use artificial intelligence ("AI") tools for legitimate City business in
accordance with City policy and administrative procedures. Employees remain
responsible for exercising independent judgment and verifying the accuracy,
appropriateness, and completeness of AI-generated content.
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Employees shall not input confidential, legally protected, or other non-public City
information into publicly available AI tools except as permitted by City policy or
administrative procedures.
g. 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 (e.g., 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.
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 and Employee Privacy
Internet use is subject to the provisions of Section 16.I (Information System), including
the City's rights concerning monitoring, access, review, disclosure, and employee
privacy expectations.
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 e-mail, rather than using a personal e-mail account. Electronic
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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
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
California 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 e-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.
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b. Illegal, fraudulent or malicious activity.
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 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 expression, gender identity, genetic
information, marital status, medical condition, national origin, political affiliation
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(or political beliefs), pregnancy, race, religion, sex, sexual orientation, veteran
status, or any other classification protected by law, whether actual or perceived.
vi. Creating, sending, receiving or retaining lewd, obscene or sexually-oriented
messages or images or defamatory comments.
5. Social Media
a. Business Use
Communicating with the citizens of Tustin and the public is a priority for the City.
The use of social media provides an effective and efficient way to reach out to a
diverse audience and is a reasonable business use of communicating information.
The City Manager will designate an individual (or individuals) to be responsible for
creating, maintaining, updating, and monitoring social media resources on behalf
of the City.
The City Manager may authorize access to social media websites for designated
employees for business use only.
b. Personal Use
Employees are responsible for their personal use of social media. Employees
should not speak on behalf of the City or represent themselves as speaking on
behalf of the City when using their personal social media accounts. Personal social
media activity may be subject to appropriate action when there is a sufficient
connection between the activity and the employee’s City employment and the
activity adversely affects legitimate City interests or operations. Nothing in this
section is intended to restrict constitutionally or otherwise legally protected
activity.
6. Violations and Enforcement
The City may monitor or review Internet use in accordance with Section 16.I (Information
System).
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.
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K. Phones
1. General Use
City-issued telephones and cell phones are provided for City business. Limited personal
use is permitted provided it does not interfere with the employee’s work, result in
additional cost to the City, or violate any City policy. Use of phones is subject to Section
16.I (Information System), including the provisions concerning privacy and use of City
equipment.
2. City-Issued Cell Phones and Cell Phone Stipends
The City may provide an employee with a City-issued cell phone when authorized based
on a business need. Employees may also be eligible for a cell phone stipend in accordance
with the applicable memorandum of understanding or salary resolution. The City may
establish administrative procedures governing the authorization and use of City-issued
cell phones and cell phone stipends.
3. Employee Responsibilities
Employees are responsible for appropriately safeguarding City-issued phones and shall
immediately notify their Department Head if a City-issued phone is damaged, lost, or
stolen. An employee may be held responsible for repair or replacement costs when
damage, loss, or theft results from the employee’s negligence, carelessness, or
recklessness.
City-issued phones remain the property of the City and must be returned upon request,
revocation of authorization, or separation from City service.
4. Off-Duty Work
Non-exempt employees must obtain advance supervisory approval before using a cell
phone to perform City work outside their scheduled work hours and must accurately
report all time worked.
5. Phone Use While Driving
Employees who drive a City vehicle or personal vehicle on City business must comply with
all applicable laws relating to distracted driving, including California’s hands-free driving
and no texting laws. Employees may use a handheld wireless telephone or other
electronic wireless communications device only as permitted by law. Employees may use
lawfully permitted hands-free features, including manufacturer-installed vehicle systems
and voice-operated or hands-free devices, provided such use does not interfere with the
safe operation of the vehicle. Employees shall not write, send, or read text-based
communications while driving or engage in any other activity that distracts from the safe
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operation of the vehicle. Failure to comply with this policy may result in disciplinary
action.
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SECTION 17. EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS
A. Purpose
The purpose of this section is to implement Government Code Sections 3500 et 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 Recognition 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.
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.
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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 expression, gender identity, genetic
information, marital status, medical condition, national origin, political affiliation (or political
beliefs), pregnancy, race, religion, sex, sexual orientation, veteran status, or any other
category protected by law.
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 petitioning employee
organization and, if such determination thereafter remains unchanged, shall inform that
organization of the reasons therefore in writing.
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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.
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K. Election Procedure
If the conditions set forth in Section 17.J (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, a run-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 a run-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:
1. Similarity of the general kinds of work performed, types of qualifications required, and
the general working conditions.
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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.
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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.
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.
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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
If the parties agree to participate in mediation, 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. Factfinding
An employee association may request that the parties' differences be submitted to a
factfinding panel not sooner than 30 days, but not more than 45 days, following the
appointment or selection of a mediator pursuant to the parties' agreement to mediate.
If the dispute was not submitted to mediation, an employee association may request
that the parties' differences be submitted to a factfinding panel not later than 30 days
following the date that either party provided the other with a written notice of a
declaration of impasse. The factfinding process, including all of its requirements, are
governed by California Government Code section 3505.4.
If the impasse is not resolved at factfinding and the factfinding panel issues findings of
fact and recommended terms of a settlement, that document shall be publicly
available within ten (10) days of their receipt by the City. The City Council will then
hold a hearing and will issue a final decision on the impasse.
3. Initiation of Impasse Procedure
Any party may initiate the impasse procedure by filing with the other party affected a
written declaration of impasse and a 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 determine
whether the parties wish to voluntarily participate in mediation.
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4. Fees and Expenses
The fees and expenses, if any, of mediators shall be payable one-half (1/2) by the City and
one-half (1/2) by the employee organization(s) involved. As for factfinding, the costs will
be paid in accordance with the law.
5. City Council Action
In accordance with the law, 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 Understanding
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).
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INDEX
A
absences · See attendance
acting appointment · See
appointment, acting
acting pay · 6, 14
Administrative Leave · 6
Disciplinary · 74
exempt · 6
admonishment · See reprimand
advancement · 6, See also salary,
merit increases
age · See protected status
alcohol and drug abuse · 90–96
DOT Program · 96
employee responsibilities · 93
management responsibilities
and guidelines · 91–93
pre-employment physicals · 95
testing for cause during
employment · 95
Americans with Disabilities Act
(ADA) · 67
applicants · 6, 23–25
application of Personnel Rules · See
Personnel Rules, application of
appointing authority · 6
appointment · 7
acting · 6, 14
contract · 26
emergency · 8, 26
full-time (permanent) · 25
original · 9
part-time (permanent) · 25
project · 25
provisional · 10, 25
temporary · 26
types · 25–26
artificial intelligence · 104
attendance · 30
at-will status · 7
categories · 72
separation from service · 63
B
background checks · See pre-
employment review
bereavement leave · 52
business travel and overnight stay ·
82
C
cell phone policy · See phones
City Council
appointing authority · 7
Classification Plan, amendment
of · 13
Compensation Plan, amendment
of · 16
industrial disability retirement,
determination of · 68
memorandum of understanding,
adoption of · 119
Personnel Rules, application of ·
3
Personnel Rules, revision of · 3
relatives, employment of · 4
rules and regulations, adoption
of · 119
special leaves of absence,
authorization of · 59
unit determination appeals ·
114, 116, 117
City Manager
appointing authority · 6
appointment to vacancies · 25
appropriate unit designation ·
115
disciplinary appeals · 78–81
emergency cash-out of accrued
leave, authorization of · 21
employee organization
recognition · 112
grievances · 71
involuntary transfers · 61
layoffs · 63–64
leaves of absence, approval of ·
35
Personnel Officer · 2
Personnel Rules, application of ·
3
principal representative · 117
probationary period,
establishment of longer · 28
reclassification, approval of · 13
reinstatement, approval of · 62
relatives, employment of · 4
special leaves of absence,
authorization of · 59
special salary adjustments,
approval of · 18
unit determination appeals · 117
unit modification · 116
use of General Leave at
separation, approval of · 36
class authorization and
reimbursement · See textbook
and tuition reimbursement
class specifications · 7, 13
changes · 15
use of · 14
Classification Plan · 13–15
classification titles · 14
Code of Ethics · 87–88
compensation
additional · 20
types · See specific types
Compensation Plan · 7, 16, 17
Compensatory Time Off · 7, 20
conflict of interest code · 88
conflicting rules · 5
consultants · See contractors
continuous recruitment · See
recruitment, continuous
continuous service · 7
continuous service requirements ·
34
contract appointment · See
appointment, contract
contract employees · See
employees, contract
contractors · 3, 87
counseling · 74
D
definitions · 6
Family Care and Medical Leave
(FMLA/CFRA Leave) · 43
harassment, discrimination and
retaliation · 97
layoffs · 63
Medical Emergency /
Catastrophic Leave · 53
demotion · 8, 61, 76
involuntary · 61
salary · 19
voluntary · 61
disability
employee status changes · 67
fitness for duty examination · 67
interactive process · 67
leaves · 37–42
reasonable accommodations ·
67–68
discharge · 8, 63, 76
Disciplinary Administrative Leave ·
See Administrative Leave,
Disciplinary
discipline · 72–81
appeals · 78
causes · 72–74
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policy coverage · 72
Skelly process · 76–77
types · 74–76
discrimination · See harassment,
discrimination and retaliation
dismissal · See discharge
dress code · 99–100
drug abuse · See alcohol and drug
abuse
E
elected officials · See also City
Council, See officials
eligibility for rehire · 84
eligible lists · 8
abolishment · 25
open employment list · 8, 24
promotional employment list · 8
re-employment list · 8, 25, 65
removal of names · 25
eligibles · 8, 25
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 · 35, 37
employees
contract · 7, 72
emergency · 4, 26, 37, 72
exempt · 8, 20, 75, 76
merit system · 1, 3
non-exempt · 8, 20
part-time benefitted · 18, 38
part-time non-benefitted · 4, 72
probationary · 28–29, 28, 72
project · 4, 7, 10, 25, 26, 35, 37
temporary · 4, 26, 72, 87
employer-employee organization
relations · 109–19
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 · 23
equal employment opportunity · 2
ethics · See Code of Ethics
examinations · 8, 23
open competitive · 8, 23
promotional · 8, 23
scores · 24
exceptions to Personnel Rules · See
Personnel Rules, application of
exempt employees · See
employees, exempt
F
Fair Employment and Housing Act
(FEHA) · 67
Family Care and Medical Leave
(FMLA/CFRA Leave) · 43–52
amount · 47
certification · 49–50
concurrent use of leave · 48–49
definitions · 43
eligibility · 47
Flexible Benefits during leave ·
48
reasons for leave · 46
serious health condition · 44
Family Sick Leave (KinCare Leave) ·
58
fitness for duty examination · See
disability, fitness for duty
examination
Flexible Benefits Plan · 86
G
gender · See protected status
General Leave · 35–36
accrual · 36
accrual rates · 35
approval · 35
at time of separation · 36
cash-out · 36
maximum accumulation · 35
gifts and gratuities · 88
grievances · 69–71
definition · 69
eligibility · 69
exclusions · 69
procedure · 70
H
harassment, discrimination and
retaliation · 96–99
definitions · 97
protected classifications · 98
reporting procedure · 98
retaliation · 99
romantic and/or sexual
relationships between
supervisors and subordinates
· 98
holidays · 37
within a General Leave period ·
35
I
impasse · 117–19
industrial disability leave · See
workers' compensation leave
information system · 103–5
personal devices and equipment
· 104
privacy · 104
interactive process · See disability,
interactive process
internet use · 105–8
acceptable use · 105–6
City rights · 105
unacceptable use · 106–8
J
job abandonment · 30
job announcements · See
employment opportunities
job applicants · See applicants
job applications · 23
job descriptions · See class
specifications
job offers · 26
job sharing · 8
job titles · See classification titles
jury duty leave · 58
K
KinCare Leave · See Family Sick
Leave (KinCare Leave)
L
layoffs · 63–66
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leave
approval · 35
bereavement · See bereavement
leave
child's school or child care
activities · 58
continuous service
requirements · 34
emergency cash-out · 21
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 · 36
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 · 59
time off to vote · 60
victims of violence · 59
workers’ compensation leave ·
See workers’ compensation
leave
life insurance · 86
Long-Term Disability Leave · See
Short-Term / Long-Term
Disability Leave
M
Medical Emergency / Catastrophic
Leave · 52–55
meet and confer process · 111
City’s principal representative ·
117
class specifications · 15
Compensation Plan · 16
exclusions from the grievance
procedure · 69
impasse · 117
special salary adjustments · 19
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 · 55–57
supplemental military pay and
benefits · 56
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
O
officials · 3, 87
open competitive examination · See
examinations, open competitive
open competitive recruitment · See
recruitment, open competitive
original appointment · See
appointment, original
out-of-class · 14
outside employment · 89
overtime · 9, 20
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 · 104
permanent positions · 9, 14
personnel files · See personnel
records, personnel files
Personnel Officer · 2
personnel records · 83–85
personnel files · 83
release of information · 84
Personnel Rules
application of · 3
purpose · 1
revision of · 3
violations · 2
phones · 109
physical examinations
physical agility tests · 23
pre-employment · 26
political activity · 88–89
pre-employment review · 26
probation · See probationary period
probationary employees · See
employees, probationary
probationary period · 9, 28–29
demotion · 19
extension · 28, 29
objective · 28
original · 9
Police Communications Officer I
· 28
Police Officer · 28
promotional · 9, 28, 29
reinstatement · 62
rejection of employees · 10, 29
probationary status · 9
project appointment · See
appointment, project
project employees · See employees,
project
promotion · 2, 10, 61, See also
probationary period,
promotional
salary · 19
promotional examination · See
examinations, promotional
promotional probationary period ·
See probationary period,
promotional
protected classifications · See
protected status
protected status · 2, 96, 97, 108,
113
provisional appointment · See
appointment, provisional
R
race · See protected status
reasonable accommodations · See
disability, reasonable
accommodations
reclassification · 13, 14, 19
recruitment · 23, 25
continuous · 25
open competitive · 23
reduction in salary · See salary,
reduction
re-employment list · See eligible
lists, re-employment list
regular status · 10
rehire · See eligibility for rehire
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reinstatement · 10
Family Care and Medical Leave
(FMLA/CFRA Leave) · 51
Military Leave · 57
Pregnancy Disability Leave · 41
resignation · 62
rejection of probationary
employees · See probationary
period, rejection of employees
relatives
employment of · 4, 10
religion · See protected status
reprimand · 10, 75
reserve police officers · 10
resignation · 11, 66
retiree medical insurance · 86
retirement
benefits · 86
disability · 68
service · 68
romantic relationships · See
harassment, discrimination and
retaliation; romantic and/or
sexual relationships between
supervisors and subordinates
S
salary
demotion · 19
merit increases · 18, 34
new employees · 17
promotion · 19
range · 11, 16
reduction · 62
review date · 11, 17, 19, 20
steps · 11, 16, 18, 19
temporary employees · 18
transfer · 20
y-rating · 12, 19
salary range · 18
separation · 63, 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 · 42
Skelly process · See discipline, Skelly
process
standards of conduct · 87–108
step increases · See salary, merit
increases
suspension · 11, 62, 75
T
telecommuting · 31
temporary assignment · See
appointment, temporary
temporary employees · See
employees, temporary
termination · 11, See also discharge
tests · See examinations
textbook and tuition
reimbursement · 82
training · 82
transfer · 11, 61
involuntary · 61
salary · 20
voluntary · 61
V
veterans’ preference · 27
violence · See workplace violence
and weapons
volunteers · 3, 87
W
work schedules · 30
workers' compensation leave · 37–
40
Early Return to Work / Modified
Duty Program · 39
probationary non-sworn
employees and part-time
benefitted employees · 38
salary continuation benefits · 39
sworn public safety employees ·
38
workers’ compensation leave
full-time regular non-sworn
employees · 38
salary continuation benefits · 38
workplace violence and weapons ·
100–103
prohibited conduct · 101–2
reporting procedures · 102
risk reduction measures · 102
Y
y-rating · See salary, y-rating
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