2015-05 p.
RESOLUTION NO.2015-05 _
A RESOLUTION ,OF THE CITY-.:COUNCIL OF THE ,CITY. r
OF GRAND :TERRACE- -ADOPTING PERSONNEL`-RL`LES; � -
REGULATIONS..; AND:..: POLICIES: AND RESC1ING:.
RESOLUTION NO.2014-070.: _
.......
-WHEREAS, the:City Council.is authorized and;directed under. the.provisions-of Chapter--. ..
. 2.24 of: :the Grand Terrace Municipal Code::to adopt..: :pro
visions: for -compensation:of
personnel created in said Municipal Code:Chapter;:and,
WHEREAS:, -the objectives of:these rules.:are to facilitate efficient and economical
services to the public and to provide for an e uitable s y stem of ersonnel mane emeni and
q. Y p .. g ,
WHEREAS, at.:.the same..time, within the .limits of. administrative Feasibility,
considerable latitude..shall he .given to. the. City Manager in.-the interpretation and application
of these:rules so'that they are applied equitably; and,
....... ....... ....... .......
WHEREAS:,:,from time to time-:these rules must :be revised.due to changes in:the
est practices:lrt personnel 'management, and federal and state law:
NOW,: THEREFORE, THE.: CITY' COUNCIL OF THE CITY OF : GRAND:
..TERRACE.DOES.HEREBY.RESOLVE,..DETERMINE-'AND..ORDER.AS:-FOLLOWS: ......
... Section 1::::Resolution:..No. 201:4.-070, which includes the ::City of :Grand Terrace
Personnel,Rules and,:Regulations,: is hereby:rescinded.:
Section; 2; The.Personnel::Rules and;:Regulations,: attached hereto::as. Exhibit A, are.
hereby:adopted:
Section 3::All'City rules, policies or regulations that contradict any provision -of. the
---Personnel:Rules and.Regulations are hereby rescinded.
PASSED,-.APPROVED AND.ADOPTED by the City Council of Grand Terrace at a
regular.meeting held on;the.14th day of April; 2015 by the.following;vote:
.... . ..... ...... ..... .......
AYES: Council,Members. Mitchell Wilson Husse,-- .. ,-_.. y, _Mayor Pro Tem Robles;
Mayor McNaboe
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NOES: None
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ABSENT: None
ABSTAIN: None
RESOLUTION NO. 201:5-05 PAGE:l OF 73 APRIL:14, 201.
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_
Fat Jai: e Dare N oe
City.Cleric '
APPROVED AS TO FORM:
'chard L..Adams II:
City Attorney
I,PAT JACQUEZ-NARES CITY CLERK of the Ci of Grand Terrace, do hereby certifythat
tY Y ...
the foregoing Resolution was introduced and adopted at a regular meeting of the City Council
. ..._. .....
..
held on the:14th day:of Ap .....
l,2015 by the:following vote::
YES: Council Members Mitchell, Wilson, Hussey, Mayor Pro Tem Robles, Mayor
McNaboe..
- NOES: None.
_. .... ... ...
:ABSENT. None
ABSTAIN: None . .. .
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RESOLUTION:NO. 2015-05 PAGE 2 OF 73 APRIL 14, 2OLT
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RESOLUTION NO.2015-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE ADOPTING PERSONNEL RULES,
REGULATIONS AND POLICIES AND RESCINDING
RESOLUTION NO. 2014-070.
WHEREAS, the City Council is authorized and directed under the provisions of Chapter
2.24 of the Grand Terrace Municipal Code to adopt provisions for compensation of
personnel created in said Municipal Code Chapter; and,
WHEREAS, the objectives of these rules are to facilitate efficient and economical
services to the public and to provide for an equitable system of personnel management; and,
WHEREAS, 'at the same time, within the limits of administrative feasibility,
considerable latitude shall be given to the City Manager in the interpretation and application
of these rules so that they are applied equitably; and,
WHEREAS, from time to time these rules must be revised due to changes in the
best practices in personnel management, and federal and state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Resolution No. 2014-070, which includes the City of Grand Terrace
Personnel Rules and Regulations, is hereby rescinded.
Section 2: The Personnel Rules and Regulations, attached hereto as Exhibit A, are
hereby adopted.
Section 3: All City rules, policies or regulations that contradict any provision of the
Personnel Rules and Regulations are hereby rescinded.
PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a
regular meeting held on the 14th day of April, 2015 by the following vote:
AYES: Council Members Mitchell, Wilson, Hussey, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2015-05 PAGE 1 OF 73 APRIL 14, 2015
04
:.: ATTEST:
Pat Jap e Darc N oe
Cty.Cler ,
APPROVED AS.TO-FORM:
chard L. Adams,II
City Attorney
I;:PAT JACQUEZ-NARES CITY CLERK of the City.of:
:Grand Terrace, do liereby certify that
the foregoing Resolution was introduced and adopted at a regular meeting of the City Council: .
held on,thel4th day of April,2015 by the following vote:
YES: Council Members Mitchell, Wilson;; Hussey, Mayor Pro :Tem Robles, Mayor
McNaboe
NOES: None
ABSENT:: None. . .. ... .
ABSTAIN: . None
l
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RESOLUTION NO. 2015-05 PAGE 2 OF 73. APRIL_14, 2015
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d.
EXHIBIT A
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CITY OF_ GRAND- TERRACE . .
Pe'rsonhel Rides and Reg' 'ulations
Adopted by Resolution 2015-05;April 14,.2015
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RESOLUTION NO. 2015-OS PAGE 3 OF 73 APRIL,14, 2015
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TABLE OF CONTENTS
SECTION 1. INTRODUCTION
1.1 Purpose......................................................................................................................................1
1.2 Applicability of Rules...............................................................................................................1
1.3 Equal Employment Opportunity...............................................................................................1
SECTION 2. DEFINITIONS
2.1 Active Service..........................................................................................................................2
2.2 Advancement...........................................................................................................................2
2.3 Applicant..................................................................................................................................2
2.4 Appointing Authority...............................................................................................................2
2.5 Appointment
2.6 At-Will Employee....................................................................................................................2
2.7 Certification.............................................................................................................................2
2.8 Child Care Employee...............................................................................................................2 =
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2.9 Class or Classification..............................................................................................................2
2.10 Classification Plan...................................................................................................................2
2.11 Classified Service....................................................................................................................2
2.12 Compensation.........................................................................................................................2
2.13 Compensation Plan................................................................................................................2
2.14 Compensatory Time Off(CTO).............................................................................................3
2.15 Continuous Service.................................................................................................................3
2.16 Deferred Compensation.........................................................................................................3
2.17 Department ............................................................................................................................3
2.18 Department Head ..................................................................................................................3
2.19 Direct Appointment
2.20 Domestic Partner....................................................................................................................3
2.21 Eligibility List .......................................................................................................................3
2.22 Employee ..............................................................................................................................3
2.23 Exempt Employees ...............................................................................................................3
2.24 Fringe Benefit(s) ...................................................................................................................3
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RESOLUTION NO. 2015-05 PAGE 4 OF 73 APRIL 14, 2015
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2.25 Full-time Employee
2.26 Furlough ................................................................................................................................3
2.27 Interim Appointment .............................................................................................................3
2.28 Intermittent Service................................................................................................................4
2.29 Layoff....................................................................................................................................4
2.30 Leave .....................................................................................................................................4
2.31 Length of Service ..................................................................................................................4
2.32 Non-exempt Employee .........................................................................................................4
2.33 On-Call Employee ................................................................................................................4
2.34 Part-time Employee ..............................................................................................................4
2.35 Pay Rate ................................................................................................................................4
2.36 Personnel Officer ..................................................................................................................4
2.37 Position .................................................................................................................................4
2.38 Probationary Employee .........................................................................................................4
2.39 Promotion ..............................................................................................................................4
2.40 Regular Rate of Pay ..............................................................................................................4
2.41 Regular Employee 4
2.42 Probationary Release ............................................................................................................4
2.43 Seasonal Employee ...............................................................................................................5
2.44 Skelly Officer.........................................................................................................................5
2.45 Spouse.....................................................................................................................................5
2.46 Suspension ............................................................................................................................5
2.47 Temporary Appointment .......................................................................................................5
2.48 Termination ...........................................................................................................................5
2.49 Transfer .................................................................................................................................5
2.50 Work Day ..............................................................................................................................5
SECTION 3. CLASSIFICATION PLAN
3.1 Classification Plan ..................................................................................................................6
3.2 Reclassification ...........................:...........................................................................................6
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RESOLUTION NO. 2015-05 PAGE 5 OF 73 APRIL 14, 2015
SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS
4.1 Job Announcement ........................................................:.........................................................7
4.2 Application Forms ..................................................................................................................7
4.3 Disqualification of Applications .............................................................................................7
4.4 Supplemental Information to Applications .............................................................................8
4.5 Examinations............................................................................................................................8
4.6 Eligibility Lists ........................................................................................................................9
4.7 Appointments ..........................................................................................................................9
4.8 Direct Appointments .............................................................................................................10
4.9 Probationary Employment ....................................................................................................10
4.10 Employment of Relatives ....................................................................................................11
SECTION 5. COMPENSATION
5.1 Compensation Schedule.........................................................................................................13
5.2 Pay Ranges..............................................................................................................................13
5.3 Application of Compensation Schedule.................................................................................13 �1
5.4 Recognition Award................................................................................................................14
5.5 "Y"Rate................................................:...............................................................................14
5.6 Out of Class Pay......................................................................................................................14
5.7 On-Call Pay............................................................................................................................14
5.8 Cost of Living Adjustment.....................................................................................................15
5.9 Salary Schedule Adjustments ................................................................................................15
5.10 Council Approval Required..................................................................................................15
SECION 6. HEALTH AND RETIREMENT BENEFITS ......................................................16
SECTION 7. ATTENDANCE AND HOURS OF WORK
7.1 Hours of Work .........................................:............................................................................17
7.2 Notification of Late Arrival or Absence ...............................................................................17
7.3 Meal Period ................................................................:..........................................................17
7.4 Rest Period ............................................................................................................................17
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RESOLUTION NO. 2015-05 PAGE 6 OF 73 APRIL 14,2015
SECTION 8. OVERTIME
8.1 Work Week
8.2 Regular Rate of Pay ..............................................................................................................18
8.3 Overtime ...............................................................................................................................18
8.4 Prior Approval ......................................................................................................................18
8.5 Compensatory Time Off .......................................................................................................18
8.6 Employee Cash Out...............................................................................................................18
SECTION 9. PERFORMANCE EVALUATION
9.1 Performance Evaluations for Probationary Employees ........................................................19
9.2 Performance Evaluations for Regular Employees ................................................................19
9.3 Special Evaluations ...............................................................................................................19
9.4 Authority ...............................................................................................................................19
9.5 Performance Evaluation Meeting .........................................................................................19
9.6 No Appeal Right ...................................................................................................................19
SECTION 10. VACATION LEAVE AND HOLIDAYS
10.1 Scheduling of Vacation Leave.............................................................................................20
10.2 Unused Vacation Leave Upon Separation...........................................................................20
10.3 Effect of Holiday on Vacation Leave..................................................................................20
10.4 Floating Holidays.................................................................................................................20
10.5 Holiday Pay..........................................................................................................................20
SECTION 11. SICK LEAVE
11.1 Definition of Sick Leave .....................................................................................................21
11.2 Sick Leave Use ...................................................................................................................21
11.3 Abuse of Sick Leave ...........................................................................................................22
11.4 Excessive Use of Sick Leave ..............................................................................................22
11.5 Return to Work from Sick Leave ........................................................................................22
SECTION 12. OTHER LEAVES
12.1 Work Related Court Appearances 23
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RESOLUTION NO. 2015-05 PAGE 7 OF 73 APRIL 14, 2015
12.2 Other Court Appearances.....................................................................................................23
12.3 Jury Duty Leave...................................................................................................................23
12.4 Military Leave......................................................................................................................23
12.5 Paid Administrative Leave ..................................................................................................23
12.6 Leave of Absence Without Pay............................................................................................24
SECTION 13. FAMILY AND MEDICAL CARE LEAVE ...................................................25
SECTION 14. PREGNANCY DISABILITY LEAVE ............................................................26
SECTION 15. RESIGNATION,LAYOFFS AND FURLOUGHS
15.1 Types of Separation ............................................................................................................27
15.2 Resignation .........................................................................................................................27
15.3 Job Abandonment ...............................................................................................................27
15.4 Layoff..................................................................................................................................27
15.5 Furloughs ............................................................................................................................27
SECTION 16. DISCIPLINE POLICY AND PROCEDURES
16.1 Causes for Discipline ..........................................................................................................28
16.2 Types of Discipline .............................................................................................................29
16.3 Discipline Procedures .........................................................................................................30
SECTION 17. GRIEVANCE PROCEDURE
17.2 Step I: Informal Resolution with Supervisor ......................................................................35
17.3 Step II: Department Head ...................................................................................................35
17.4 Step III: Personnel Officer ..................................................................................................35
17.5 Time Limits .........................................................................................................................35
SECTION 18. PERSONNEL FILE
18.2 Notification of Changes in Personal Information ...............................................................36
18.3 Medical Information............................................................................................................36
18.4 References and Release of Information in Personnel Files 37
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RESOLUTION NO. 2015-05 PAGE 8 OF 73 APRIL 14, 2015
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18.5 Employee Access to Personnel File.....................................................................................
SECTION 19. OUTSIDE EMPLOYMENT
19.2 Authorization.................................................................................................................:.....3 8
19.3 Determination of Inconsistent Activities.............................................................................38
19.4 Revocation ..........................................................................................................................39
19.5 Appeal.........................................................................................................6........................39
19.6 Use of City Equipment Prohibited ......................................................................................39
19.7 Violations and Penalties ......................................................................................................39
SECTION 20. DISCRIMINATION,HARASSMENT AND RETALIATION POLICY
20.7 Definitions ............................................................................................................................40
20.8 Complaint Procedure ..........................................................................................................42
20.9 Confidentiality ....................................................................................................................43
20.10 Responsibilities...................................................................................................................44
20.11 Dissemination of Policy .....................................................................................................45
SECTION 21. POLITICAL ACTIVITY POLICY..................................................................46
SECTION 22. DRUG AND ALCOHOL POLICY..................................................................48
22.7 Scope of Policy ...................................................................................................................48
22.8 Searches ..............................................................................................................................48
22.9 Drug and Alcohol Testing ...................................................................................................48
22.10 Employee's Responsibilities...............................................................................................49
22.11 Management Responsibilities ............................................................................................50
22.12 Drug-Free Awareness Program ..........................................................................................50
SECTION 23. USE OF CITY PROPERTY AND EQUIPMENT POLICY
23.4 Use of City Vehicles ...........................................................................................................51
23.5 Use of Privately Owned Vehicles........................................................................................52
23.6 Vehicle Operation Guidelines..............................................................................................53
23.7 Drivers License 54
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RESOLUTION NO. 2015-05 PAGE 9 OF 73 APRIL 14, 2015
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SECTION 24: ELECTRONIC EQUIPMENT USE POLICY................................................55
24.4 Communication Through Other Systems or Networks........................................................56
24.5 Misuse..................................................................................................................................56
24.6 ' Consequences of Misuse......................................................................................................57
24.7 Access to Remote Email......................................................................................................57
24.8 City Email ...........................................................................................................................57
24.9 Cell Phone Use ....................................................................................................................57
24.10 Minimal Personal Use of Communications Equipment Permitted ...................................58
SECTION 25. SOCIAL MEDIA USE POLICY
25.3 Employee Use of Social Media ...........................................................................................59
SECTION 26. VIOLENCE IN THE WORKPLACE POLICY
26.2 Prohibited Behavior ............................................................................................................60
26.3 Weapons...............................................................................................................................60
26.4 Workplace Violence ............................................................................................................60
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26.5 Incident Reporting Procedures ...........................................................................................60
26.6 Investigation ........................................................................................................................61
26.7 Management Responsibility................................................................................................61
26.8 Follow-Up Disciplinary Procedures ...................................................................................61
SECTION 27. OTHER EMPLOYEE CONDUCT POLICIES
27.1 Dress Code Policy ...............................................................................................................62
27.2 Tattoo Policy .......................................................................................................................62
27.3 Piercing Policy .....................................................:...............................................................62
27.4 Smoking Policy ...................................................................................................................63
APPENDIX A — LIST OF.AT-WILL EMPLOYEES — Moved to City of Grand Terrace
Municipal Code, Section 2.24.020
APPENDIX B—COMPENSATION,BENEFITS AND LEAVE BUY-BACK
APPENDIX C—FURLOUGH PROVISIONS—Moved to Appendix B
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RESOLUTION NO. 2015-05 PAGE 10 OF 73 APRIL 14, 2015
SECTION 1. INTRODUCTION
1.1 Purpose — These personnel rules and regulations of the City of Grand
Terrace ("City") are adopted to ensure complete understanding of personnel policies by the
City's employees, to develop fairness of application throughout the City's several departments,
and to serve as guidelines for the administration of Personnel matters. The City reserves the
right to change or modify the terms and conditions set forth at its discretion and without prior
notice to employees. These rules do not constitute a contract of employment. Nor shall these
rules be interpreted to create a property interest in employment with the City.
1.2 Applicability of Rules —Unless otherwise specified in the rules, these rules
shall apply to all individuals employed by or volunteering for the City.
1.3 Equal Employment Opportunity — The City affords equal employment
opportunity for all qualified employees and applicants as to all terms of employment, including
compensation, hiring, training, promotion, transfer, discipline and termination. The City
prohibits discrimination against employees or applicants for employment on the basis of race,
color, religion, sex, gender, gender expression, gender identity, national origin, ancestry,
citizenship, age, marital status, physical or mental disability, medical condition, genetic
information, sexual orientation, veteran status or any other basis protected by law. Employees
who ,believe they have experienced any form of employment discrimination are encouraged to
report this immediately-using the complaint procedure set forth in the Discrimination,
� Harassment and Retaliation Policy set forth herein.
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RESOLUTION NO. 2015-05 PAGE 11 OF 73 APRIL 14, 2015
SECTION 2. :DEFINITIONS
2.1 Active Service— shall mean actual time worked, holidays with pay, leaves
of absence with pay, leaves of absence without pay not to exceed 14 calendar days, and leaves of
absence without pay not to exceed one year for which Worker's Compensation is paid: It:shall
......
also include Saturdays and:Sundays or other regular days off which are immediately preceded or
immediately followed by other time worked.
2.2... Advancement—:shall mean a salary—increase.within a range of compensation:
provided for each position, which'is conditioned upon a given minimum term of meritorious
service in the same position and which is made without examination.
2.3 Applicant shall mean a person who has made application-to take a-City
examination.
2.4 Appointing;Authority shall mean the City Manager.
2.5 Appointment - shall mean the.offer to, and acceptance by, a person of a
position either on a regular or.ternporary.basis.
2.6 At-Will Employee.- shall mean an employee who: serves at the pleasure of
the City.; An at-will employee may be.removed at any time without cause or right to appeal. An ., .
employee who moves into an at-.will position from:regular status shall be an at-will:employee.
The;list of all current at=will positions shall be referenced in Appendix A to the;rules. All
probationary employees are at-will employees..
2.7 Certification — shall mean endorsement as meeting required minimum
standards for a vacant position.
-2. Child Care Employee—shall mean.an employee of the Child Care Center of
the.City.
2.9 Class: or Classification _ shall mean a group of positions, with such
similarity in respect:to their duties and:responsibilities that similar requirements as to education,
experience, knowledge, and ability should be demanded of incumbents, that similar tests of
fitness maybe used to choose qualified employees, and that the same schedule of compensation
may apply with equity under substantially the same employment conditions.
2.10: : Classification Plan—shall:mean the:official or approved:system'of grouping
positions into appropriate classes.
.2.11 ... .....Classified Service—. .shall mean:all offices, positions, and employment in the. ... .
City service, except those expressly designated as unclassified in City Ordinances.-
2.12 Compensation.- shall_mean any salary, wage, fee, allowance.-paid to an
employee for performing the duties.and exercising the responsibilities of a position.
2.13 Compensation-Plan — shall mean the official schedule of pay approved by
-the City Council assigning one salary or wage range to each class title.
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RESOLUTION-NO. 2015-05 PAGE 12 OF 73 APRIL 14, 20.15:
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2.14: Compensatory Time Off (CTO) = Time accrued or taken off from work,:.
with pay,in lieu of paid overtime compensation.
2.15 Continuous Service—shall mean City service uninterrupted by separation.
2.16 Deferred Compensation=shall mean tax-deferred monies held in an account
until:time of termination or retirement from the City.
2..17 Department -'shall.mean an.administrative branch, including a group, of
employees.under the.immediate charge of a department head,
2.18 Department Head —_ shall mean the head of a City department; and also
includes.the City:Clerk. .... ...
2.19 Direct Appointment shall mean an appointment _within City. service -
which.: is authorized to::.be made.: foregoing otherwise. required: recruitment, testing and
appointment processes; typically limited to the City Manager aiid CityAttorney.
2.20 Domestic Partner shall mean two adults wh_o have chosen to share one
anther's lives:in an intimate:and committed:relationship.of mutual caring; as may from time to .
time:be,defined in.the California Family Code.;.
2.21 ' Eli ig bility List—shall mean the ranking of eligibility for a vacancy in order
- of overall qualification.
2.22 Employee.- shall mean an individual.:who is legally an incumbent.of a
position in the classified service, or who is on leave of authorized absence with the right to return_
to his.position:..
2.23. , Exempt Employees — shgR;mean.:an :employee who 'is.:designated by the..
Classification Plan as,pexempt from the overtime requirements :under the:Fair Labor Standards
Act; (FLSA). Exempt ;employees shall:not receive compensation for overtime work. : Their
monthly salary shall be considered full compensation for all hours worked. A list of all current
exempt,positions.shall be referenced.in the City's Classification Plan.
2.24 Fringe Benefits) — shall-mean an employment benefit (health insurance;
paid:holiday, etc.).granted:by an employer that .involves a money,cost without affecting basic
wage rates:... :..
2.25 Full-time:Employee.—.shall mean an employee whose position is budgeted
to.work 40.hours per.week. Full=time employees receive benefits.
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2.26. Furlough—shall mean the temporary modification of normal working hours
or benefits for reasons of economy; efficiency or-non-disciplinary reason.
2.27 Interim Appointment-shall mean a short-term appointment made from an
eligibility list.
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RESOLUTION-NO. 2015-05 PAGE 13 OF 73 APRIL 14,2015
2.28 Intermittent Service- shall mean City service interrupted by separation.
2.29 Layoff — shall mean the involuntary separation of an employee from a
position for reasons of economy, efficiency or other non-disciplinary reason.
2.30 Leave—shall mean an approved type of absence from work as provided for
by these rules.
2.31 Length of Service—shall include Saturdays, Sundays, and other regular days
off which are immediately preceded or immediately followed by normal work days.
2.32 Non-exempt Employee— shall mean an employee who is not designated by
the City Manager as exempt from the overtime requirements under the FLSA. Non-exempt
employees are eligible to receive compensation for overtime work.
2.33 On-Call Employee — shall mean an employee that does not work a regular
schedule, and works intermittently as needed.
2.34 , Part-time Employee — shall mean an employee whose position is budgeted
to work less than 40 hours per week. Part-time employees may receive benefits as provided
herein.
2.35 Pay Rate—shall mean a specific dollar amount expressed as either an annual
rate, a monthly rate, a semimonthly rate, a biweekly rate, or an hourly rate.
2.36 Personnel Officer — shall have the same meaning as the Grand Terrace
Municipal Code, Section 2.24, including such amendments to that Section as may from time to
time be made.
2.37 Position— shall mean a specific office of employment, whether occupied or
vacant, calling for the performance of certain duties and the carrying of certain responsibilities
by one individual, either on a full-time or part-time basis.
2.38 Probationary Employee — shall mean an employee serving in the
probationary period of employment. Probationary employees are at-will employees.
2.39 Promotion — shall mean elevation of an employee to a position which
requires a greater level of skills, and has a maximum salary higher than that of the employee's
former position.
2.40 Regular Rate of Pay — is defined under the FLSA and is determined by
dividing the employee's total remuneration for employment in any work period by the total
number of hours that remuneration is intended to compensate.
2.41 Regular Employee — shall mean an employee who satisfactorily completes
probationary service and maintains continuing regular appointment.
2.42 Probationary Release — shall mean the dismissal from City service of an
employee who has not successfully completed the probationary period, or the return of a regular
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RESOLUTION NO. 2015-05 PAGE 14 OF 73 APRIL 14, 2015
employee to a position in which the employee previously acquired regular status who did not
successfully complete a promotional probationary period.
2.43 Seasonal Employee—shall mean an employee hired on a temporary basis to
work only a part of the year due to seasonal employment. Seasonal employees do not receive
any City benefits.
2.44 Skelly Officer— shall mean the City official designated as having authority
to render a final disciplinary decision in the pending matter; typically the department head or
equivalent, or the City Manager.
2.45 Spouse — a person with who exists a matrimonial relationship recognized
under the laws of the State of California.
2.46 Suspension— shall mean a temporary separation of an employee from City
service for disciplinary purposes or pending the completion of an investigation of charges made
against an employee. Suspensions shall be without pay unless the employee is notified otherwise
by the City.
2.47 Temporaa Appointin — shall mean an appointment not made from an
eligible list for short-term employment of less 1,000 hours per fiscal year or less than 125 days
per fiscal year. Unless specifically provided herein, temporary employees do not receive any
City benefits.
2.48 Termination — shall mean the separation of an employee from City service
because of retirement, resignation, death or dismissal.
2.49 Transfer — shall mean assignment of an employee from one position to
another position having the same maximum salary range, and requiring substantially the same
level of skills. A transfer can take place within a department, between departments, between
positions of the same class, or between positions of different classes.
2.50 Work Dav — shall mean the scheduled number of hours an employee is
required to work per day.
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RESOLUTION NO. 2015-05 PAGE 15 OF 73 APRIL 14,2015
SECTION 3. CLASSIFICATION PLAN
3.1 Classification Plan — The Personnel Officer shall ascertain and record the
duties and responsibilities of all positions in the classified service and, after consulting with
affected department heads, shall recommend a classification plan for such positions. The plan
and any revisions thereof shall become effective upon approval of the City Council.
(a) Following the adoption of the classification plan, the Personnel Officer shall
allocate every position in the classified service to one of the .classifications
established by the plan.
(b) When a new position is created, and before such position may be filled, no
person shall be appointed or employed to fill the position until the
classification plan has been amended to provide for the new position.
3.2 Reclassification — The Personnel Officer may initiate a reclassification
review to determine whether the duties of a position necessitate reclassification of the position to
a more appropriate classification. Upon completion of the reclassification review, the Personnel
Officer shall make a recommendation regarding reclassification to the City Council.
(a) The Personnel Officer shall determine whether to maintain or change the
annual performance review date of a reclassified employee.
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RESOLUTION NO. 2015-05 PAGE 16 OF 73 APRIL 14, 2015
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SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS
4.1 Job Announcement — Whenever an open competitive examination is to be
utilized to fill a position, upon authorization of the Personnel Officer, an appropriate flyer shall
be posted on the City's website and as otherwise deemed appropriate by the Personnel Officer.
The announcement shall include:
- The title and pay for the position;
- FLSA Status (exempt or non-exempt and basis thereof);
- The nature of the work to be performed;
- The minimum qualifications;
- A statement whether the position is at-will;
- The time and place of the examination, if known, and/or if a psychological examination,
and/or a drug screen will be required following a conditional offer of employment; and
- Such other information as determined in the discretion of the Personnel Officer.
In instances where posting a job announcement would detrimentally delay the filling of a
vacancy, the City, in its sole discretion, may dispense with this requirement and fill the position
from immediately available sources.
t
4.2 Application Forms —Job applications shall be made on forms authorized by
the Personnel Officer. Such forms shall require information covering training, experience, and
other pertinent information as deemed necessary by the Personnel Officer. Defective,
incomplete, or untimely applications may be returned to the applicant with notice to amend and
re-file, provided that the time for receiving applications has not expired. Whenever an
application is rejected, notice of such rejection shall be mailed or emailed to the applicant by the
Personnel Officer. Applications received at times other than following announcements as set
forth above shall be destroyed or returned to the applicant at the discretion of the Personnel
Officer.
4.3 Disqualification of Applications — The Personnel Officer may reject any
application which is not properly completed or which indicates on its face that the applicant does
not meet the minimum qualifications for the position. Applications may also be rejected for
reasons, which, in the judgment of the Personnel Officer would render the applicant unsuitable
for the position.
Whenever an application is rejected, the Personnel Officer shall mail the notice of such
rejection to the applicant. Defective applications may be returned to the applicant with notice of
the defect, provided the time limit for receiving applications has not expired when the defect is
detected. Although the Personnel Officer is not required to return defective applications, all
defective applications during any recruitment must be treated identically.
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RESOLUTION NO. 2015-05 PAGE 17 OF 73 APRIL 14, 2015
4.4 Supplemental Information to Applications — Applicants may be required to
provide supplementary information, including but not limited to:
- Resumes;
- Licenses;
- Certifications;
- Diplomas;
- Letters of recommendation; and
- References.
Although such supplementary information may be used in evaluating an individual
applicant's qualifications, it shall'not substitute for a completed application form. Should an
applicant be appointed to a position, the supplemental information shall become a part of the
individual's permanent employment records.
4.5 Examinations
(a) The Personnel Officer will determine the manner and methods of administering
examinations. All examinations shall be job-related.
(b) Examinations shall be competitive and may consist of written tests, oral tests,
performance tests, evaluations of prior training and performance, experience and
education, interviews, style assessments, file review, or any combination thereof. Tests
shall be administered in a manner that provides all qualified applicants a fair and
reasonable opportunity to demonstrate their skills, as those skills relate to the vacant
position. Some positions may require a background check. The Personnel Officer will
determine what is fair and reasonable as it relates to this paragraph.
(c) The content of all examinations designed to differentiate between qualified
applicants shall be kept confidential prior to the administration of the examination. The
nature of the examination (oral, written, or practical) shall be communicated to all
applicants so that each applicant may come to the examination prepared to demonstrate
their skills, as those skills relate to the vacant position. The method of communication
shall be similar for all applicants.
(d) Appointment to certain positions may be made contingent upon the
applicant/employee passing a job-related medical and/or psychological examination to
the satisfaction of the Personnel Officer following a conditional offer of employment.
Such examination shall only be required after a conditional offer of employment has been
made.
(e) Applicants who receive .a conditional offer of employment may need to
successfully complete drug and alcohol testing prior to their initial employment by the
City.
8
RESOLUTION NO. 2015-05 PAGE 18 OF 73 APRIL 14, 2015
(f) Any medical records will be kept confidential and will be kept separately from
non-medical personnel records. Such records are accessible only by the Personnel
Officer, the City's legal counsel, first aid and safety personnel in case of emergency, and
supervisors who are responsible for identifying reasonable accommodations. Medical
records and information contained therein must be released if so required by state or
federal law ; to ensure the utmost confidentiality required by law, only the minimum
necessary amount of information will be released
(g) No person shall be denied employment or failed on a pre-employment medical
and/or psychological examination because of a physical or mental disability if such
person can perform the essential functions of the job for which they received a
conditional offer of employment with or without reasonable accommodation unless the
applicant/employee cannot perform the job without presenting a direct threat to the health
and safety of himself/herself or others or without creating undue hardship for the City.
4.6 Eligibili Lists
(a) After completion of an open or promotional examination, the Personnel Officer
shall prepare an eligibility list consisting of the names of candidates who passed the
examination arranged in order of final score from the highest to the lowest (or arranged
alphabetically).
(b) Notwithstanding any other provision of these rules, if there are less than 3 names
on an eligibility list, the Personnel Officer may declare such list void and fill the position
by any method permitted by these rules, including but not limited to, undertaking new
recruiting and testing procedures.
(c) Eligibility lists shall become effective upon the certification by the Personnel
Officer and remain in effect for 12 months, unless the eligibility list is for a classification
for which there is continuous recruitment. A successful applicant who has been
determined eligible for appointment for a classification for which there is a
continuous recruitment shall remain on the list for 12 months.
(d) A person appearing on an eligibility list shall be removed from the list pursuant to
written request by the eligible person, or if the eligible person fails to respond to
notification of an opening from the Personnel Officer. It is the responsibility of the
eligible person to keep the Personnel Officer informed of his/her current address, phone
number and other required contact information.
4.7 Appointments
(a) The Personnel Officer shall make all appointments other than direct
appointments. The Personnel Officer shall decide in what manner a vacancy shall be
filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion,
appointment of hourly employees, or from an appropriate eligibility list if available. No
specific list shall have priority over other lists.
9
RESOLUTION NO. 2015-05 PAGE 19 OF 73 APRIL 14, 2015
(b) An eligible applicant may be appointed to a position other than for the one which
the applicant originally applied.
(c) When a position is to be filled from a promotional or open eligibility list, the
Personnel Officer may choose'from the specified list one of the top three candidates on
the eligibility list. If no person among the top three candidates indicates a willingness to
accept the appointment, or if the Personnel Officer does not choose from the top three
candidates,the Personnel Officer or designee may make the appointment from among the
remaining names on the eligibility list, may request a new examination and establish a
new eligibility list, or may fill the position by any other method authorized by these rules.
(d) The person accepting appointment shall report to the Personnel Officer or
designee on the date designated by the Personnel Officer. Otherwise, the applicant shall
be deemed to have declined the appointment.
4.8 Direct Appointments — Positions deemed direct appointments by the City
may be filled by direct appointment by the City Council.
4.9 Probationary Employment
(a) The probationary period shall be regarded as a part of the testing process and shall
be utilized for closely observing the employee's work to determine the employee's fitness
for the position.
(b) Regularppointments —All regular appointments to positions other than at-will
positions shall be tentative and subject to a probationary period of one year of actual and
continuous service. The Personnel Officer may extend the probationary period for an
additional period of up to six months of actual and continuous service. An employee
subject to an extension of the probationary period shall be given written notice of the
extension, including the period thereof.
(c) Promotional Appointments—All promotional appointments shall be tentative and
subject to a probationary period of six months of actual and continuous service. Upon
successful completion of the promotional probationary period, the completion date shall
be the employee's new annual evaluation date.
(1) An employee serving in a probationary promotional position does not
acquire regular status in the promotional position until the successful
completion of the probationary period.
(2) If the employee fails to complete the probationary period in the
promotional position satisfactorily, the Personnel Officer, at his/her
discretion,may return the employee to the position held prior to promotion
at the range and step held prior to promotion, if there is a vacancy in the
prior position. However, should the position no longer be available, the
employee may be terminated.
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RESOLUTION NO. 2015-05 PAGE 20 OF 73 APRIL 14,2015
(d) All probationary employees are at-will employees. Accordingly, during the
probationary period, a probationary employee may be rejected at any time with or
without cause, without notice or appeal, and without any rights set forth under the
Discipline Policy and Procedures provided herein.
4.10 Employment of Relatives—
(a) The following definitions apply:
(1) "Relative" means spouse, domestic partner, child, step-child, parent,
grandparent, grandchild, brother, sister, half-brother, half-sister, aunt,
uncle, niece, nephew, or in-laws of those enumerated by marriage or
domestic partnership.
(2) "Spouse" means two persons who have a valid marriage, or two people
who are registered domestic partners, as that term is defined by California
law,Family Code Section 297 et seq.
(3) "Supervisory relationship" means one in which one employee exercises
the right to control, direct, reward, or punish another by virtue of the
duties and responsibilities assigned to his or her City appointment.
(b) Relatives—The City has discretion not to appoint, promote or transfer a person to
` a position within the same department in which the person's relative already holds a position,
when such employment would result in any of the following:
(1) A direct or indirect supervisory relationship;
(2) The two employees having job duties which require performance of shared duties
on the same or related work assignment;
(3) Both employees having the same immediate supervisor; or
(4) A potential for creating an adverse impact on supervision, safety, security, morale
or efficiency that is greater for relatives than for unrelated persons.
(c) Spouses or Domestic Partners
(1) If two City employees who work in the same department become spouses
or domestic partners, the Personnel Officer has discretion to transfer one
of the employees to a similar position in another department. Although
the wishes of the employees in question will be given consideration, the
Personnel Officer retains sole discretion to determine which employee is
to be transferred based upon City needs, operations, or efficiency. Any
such transfer that results in a salary reduction is not disciplinary and is not
subject to any grievance or appeal.
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RESOLUTION NO.2015-05 PAGE 21 OF 73 APRIL 14, 2015
(2) If continuing employment of both employees cannot be accommodated in
a manner the Personnel Officer finds to be consistent with the City's
interest in the promotion of safety, security, morale, and efficiency, then
the Personnel Officer retains sole discretion to separate one employee
from City employment. Absent the resignation of one employee, the less
senior employee will be separated. Any such separation is not considered
to be disciplinary and is not subject to any grievance or appeal.
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RESOLUTION NO. 2015-05 PAGE 22 OF 73 APRIL 14, 2015
j
SECTION 5 COMPENSATION
5.1 Compensation Schedule - The compensation schedule for classified service shall include
a list of classes of positions by occupational group, with the standard rates of compensation
shown for each class.
All rates shown on the official compensation schedule and conditions set forth therein are in full
payment'for services rendered and are intended to cover full payment for the number of hours
regularly worked in each class.
5.2 Pay Ranges - The City has policy pay ranges which define the minimum and maximum pay
for each job.
5.3 Application of Compensation Schedule - The pay range, as set forth for each classification,
shall be applied as follows:
(a) New Appointments - Each position has a pay range which consists of minimum and
maximum rates of pay. The minimum rate for the position shall generally apply to new
employees with little or no experience within the classification. When qualifications and
experience warrant, an original appointment or reinstatement may be made at a rate other
than the minimum rate. The City Manager will decide the new appointment rate based, in
part, on the experience and training of the employee and according to the needs of the
City.
(b) Normal Advancements - After a full-time employee successfully completes six
months of service, the employee is eligible for a rate increase. It is up to the employee's
department head to recommend the amount of increase based on the employee's
performance record to the City Manager. Thereafter, increases may be considered at
annual evaluation dates. The date that the employee receives his/her first increase will be
the annual evaluation date. Employees that demonstrate consistent superior performance
may receive advancements outside the normal procedure based on the merit of the
performance and the discretion of the City.
(c) Part-Time Employees shall be eligible for a merit increase upon satisfactory
completion of the first 1,040 hours of service in a new position; and once every 2,080
hours thereafter if supported by a satisfactory performance evaluation.
(d) Advancement Provisions - No rate advancement shall be made so as to exceed any
maximum rate established in the compensation schedule for the class to which the
advanced employee's position is allocated, except as otherwise may be provided for in the
rules. Advancement shall not be automatic,but shall depend upon increased service value
of an employee to the City as exemplified by the recommendations of his/her department
head, length of service, performance record, special training undertaken, or other
pertinent evidence, within the advancement policy established by the compensation
schedule. The advancement of an employee, therefore, is one in which actual merit and
not time alone governs. An employee shall be recommended for salary increases only
(- when he/she clearly deserves advancement as indicated by at least a competent rating on
13
RESOLUTION NO. 2015-05 PAGE 23 OF 73 APRIL 14, 2015
his/her last performance evaluation, and not simply according to the elapse of a time
period.
(e) Transfer to Position Within the Same Classification - When an employee is
transferred to a position within the same classification to a position with the same pay
range, there shall be no salary increase or decrease because of such transfer. The
employee's salary evaluation date shall remain the same.
5.4 Recognition Award - The City Manager may, at his/her discretion, grant a onetime
recognition award in an amount up to 5% of an employee's salary when an employee on his/her
own initiative and by his/her own efforts and abilities is rendering service above the level of
proficiency normally expected in the class or is producing results consistently superior to that
normally expected of employees in the class. An employee may only receive one such bonus per
fiscal year.
5.5 "Y" Rate - -An employee holds the "Y" rate of the pay range when the employee is
reclassified to a position with a lower maximum salary than the employee's existing base salary.
An employee at the "Y" rate maintains the "Y" rate (i.e. existing base salary) until the maximum
salary in the reclassified position meets or exceeds the "Y" rate. Assignment to "Y"rate is at the
discretion of the City.
5.6 Out of Class Pay-An employee who is temporarily directed by the City Manager to serve in
a higher-level position above the employee's current classification shall be compensated at the
salary of the higher level position. In order to qualify for out of class pay, the following i
requirements must be met:
(a) The employee must assume substantially the full range of duties and responsibilities
of the higher-level position.
(b)The employee must first work at least 30 days in the higher-level position. Temporary
assignments out of class shall be recorded in full-shift units only. Therefore, an employee
working out of class for less than one full shift will not be credited with working out of
class service time.
(c) Time worked out of class in the higher-level position shall not earn credits toward the
completion of probationary period requirements in the position.
(d) An employee who has qualified for out of class pay will be compensated at the
minimum rate established for the higher class for each completed work shift served in the
higher class after 30 days have been completed. In the event of overlapping pay ranges, a
one-step differential shall be paid for out-of-class assignments. The higher rate of pay
shall be used in computing overtime when authorized overtime is served in a nonexempt,
out-of-class work assignment. The overtime rate shall be the rate established by the
overtime regulations that apply to the higher class.
5.7 On-Call Pay - Employees placed in an on-call status for a period of one week shall receive
their choice of either seven hours of paid straight time or nine hours of compensatory time off for
r'
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RESOLUTION NO. 2015-05 PAGE 24 OF 73 APRIL 14, 2015
that week. Employees assigned to be on-call while not on duty shall remain within the range of
the electronic communication device provided to him/her and be available to respond to the
specified work site within a half hour. When an employee is called out, he/she will be paid for a
minimum of two hours at the employee's applicable hourly rate.
5.8 Cost of Living Adjustment COLA). As a part of the City's annual budget process, the City
will assess the feasibility of providing a cost of living adjustment to employee salaries.
(a) Such cost of living adjustment shall be based on the Consumer Price Index - All
Urban Consumers (CPI-U)Los Angeles-Riverside-Orange County, CA.
(b) If the City's budget permits a cost of living adjustment, such adjustment shall be
equal to the CPI-U,up to a maximum of 5%.
(c) Unless otherwise required by law or by contract, no cost of living adjustment shall be
given to any class of employees unless all classes are also adjusted.
(d) Any allowed cost of living adjustment shall take effect on the first pay-period in
which the first day of the fiscal year falls.
5.9 Salary Schedule Adjustments. Every three years, as a part of the City's budget process, the
City shall conduct a salary survey to determine whether existing salary levels are appropriate to
the current job market.
(a) The survey will be conducted for all City positions regardless of whether or not the
position is currently funded.
(b) Conducting a survey does not create an obligation for the City to implement salary
changes.
(c) Unless otherwise required by law or by contract, no rate adjustment shall be given
unless warranted by the salary survey.
(d) Any allowed rate adjustment shall take effect on the first pay-period in which the first
-day of the fiscal year falls.
5.10 Council Approval Required. No changes to rates shall be made under sections 5.8 and 5.9
without prior approval of the City Council. Any such change under this section shall be
approved by resolution of the City Council. Such resolution shall indicate whether it is
implementing a COLA or amending the Salary Schedule of the City's Classification Plan.
I
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RESOLUTION NO. 2015-05 PAGE 25 OF 73 APRIL 14, 2015
SECTION 6 HEALTH AND RETIREMENT BENEFITS
Defined in the Statement of Benefits originally adopted as Resolution 2015-XX and
inclusive of any subsequent amendments as from time to time, including without
limitation each fiscal year, may be adopted.
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RESOLUTION NO. 2015-05 PAGE 26 OF 73 APRIL 14, 2015
SECTION 7 ATTENDANCE AND HOURS OF WORK
7.1 Hours of Work—Work schedules are determined at the sole discretion of the Department
Head and are subject to change with or without notice, according to the needs of the department
or City. An employee shall be in attendance at their work during the hours specified by the
Department Head. Any unauthorized absence may be cause for disciplinary action, up to and
including discharge from employment.
(a) Arriving late to work or leaving early in connection with scheduled work times,
breaks, or meal periods is prohibited. An employee is required to seek advance
permission from his or her supervisor for any foreseeable absence or deviation
from regular working hours.
7.2 Notification of Late Arrival or Absence — An employee who is unexpectedly
unable to report for work as scheduled must notify his or her immediate supervisor no later than
the scheduled work time and report the expected time of arrival or absence. If the employee's
immediate supervisor is not available, the employee must notify the Department Head. A non-
exempt employee who fails to timely notify the supervisor of absences, or who is not present
and ready to work during all scheduled work times will be deemed to have an unauthorized
tardy or absence and will not receive compensation for the period of absence.
7.3 Meal Period — A one hour non-compensated meal period shall be provided to all
full-time employees who work at least an eight hour work day. A 30 minute non-compensated
meal period shall be provided to all full-time employees who work more than five hours, but
less than eight hours during the work day. Employees are responsible for taking their own meal
period at the approximate mid-point of the shift,unless department rules indicate otherwise.
7.4 Rest Period—A 15 minute compensated rest period will be provided all employees
for each four hour period of service. The rest period shall be taken at a time designated by the
employee's supervisor. The rest periods may not be combined to shorten the workday or to
extend the meal period.
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RESOLUTION NO. 2015-05 PAGE 27 OF 73 APRIL 14, 2015
SECTION 8 OVERTIME
8.1 Work Week—The workweek begins at 12:00 a.m. on Saturday and ends at 11:59 p.m. on
Friday. Employees working a 9/80 schedule will have a flex day off every other week as
determined by the City. For employees working a 9/80 work schedule, each employee's
designated work week shall begin exactly four hours after the start of his/her eight hour shift on
the day of the week that corresponds with the employee's alternating regular day off.
8.2 Regular Rate of Pay — A non-exempt employee's regular rate of pay is the employee's
hourly rate,based on the normal, non-overtime workweek for which the employee is employed.
8.3 Overtime—Overtime is all hours a non-exempt employee actually works over 40 in his or
her work week. Overtime is compensated at 1.5 times the Fair Labor Standards Act regular rate
of pay. Only actual hours worked will be counted toward the 40-hour threshold for purposes of
calculating FLSA overtime pay.
8.4 Prior Approval —Non-exempt employees are not permitted to work overtime except as
the department director authorizes or directs. Non-exempt employees directed to work overtime
must do so. Working overtime without advance approval is grounds for discipline.
8.5 Compensatory Time Off— A non-exempt employee, for the purposes of the Fair Labor
Standards Act, may opt to accrue compensatory time-off("CTO") in lieu of cash payment for
overtime worked.
(a) Accrual Rate—CTO accrues at the rate of 1.5 hours for each hour worked
over 40 hours of actual work in the employee's work week. CTO cannot
be accumulated in excess of 80 hours at any given time.
(b) Employee Request to Use CTO — The City will grant an employee's
request to use accumulated CTO provided that: (1) the. department can
accommodate the use of CTO on the day requested without undue
disruption; and (2) the employee makes the request in writing to the
supervisor no later than five days prior to the date requested. If the
employee does not provide five days' notice, or if the department cannot
accommodate the time off, the City may provide the employee the
opportunity to cash out the CTO requested at the end of the current pay
period.
(c) City Cash Out—The City reserves the right to cash out accumulated CTO
at any time.
8.6 Employee Cash Out—During employment, CTO is cashed out at the employee's current
FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees
separating from City service shall be compensated for all accrued,unused compensatory hours at
the current FLSA regular rate of pay, or the average regular rate for the prior three years,
whichever is higher.
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RESOLUTION NO. 2015-05 PAGE 28 OF 73 APRIL 14, 2015
SECTION 9 PERFORMANCE EVALUATION
9.1 Performance Evaluations for Probationary Employees — Prior to the completion of six
months and 12 months during the probationary period, the department head shall furnish the
Personnel Officer with a performance evaluation as to the progress of the probationary
employee, a copy of which shall also be furnished to the employee.
(a) The preparation of the six and 12 month performance evaluations shall be
mandatory.
(b) Prior to the completion of three months and nine months during the probationary
period, the department head may furnish the Personnel Officer or designee with a
performance evaluation as to the progress of the probationary employee, a copy of
which shall also be furnished to the employee. The preparation of the three and
nine month performance evaluations shall be optional.
9.2 Performance Evaluations for Regular Employees—Performance evaluations for a regular
employee shall be prepared at the time of the employee's salary anniversary dates, provided that
the employee may, in addition, be given a report of performance at any other time during the
year upon his/her own request and/or at the discretion of the Department Head.
9.3 Special Evaluations — Department Heads are authorized to evaluate a subordinate's
performance as often as he/she deems appropriate.
9.4 Authority— The Personnel Officer shall determine the appropriate supervisor to prepare
the performance evaluation of an employee. The Department Head shall review and approve all
performance evaluations of subordinates in his/her department. The City Manager shall review
and approve all performance evaluations of Department Heads or any other employees under
his/her supervision.
9.5 Performance Evaluation Meeting—Each performance evaluation shall be discussed with
the employee. The employee shall sign the evaluation to acknowledge its contents. Such
signature shall not necessarily mean he/she fully endorses the contents of said evaluation.
9.6 No Appeal Right—An employee does not have the right to appeal any matter relating to a
performance evaluation. Instead, the employee may comment on the evaluation in a written
statement which will then be placed with the evaluation in the employee's personnel file. The
written statement must be submitted within 10 calendar days after the employee receives the
evaluation.
l
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RESOLUTION NO. 2015-05 PAGE 29 OF 73 APRIL 14, 2015
SECTION 10 VACATION LEAVE AND HOLIDAYS
10.1 Scheduling;of Vacation Leave—An employee may take vacation leave at any time during
the year, subject to approval by the employee's Department Head based on a determination that
such absence will not adversely affect the City. Each employee must consider the needs of the
City when requesting vacation leave. An employee shall provide a minimum of one week's
written advance notice, unless waived by the Department Head, when requesting vacation time
off.
10.2 Unused Vacation Leave Upon Separation — Any employee terminating from the City
service who has accrued vacation leave shall be paid for all accrued vacation at termination at
his/her rate of pay at the time of separation. No leave credit will be earned on such payments.
10.3 Effect of Holiday on Vacation Leave—In the event one or more authorized holidays fall
within a vacation leave, such holiday shall not be charged as vacation leave, and the vacation
may be extended accordingly.
10.4 Floating Holidays — City Hall employees entitled to holidays shall receive two floating
holidays per calendar year. Child Care employees entitled to holidays shall receive three floating
holidays per calendar year.
(a) Floating holidays must be used by the end of the corresponding calendar year.
Any time not used will be cashed out on the last pay period of the calendar year.
(b) Floating holidays may be used in conjunction with any designated holiday subject }
to advanced approval by the Department Head.
10.5 Holiday Pay — Employees entitled to holidays shall be paid the equivalent of the
employee's one work day of compensation for the holiday and floating holiday. If a non-exempt
employee is required to work on a holiday, the employee shall be paid overtime for time worked
on the holiday.
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RESOLUTION NO. 2015-05 PAGE 30 OF 73 APRIL 14, 2015
SECTION 11 SICK LEAVE
11.1 Definition of Sick Leave — Sick leave is leave from duty which may be granted by the
City to an employee because of the employee's own illness, injury, exposure to contagious
disease; or for an illness or injury of a member of the employee's immediate family requiring the
employee's attendance; and for medical, dental and optical appointments to the extent that such
appointments cannot be scheduled outside the work day.
(a) An employee's immediate family member shall include the employee's: spouse;
domestic partner; children; or mother or father.
11.2 Sick Leave Use
(a) An employee may be granted sick leave only in case of actual sickness as
defined above. Only one half of the employee's yearly accrued sick leave may
be used because of the illness of an immediate family member. In the event
that an employee or a member of the employee's immediate family recovers
from any such sickness after being granted sick leave, and during the regularly
scheduled hours of work, then such employee shall notify the' appropriate
immediate supervisor and be available to return to duty.
(b) In order to apply for sick leave use, an employee shall notify the appropriate
immediate supervisor within one hour before the time established as the
beginning of the employee's work day; unless the City determines that the
employee's duties require more restrictive reporting. Failure to do so without
good reason may result in that day of absence being treated as leave of absence
without pay.
(c) If the employee is absent on sick leave for more than one day the employee
must keep the immediate supervisor informed as to the date the employee
expects to return to work.
(d) Sick leave will not be granted to any employee absent from duty as a result of
any sickness, injury or disability purposely self-inflicted or caused by willful
misconduct.
(e) Sick leave will not be granted to any employee absent from duty after
separation from City service, or during a City authorized leave of absence
without pay, or any other absence from duty not authorized by the City.
(f) Sick leave will not be granted to any employee to permit an extension of the
employee's vacation.
(g) Sick leave will not be granted to any employee during the first six full calendar
months of the employee's employment. However, on the successful
completion of six months of employment, the employee will be credited with
sick leave that would otherwise have been accrued during those six months as
provided in this policy.
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RESOLUTION NO. 2015-05 PAGE 31 OF 73 APRIL 14,2015
(h) The City may require a physician's certification at any time regarding the
sickness or injury of the employee or their immediate family member and the
date of the employee's intended return to work.
(i) Employees will not be permitted to use vacation in lieu of sick leave unless
approved by the Personnel Officer.
(j) Supervisors have the discretion to place employees on sick leave when, in the
judgment of the supervisor, the presence of the employee at work would
endanger the health and welfare of other employees, the public, or where the
illness or injury of the employee interferes with the performance of such
employee's duties.
11.3 Abuse of Sick Leave — An employee is subject to disciplinary action for abuse of sick
leave. Abuse of sick is a claim of entitlement to sick leave when the employee does not meet the
requirements and definition of sick leave as set forth above.
11.4 Excessive Use of Sick Leave — Unprotected sick leave is leave which is not used in
connection with FMLA/CFRA leave, leave due to a reasonable accommodation for a disability,
or any other leave that is protected under the law.
(a) Excessive use of unprotected sick leave, tardiness, and failing to use the call-in
procedures when absent or tardy, can negatively impact the employee's job
performance and may be considered in establishing the employee's performance
evaluation rating. 1
(b) Factors that will be considered in determining whether use of sick leave is
excessive include, but are not limited to, whether the employee has exhausted
his/her sick leave, whether the leave taken is protected under the law, whether the
employee has a disability,whether absenteeism is limited to a finite time period or
whether it continues over time, the basis for the absenteeism and the significance
of the impact on the performance of the employee's job or of the job of others.
11.5 Return to Work from Sick Leave—Employees on sick leave maybe required to provide a
physician's certification certifying fitness for duty prior to returning to work. The City shall
comply with requirements of the Fair Employment and Housing Act (FEHA). 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 potential reasonable accommodations, and/or require the employee to undergo
at City expense a medical evaluation of fitness for duty.
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RESOLUTION NO. 2015-05 PAGE 32 OF 73 APRIL 14, 2015
SECTION 12 OTHER LEAVES
12.1 Work Related Court Appearances — An employee who is subpoenaed to appear in court
in a matter regarding an event or transaction in the course of his or her City job duties will do so
without loss of compensation. The,time spent will be considered work time. The City shall
determine whether the matter is in regards to an event or transaction in the course of the
employee's City job duties.
12.2 Other Court Appearances - An employee subpoenaed to appear in court in a matter
unrelated to his or her City job duties or because of civil or administrative proceedings that he or
she initiated does not receive compensation for time spent related to those proceedings. An
employee may request to receive time off without pay, or may use any accrued leave other than
sick leave for time spent related to those proceedings. The time spent in these proceedings is not
considered work time.
12.3 Jury Duty Leave -An employee who is summoned to serve on a jury must notify his or her
supervisor or department head as soon as possible after receiving notice of both possible and
actual jury service in order to receive time off for the period of actual service
required. Employees will receive their regular salary for up to a maximum of 10 working
days. Regular salary means full pay for the employee's regularly scheduled work hours, which
the employee would have received had he or she not been summoned for jury
service. Employees must submit to the City any fees received from the Court for jury service
time in which the City paid the employee their regular salary. The time spent on jury duty is not
work time for purposes of calculating overtime compensation.
(a) Employees must report to their supervisors if they are unable to attend jury service
due to illness or any other reason. If an employee does not report to work or jury service
during a regularly scheduled work shift, the employee will not be paid unless covered by
sick,vacation, or other paid leave.
(b) If any employee is released from jury service prior to the end of his/her scheduled
work hours, the employee must report to work unless otherwise authorized by his/her
supervisor.
12.4 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 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.
12.5 Paid Administrative Leave—The City has the right to place an employee on leave at any
time with full pay. An employee may be placed on administrative leave pending investigation of
misconduct, potential disciplinary action, or other reasons that the Personnel Officer, in his/her
discretion, believe warrant such leave. The employee does not have a right to appeal the
decision to be placed on administrative leave with pay.
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RESOLUTION NO. 2015-05 PAGE 33 OF 73 APRIL 14,2015
12.6 Leave of Absence Without Pav — Upon the request of the employee and the
recommendation of the Department Head, leave of absence without pay may be granted by the
Personnel Officer to an employee who has completed at least one year of continuous
employment prior to the effective date of the leave.
(a) Unless required by law, an employee is not entitled to a leave of absence as a
matter of right.
(b) Request for leave of absence without pay shall state specifically the reason for the
request, the date when the employee desires to begin the leave, and the probable
date of return.
(c) Failure of the employee to return to his or her employment upon the termination
of any authorized leave of absence will, except under extraordinary
circumstances, constitute the employee's separation from City employment.
(d) Leave of absence without pay is not a break in service or employment, and rights
accrued at the time the leave is granted are retained by the employee.
(e) Unless required by law, vacation leave credits, sick leave credits, increases in
salary, all other paid leaves,holidays and fringe benefits and other similar benefits
shall not accrue to a person granted such leave during the period of absence. Nor
is the City required to maintain contributions toward group insurance or
retirement coverage for the employee on such leave.
(f) During the period of such leave, all service and leave credits shall be retained at
the levels existing as of the effective date of the leave. The employee shall be
reinstated to his or her former position or to a comparable one if available.
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RESOLUTION NO. 2015-05 PAGE 34 OF 73 APRIL 14, 2015
SECTION 13 FAMILY AND MEDICAL CARE LEAVE
13.1 — To the extent not already provided for under current leave policies and provisions, the
City will provide family and medical care leave for eligible employees as required by State and
Federal law. The manner in which such leave is requested, utilized and monitored shall be
governed by applicable state and federal laws and regulations. Unless otherwise provided by this
article, "Leave"under this article shall mean leave pursuant to the FMLA and CFRA.
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RESOLUTION NO. 2015-05 PAGE 35 OF 73 APRIL 14, 2015
x '
SECTION 14 PREGNANCY DISABILITY LEAVE
14.1 — To the extent not already provided for under current leave policies and provisions, the
City will provide an employee who is disabled because of pregnancy, childbirth, or a related
medical condition is leave time as required by State and Federal law. The manner in which such
leave is requested, utilized and monitored shall be governed by applicable state and'federal laws
and regulations.
F--
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RESOLUTION NO. 2015-05 PAGE 36 OF 73 APRIL 14, 2015
SECTION 15 RESIGNATION,LAYOFFS AND FURLOUGHS
15.1 Tunes of Separation—All separations of employees from positions in City employment
shall be designated as one of the following types:
(b) Resignation;
(c) Layoff;
(d) Death;
(e) Retirement; and
(f) Dismissal.
15.2 Resignation — An employee who wishes to resign his/her City employment in good
standing must submit the resignation to the Personnel Officer at least two weeks prior to the
planned separation date. Failure to follow the aforementioned procedure may be cause for
denying future employment with the City. A resignation becomes final when received by the
Personnel Officer, and becomes effective on the date stated in the resignation.
15.3 Job Abandonment—An employee is deemed to have resigned if the employee is absent
for three consecutive scheduled work shifts without prior authorization and without notification
j during the period of the absence.
(a) Such employee will be given an opportunity to explain the absence and failure of
notification before final action is taken.
(b) An employee separated for job abandonment will be reinstated upon proof of
justification for such absence, such as severe accident, severe illness, false arrest,
or mental or physical impairment which prevented notification.
15.4 Layoff—Whenever, in the judgment of the City Council, it becomes necessary to abolish
any position, the employee holding such position or employment may be laid off or demoted
without disciplinary action and without the right of appeal. City employees shall not have
bumping rights.
(a) Order of Layoffs — The City shall consider seniority, evaluation rating and the
needs of the City to determine the order of layoffs.
15.5 Furloughs — In the case that the City implements a work furlough for employees,
qualifying employees shall continue to receive the same level health and retirement benefits that
existed prior to the furlough.
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RESOLUTION NO. 2015-05 PAGE 37 OF 73 APRIL 14, 2015
SECTION 16 DISCIPLINE POLICY AND PROCEDURES
16.1 Causes for Discipline — Employees may be disciplined for, including but not limited to,
any of the following causes of discipline:
a. Violation of any department rule, City policy or City regulation, ordinance or
resolution;
b. Absence without authorized leave;
C. Excessive absenteeism and/or tardiness as defined by the employee's department
head, and/or these Policies;
d. Use of disability leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the City;
e. Making any false statement, omission or misrepresentation of a material fact;
f. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
g. Unsatisfactory job performance;
h. Inefficiency;
I
i. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited
to the following acts or omissions: the damaging of City property, equipment, or
vehicles, or the waste of City supplies through negligence or misconduct.
j. Insubordination; or insulting or demeaning the authority of a supervisor or manager;
k. Dishonesty;
1. Theft; .
in. Violation of the City's or a department's confidentiality policies, or disclosure of
confidential City information to any unauthorized person or entity;
n. Misuse or unauthorized use of any City property, including, but not limited to:
physical property, tools, equipment, City communication systems, City vehicles or
Intellectual Property;
o. Mishandling of public funds;
p. Falsifying any City record;
q. Discourteous treatment of the public or other employees;
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RESOLUTION NO. 2015-05 PAGE 38 OF 73 APRIL 14, 2015
r. Failure to cooperate with employee's supervisor or fellow employees;
s. Violation of the City's Drug-Free Workplace Policy;
t. Violation of the City's Policy Against Harassment,Discrimination and Retaliation;
u. Violation of the City's Workplace Security Policy;
v. Unapproved outside employment or activity that violates the City's policy, or other
enterprise that constitutes a conflict of interest with service to the City;
w. 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;
x. Failure to comply with Cal-OSHA Safety Standards and City safety policies;
y. Altering, falsifying, and tampering with time records, or recording time on another
employee's time record; or
z. Working overtime without prior authorization or refusing to work assigned overtime;
aa. Carrying firearms or other dangerous weapons; and
bb. Violations of Title XXII(for Child Care Employees)
16.2 Types of Discipline — The following are types of discipline which the City may impose
on all employees.
(a) Oral Warning—An oral warning should include the performance the employee is
to take in the future and consequences for failure to correct the problem for which
the employee is being warned. An oral warning shall be memorialized in writing
and retained in the supervisor's file. An oral warning may not be appealed under
this policy.
(b) Written Warning—In the event that an employee should need more than an Oral
Warning, the employee may be issued a written warning through the filing of an
Employee Warning/Incident Report. This report is placed in the employee's
personnel file and a copy given to the employee with a complete statement
regarding reason for such warning. A third warning given for the same reason
constitutes cause for dismissal. A written warning may not be appealed under this
policy.
(c) Suspension Without PaX — The City may suspend an employee from his/her
position without pay for up to 30 calendar days for cause. Documents related to a
suspension shall become part of the employee's personnel file when the
suspension is final. An employee subject to suspension will receive prior written
notice and appeal as provided under this policy.
�N
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RESOLUTION NO.,2015-05 PAGE 39 OF 73 APRIL 14,2015
(d) Demotion—The City may demote an employee from his or her position for cause. -
Documents related to a demotion shall become part of the employee's personnel
file when the demotion is final. An employee subject to demotion will be entitled
to prior written notice and appeal as provided under this policy.
(e) Reduction in Pa v — The City may reduce an employee's pay for cause. A
reduction in pay 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 reduction in pay is final.
(3) An employee subject to a reduction in pay is entitled to prior written
-notice and appeal as provided under this policy.
(f) Dismissal—The City may dismiss an employee from his or her position for cause.
Documents related to the dismissal shall become a part of an employee's
personnel file when the dismissal is final. A dismissed employee is entitled to
prior written notice and appeal as provided under this policy.
16.3 Discipline Procedures—The following discipline procedures shall not apply to the City's
at-will employees. The City's at-will positions are referenced in City of Grand Terrace
Municipal Code Section 2.24.020. In addition, all probationary employees are at-will.
Accordingly, at-will employees may be terminated without cause.
(a) ' The following discipline procedure shall only apply in the case of a disciplinary
action of suspension without pay of more than three days, demotion, reduction in
pay, or dismissal.
(1) Disciplinary "Skelly"Notice to Employee —Written notice of the intended action
shall be given to the employee setting forth the following information:
(a) Grounds for discipline;
(b) Act or omission giving rise to intended discipline;
(c) Effective date for intended discipline;
(d) All documents or records considered in recommending the
intended discipline;
(e) The time and date by which the employee can respond; and
(fl Notice that failure to respond at the time specified shall constitute
a waiver-of the right to respond prior to final discipline being
imposed.
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RESOLUTION NO. 2015-05 PAGE 40 OF 73 APRIL 14, 2015
(2) Response by Employee and Skelly Meeting — If the employee requests a
Skelly meeting to respond orally to the charge(s), the designated Skelly
officer shall conduct an informal meeting with the employee, at which the
employee has an opportunity to rebut the charges against him or her and
present any mitigating circumstances. The Skelly officer will consider the
employee's presentation before any final disciplinary action.
(3) Final Notice of Discipline to Employee—In the case of disciplinary action
of suspension without pay of more than three days, demotion, reduction in
pay or dismissal, within five working days, the Skelly officer shall review
the information which formed the basis for the action and the employee's
response. The Skelly officer shall issue a final notice affirming, modifying
or rejecting the intended discipline.
(a) If the final notice imposes discipline it shall set forth the following:
level of discipline to be imposed and the effective date of the
discipline;
(b) the specific charges upon which the discipline is based, including
the act or omission giving rise to the discipline;
(c) all documents or records upon which the discipline is based; and a
statement of the nature of the employee's right to appeal.
(4) The final notice shall be sent by mail method that verifies delivery to the
last known address of the employee, or delivered to the employee in
person.
(a) It shall be the responsibility of the employee to inform the City of
his/her address.
(b) If the notice is not deliverable because the employee has moved
without notifying the City or the employee refuses to accept
delivery, the effective date of discipline shall be the date the post
office attempted delivery.
(b) Discipline Appeal Procedures — The following discipline appeal procedures
shall not apply to the City's at-will employees. The City's at-will positions are
defined in the City of Grand Terrace Municipal Code Section 2.24.
Accordingly, at-will employees may be terminated without cause.
(1) The following discipline appeal procedure shall only apply in the case of a
disciplinary action of suspension without pay of more than three days,
demotion,reduction in pay or dismissal.
(a) Request for Appeal Hearing, — An employee who receives a final
notice of discipline shall have five working days from receipt of
the notice or attempted delivery by the post office of the notice to
i
1
31
RESOLUTION N6. 2015-05 PAGE 41 OF 73 APRIL 14, 2015
1
the last known address of the employee, to file with the Personnel
Officer a written request for an appeal hearing. If the employee
fails to file a written request for an appeal hearing within the
aforementioned time frame, the employee will have waived his/her
right to an appeal hearing and appeal of the discipline.
(b) Hearing Officer — The appeal hearing officer shall be the City
Manager or a designated hearing officer by the City Manager. The
City Manager shall determine who will serve as the hearing
officer.
(a) In cases where the City Manager must serve as the Skelly
officer, the City Manager shall not be the appeal hearing
officer. Nor in such case shall the City Manager participate in
the designation of the hearing officer. In such cases, the City
Council shall hear the appeal or designate a hearing officer to
hear the appeal on its behalf. The City Council shall determine
who will serve as the hearing officer.
(c) Hearing Date—After the selection of a hearing officer, a date shall
be selected by the Personnel Officer for the hearing. The
employee shall be notified in writing at least 10 working days prior
to the hearing of the scheduled date.
(d) Prehearing Notice of Witnesses — Five working days prior to a
hearing, each party shall identify to the opposing party all
witnesses and documents which the party disclosing the
information intends to use at the hearing. Failure to disclose a
witness or document shall require its exclusion from the hearing.
(e) Hearing Closed—The hearing shall be a closed hearing unless the
employee requests in writing five working days prior to the hearing
that the hearing be open to the public.
(f) Record of Hearing — The hearing shall be recorded, either
electronically or by a court reporter, at the option of the City. If
the employee requests a court reporter, the employee shall pay the
cost of the reporter. Any party who requests a transcript of the
proceedings must pay for his/her/its own copy of the transcript.
(g) Subpoenas — Upon the request of either party, and upon his/her
own motion, the hearing officer shall have the power to issue
subpoenas to compel attendance at any hearing held under this
rule. Each party is responsible for serving his/her own subpoenas.
City employees who are subpoenaed to testify during working
hours will be released with pay to appear at the hearing. City
employees who are subpoenaed to testify during non-working
1
32
RESOLUTION NO. 2015-05 PAGE 42 OF 73 APRIL 14, 2015
hours will be compensated for the time they actually testify and for
which they are engaged to wait to testify.
(h) Employee Appearance — The employee shall appear personally
before the hearing officer at the time and place set for the hearing.
The employee may be represented by any person he or she may
select.
(2) Conduct at the Hearing
(a) All testimony shall be by oath or affirmation.
(b) The conduct and decorum of the hearing shall be under the control
of the hearing officer. No parry or representative shall by written
submission or oral presentation disparage the intelligence, integrity
or personal behavior of their adversaries or the hearing officer.
(c) Direct and cross-examination of witnesses shall be permitted.
(d) Hearings need not be conducted according to technical rules
relating to evidence and witnesses,but hearings shall be conducted
in a manner most conducive to determining the truth.
(e) The quantum of proof to be applied by the hearing officer shall be
( a preponderance'of the evidence.
(f) The hearing officer shall not have the power to alter, amend,
change, add to, or subtract from any of the terms of these rules or
City Council resolution bearing upon the matter.
(3) Decision — Within 45 days of the conclusion of the hearing, the hearing
officer shall make findings and a recommended decision with reference to
the discipline imposed. In doing so, the hearing officer's findings and
recommendations must address all charges, and shall articulate reasoning
which bridges the analytical gap between the evidence and the
findings/recommendations.
(a) If the City Manager, or City Council where the City Manager is
not conducting the appeal, did not serve as the hearing officer,
he/she/it shall review the findings and recommendations of the
designated hearing officer and may then affirm, revoke, or modify
the findings,recommendations, or disciplinary action taken.
(b) The decision of the City Manager/City Council is final except for
judicial review pursuant to Code of Civil Procedure §1094.5.
There is no process for reconsideration.
(c) A copy of the decision shall be sent by mail method that verifies
delivery to the last known address of the employee. It shall be the
Lv
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RESOLUTION NO. 2015-05 PAGE 43 OF 73 APRIL 14, 2015
a '
responsibility of the employee to inform the City of his/her
address. A copy of the decision shall also be provided to the
Personnel Officer.
(d) Challenge by Writ — Pursuant to Code of Civil Procedure section
1094.6, the parties have 90 days from the date of the proof of
service of mailing of the written findings and decision to appeal
the City's decision on the appeal to the Superior Court in and for
the County of San Bernardino.
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RESOLUTION NO. 2015-05 PAGE 44 OF 73 APRIL 14,2015
SECTION 17 GRIEVANCE PROCEDURE
17.1 A grievance is an alleged violation of a specific provision of these rules and regulations.
The following grievance procedure shall apply to all City employees, except in instances where
the discipline policy and procedures apply. The grievance procedure shall not be utilized to
challenge a performance evaluation.
17.2 Step I: Informal Resolution with Supervisor — The employee shall, within ten working
days of the event or action being grieved, first attempt to resolve the grievance informally
through discussion with his/her immediate supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-supervisor level. The immediate
supervisor shall provide a written response to the grievance within five working days of the
employee having initiated the grievance.
17.3 Step II: Department Head — If the employee believes that the grievance has not been
resolved through Step I, or the immediate supervisor does not provide a response within the
period set forth in 17.2 above, the employee may file written grievance with his/her Department
Head. Such appeal must be filed within 10 working days of the response provided by the
supervisor or, in the absence of such response, within ten working days of the expiration of the
time within which the supervisor is to have providee a response as set forth in 17. The grievance
must provide the specific rule(s) alleged to have been violated, a description of the facts upon
which the grievance is based and must be signed by the grievant. The Department Head shall
consider and discuss the grievance with the grievant and the grievant's designated representative
as he/she deems appropriate; and shall, within 10 working days of receipt of the written
\ grievance, submit his/her decision in writing to the grievant.
17.4 Step III: Personnel Officer — If the employee believes that the grievance has not been
resolved through Step II, the employee may appeal the grievance decision of the department
head with the Personnel Officer within ten working days of the Department Head response or, in
the absence of such response, within ten working days of the expiration of the time within which
the Department head is to have provided a response. The appeal must be in writing and provide
the specific rules) alleged to have been violated, a description of the facts upon which the
grievance is based and must be signed by the grievant. The Personnel Officer shall consider and
discuss the grievance with the grievant and the grievant's designated representative as he/she
deems appropriate, and shall, within ten calendar days of receipt of the written grievance, submit
his/her decision in writing to the grievant. The decision of the Personnel Officer shall be final.
17.5 Time Limits — Failure of the City to comply with the time limits of the grievance
procedure specified above shall entitle the grievant to appeal to the next level of review. Failure
of the grievant to comply with the time limits of the grievance procedure specified above shall
constitute abandonment of the grievance. The parties may extend time limits by mutual written
agreement in advance of the time limit deadline.
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RESOLUTION NO. 2015-05 PAGE 45 OF 73 APRIL 14, 2015
SECTION 18 PERSONNEL FILE
18.1 The City maintains a personnel file on each employee. An employee's personnel file will
contain only material that is necessary and relevant to the administration of the City's personnel
program. Personnel files are the property of the City, and access to the information they contain
is restricted.
18.2 Notification of Changes in Personal Information — Each employee is responsible to
promptly notify the Personnel Officer of any changes in relevant personal information, including
but not limited to:
(a) Mailing address
(b) Telephone number
(c) Persons to contact in emergency
(d) Number and names of dependents
18.3 Medical Information
(a) Separate Confidential Files — All medical information about an employee or
applicant is kept separately and is treated as confidential, in accordance with
applicable state or federal law.
(b) Information in Medical Files—The City will not obtain medical information about
an employee or applicant except in compliance with the California Confidentiality
of Medical Information Act. To enable the City to obtain certain medical
information, the employee or applicant may need to sign an AUTHORIZATION
FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION.
(c) Access to Medical Information — Access to employee or applicant medical
information shall be strictly limited to only those with a legitimate need to have
such information for City business reasons, or if access is required by law,
subpoena or court order. In the case of an employee with a disability, managers
and supervisors may be informed regarding necessary restrictions on the work or
duties of the employee and necessary accommodations.
(d) The City will not provide employee or applicant medical information to a third
party (except as permitted under the California Confidentiality of Medical
Information Act) unless the employee signs an AUTHORIZATION FOR
RELEASE OF EMPLOYEE MEDICAL INFORMATION in the form attached to
this rule. The City will release only the medical information that is identified in
the employee's authorization. If the employee's authorization ,indicates any
limitations regarding the use of the medical information, the City will
communicate those limitations to the person or entity to which it discloses the
medical information.
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RESOLUTION NO. 2015-05 PAGE 46 OF 73 APRIL 14, 2015
18.4 References and Release of Information in Personnel Files
(a) 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.
(b) Reference Checks — All requests from outside the City for reference checks or
verification of employment concerning any current or former employee must be
referred to the Personnel Officer.
(1) Information will be released only if the employee signs an
AUTHORIZATION FOR RELEASE OF EMPLOYMENT
INFORMATION in the form attached to,this rule, except that without
such authorization, the following limited information will be provided:
dates of employment, and salary upon departure.
(2) Department heads and supervisors should not provide information in
response to requests for reference checks or verification of employment,
unless specifically approved by the Personnel Officer on a case-by-case
basis.
18.5 Employee Access to Personnel File
(a) Inspection of File—An employee may inspect his or her own personnel file, at reasonable
times and at reasonable intervals. An employee who wishes to review his or her file
should contact the Personnel Officer to arrange an appointment. The review must be
done in the presence of the Personnel Officer or designee.
(b) Copies — On request, an employee is entitled to receive a copy of any employment-
related document he or she has signed. An employee who wishes to receive such a copy
should contact the Personnel Officer. The City may charge a reasonable fee for the
copies.
(c) In the event the employee wishes to have another person/representative inspect his or her
personnel file, the employee must provide the person/representative with written
authorization. The Personnel Officer will notify the employee of the date, time and place
of the inspection in writing. It is the employee's responsibility to notify the person to
whom the employee has given written authorization of the date, time and place of the
inspection.
(d) Under no circumstances is the employee and/or the employee's designee permitted to add
or remove any document or other item from the employee's personnel file during the
inspection.
r
37
RESOLUTION NO. 2015-05 PAGE 47 OF 73 APRIL 14, 2015
i t
SECTION 19 OUTSIDE EMPLOYMENT
19.1 A City employee shall not engage in any employment, enterprise, or outside activity
which is in conflict with his/her duties, functions, responsibilities, or the department by which
he/she is employed, nor shall an employee engage in any compensatory outside activity which
will directly, or indirectly, contribute to the lessening of his/her effectiveness as a City employee.
19.2 Authorization
(a) Any employee wishing to engage in an occupation or outside activity for
compensation shall inform the Department Head of such desire, providing
information as to the time required and the nature of such activity, and such other
information as may be required; and the Personnel Officer shall, determine
whether or not such activity is compatible with the employee's City employment.
(b) If the Personnel Officer determines such activity is compatible, he/she may
authorize the activity in writing using the "Outside Employment Form" to be
placed in the personnel file.
(c) Said authorization shall be valid only up to one year for the work prescribed
therein, and may include conditions or restrictions for such employment. After
such time, the employee must renew the request for authorization.
19.3 Determination of Inconsistent Activities -
(a) In making a determination as to the consistency or inconsistency of outside
activities, the Personnel Officer shall consider, among other pertinent factors
whether the activity:
(i) Involves the use for private gain or advantage of City time, facilities,
equipment, and supplies, or the badge, uniform, prestige, or influence of
one's City office or employment;
(ii) Involves receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an
act which the employee, if not performing such act, would be required or
expected to render in the regular course of his/her City employment;
(iii) Involves the performance of an act in other than his/her capacity as a City
employee which act may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement by such employee or the
department by which he/she is employed; and
(iv) Involves conditions or factors which would probably directly or indirectly
lessen the efficiency of the employee in his/her regular City employment
or conditions in which there is a substantial danger of injury or illness to
the employee.
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RESOLUTION NO. 2015-05 PAGE 48 OF 73 APRIL 14, 2015
19.4 Revocation
Authorization may be granted for up to one year as noted in the authorization, and is
subject to revocation by the Personnel Officer.
19.5 Appeal—Denial or revocation of permission to engage in Outside Employment is subject
to appeal pursuant to the grievance procedure set forth in these regulations.
19.6 Use of Cityquipment Prohibited
(a) No City owned equipment, autos, trucks, 'instruments, tools, supplies, machines,
or any other item which is the property of the City shall be used by an employee
while said employee is engaged in any outside employment or activity for
compensation, for personal use, except upon prior written approval of the City
Manager.
(b) No employee shall allow any unauthorized person to rent, borrow, or use any of
the items mentioned in (a) above, except upon prior written approval of the City
Manager.
19.7 Violations and Penalties
Any violation of the provisions herein contained respecting outside employment or activity and
use of City property shall constitute sufficient grounds for disciplinary action, including
termination of the employee from the City service.
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RESOLUTION NO. 2015-05 PAGE 49 OF 73 APRIL 14, 2015
SECTION 20 DISCRIMINATION. HARASSMENT AND RETALIATION POLICY
20.1 The purpose of this policy is to establish a strong commitment to prohibit and prevent
discrimination,harassment, and retaliation in employment; to define those terms; and to establish
a procedure for investigating and resolving internal complaints. The City requires all covered
individuals to report-as soon as possible-any conduct that is believed to violate this policy.
20.2 The City has zero tolerance for any conduct that violates this policy. Conduct need not
arise to the level of a violation of law to violate this policy. Instead a single act can violate this
policy and provide grounds for discipline or other appropriate sanctions.
20.3 Harassment or discrimination against an applicant or employee by a supervisor,
management employee, elected or appointed official, co-worker, member of the public, or
contractor on the basis of race, color, religion, sex, gender, gender expression, gender identity,
national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical
condition, genetic information, sexual orientation, veteran status or any other basis protected by
law as defined below, will not be tolerated.
20.4 This policy applies to all terms and conditions of employment, including, but not limited
to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence,
compensation, and training.
20.5 Disciplinary action or other appropriate sanction up to and including termination will be
instituted for prohibited behavior as defined below.
20.6 Any retaliation against a person for filing a complaint or participating in the complaint
resolution process is prohibited. Individuals found to be retaliating in violation of this policy
will be subject to appropriate sanction or disciplinary action up to and including termination.
20.7 Definitions
(a) Protected Classification — This policy prohibits harassment or discrimination
because of an individual's protected classification. "Protected Classification"
includes race, color, religion, sex, gender, gender expression, gender identity,
national origin, ancestry, citizenship, age, marital status, physical or mental
disability, medical condition, genetic information, sexual orientation, veteran
status or any other basis protected by law.
(b) Policy Coverage — This policy prohibits the employer, elected or appointed
officials, officers, employees or contractors from harassing or discriminating
against applicants, officers, officials, employees, or contractors because of. 1)
an individual's protected classification; 2) the perception that an individual has
a protected classification; or 3) the individual associates with a person who has
or is perceived to have a protected classification.
(c) Discrimination— This policy prohibits treating individuals differently because
of the individual's protected classification as defined in this policy.
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RESOLUTION NO. 2015-05 PAGE 50 OF 73 APRIL 14,2015
(d) Harassment — Harassment may include, but is not limited to, the following
types of behavior that is taken because of a person's protected classification.
Note that harassment is not limited to conduct that City employees take. Under
certain circumstances,harassment can also include conduct taken by those who
are not employees, such as elected officials, appointed officials, persons
providing services under contracts, or even members of the public:
(1) Speech, such as epithets, derogatory comments or slurs, and
propositioning on the basis of a protected classification. This might
include inappropriate comments on appearance, including dress or
physical features, or dress consistent with gender identification, or race-
oriented stories and jokes.
(2) Physical acts, such as assault, impeding or blocking movement, offensive
touching, or any physical interference with normal work or movement.
This includes pinching, grabbing, patting, propositioning, leering, or
making explicit or implied job threats or promises in return for submission
to physical acts.
(3) Visual acts, such as derogatory posters, cartoons, emails, pictures or
drawings related to a protected classification.
(4) Unwanted sexual advances, requests for sexual favors and other acts of a
sexual nature, where submission is made a term or condition of
employment, where submission to or rejection of the conduct is used as
the basis for employment decisions, or where the conduct is intended to or
actually does unreasonably interfere with an individual's work
performance or create an intimidating, hostile, or offensive working
environment.
(e) Guidelines for Identif3ing Harassment — To help clarify what constitutes
harassment in violation of this policy,use the following guidelines:
(1) Harassment includes any conduct which would be "unwelcome" to an
individual of the recipient's same protected classification and which is
taken because of the recipient's protected classification.
(2) It is no defense that the recipient appears to have voluntarily "consented"
to the conduct at issue. A recipient.may not protest for many legitimate
reasons, including the need to avoid being insubordinate or to avoid being
ostracized.
(3) Simply because no one has complained about a joke, gesture, picture,
physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be
tolerated up to a point. The fact that no one is complaining now does not
preclude anyone from complaining if the conduct is repeated in the future.
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RESOLUTION NO. 2015-05 PAGE 51 OF 73 APRIL 14, 2015
(4) Even visual, verbal, or physical conduct between two employees who
appear to welcome the conduct can constitute harassment of a third
applicant, officer, official, employee, or contractor who observes the
conduct or learns about the conduct later. Conduct can constitute
harassment even if it is not explicitly or specifically directed at an
individual.
(5) Conduct can constitute harassment in violation of this policy even if the
individual engaging in the conduct has no intention to harass. Even well-
intentioned conduct can violate this policy if the conduct is directed at, or
implicates a protected classification, and if an individual of the recipient's
same protected classification would fmd it offensive (e.g., gifts, over
attention, endearing nicknames).
(f) Retaliation — Any adverse conduct taken because an applicant, employee, or
contractor has reported harassment or discrimination, or has participated in the
complaint and investigation process described herein, is prohibited. "Adverse
conduct" includes but is not limited to: taking sides because an individual has
reported harassment or discrimination, spreading rumors about a complaint,
shunning and avoiding an individual who reports harassment or discrimination,
or real or implied threats of intimidation to prevent an individual from
reporting harassment or discrimination. The following individuals are
protected from retaliation: those who make good faith reports of harassment or
discrimination, and those who associate with an individual who is involved in
reporting harassment or discrimination or who participates in the complaint or
investigation process.
20.8 Actions to be Taken Upon Learning of Possible Harassment or Discrimination
(a) Upon becoming aware of possible harassment or discrimination, any supervisor or
manager shall immediately:
(1) Take steps to ensure that the complained of conduct ceases and does not
recur.
(2) Report the possible harassment or discrimination through the chain of
command to the Personnel Officer for further investigation and action as
may be appropriate.
(b) Upon receiving notification of a harassment or discrimination complaint, the
Personnel Officer shall:
(1) Authorize and supervise the investigation of the complaint and/or
investigate the complaint. The investigation will include interviews with:
1) the complainant; 2) the accused harasser; and 3) other persons who
have relevant knowledge concerning the allegations in the complaint.
(2) Review the factual information gathered through the investigation to
determine whether the alleged conduct constitutes a violation of this —.
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RESOLUTION NO. 2015-05 PAGE 52 OF 73 APRIL 14, 2015
policy or of state or federal law, giving consideration to all factual
information, the totality of the circumstances, including the nature of the
conduct, and the context in which the-alleged incidents occurred.
(3) Report a summary of the determination as to whether a violation occurred
to appropriate persons, including the complainant, the alleged violator, the
supervisor, and the department head. If discipline is imposed, the level of
discipline will not be communicated to the complainant.
(4) If conduct in violation of this policy occurred, take or recommend to the
appointing authority prompt and effective remedial action. The remedial
action will be commensurate with the severity of the offense.
(5) Take reasonable steps to protect the complainant from further harassment,
discrimination, or retaliation.
(6) Take reasonable steps to protect the complainant from retaliation as a
result of communicating the complaint.
(c) The City takes a proactive approach to potential policy violations and will
conduct an investigation if its supervisors, or managers become aware that
harassment, discrimination, or retaliation may be occurring, regardless of whether the
recipient or third party reports a potential violation.
(d)Option to Report to Outside Administrative Agencies n� — An individual has the
option to report harassment, discrimination, or retaliation to the U.S. Equal
Employment Opportunity Commission (EEOC) or the California Department of Fair
Employment and Housing (DFEH). These administrative agencies offer legal
remedies and a complaint process. The nearest offices are listed in the government
section of the telephone book or employees can check the posters that are located on
City bulletin boards for office locations and telephone numbers.
20.9 Confidentiality — Every possible effort will be made to assure the confidentiality of
complaints made under this policy. Complete confidentiality cannot occur, however, due to the
need to fully investigate and the duty to take effective remedial action. As a result,
confidentiality will be maintained to the extent possible.
(a) An individual who is interviewed during the course of an investigation is
prohibited from discussing the substance of the interview, except as otherwise
directed by the Personnel Officer.
(b) Any individual who discusses the content of an investigatory interview will be
subject to discipline or other appropriate sanction.
(c) The City will not disclose a completed investigation report except as it deems
necessary to support a disciplinary action, to take remedial action, to defend itself
in adversarial proceedings, or to comply with the law or court order.
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RESOLUTION NO. 2015-05 PAGE 53 OF 73 APRIL 14,2015
20.10 Responsibilities
(a) (Managers and Supervisors — All City managers and supervisors are responsible
for:
(1) Informing employees of this policy.
(2) Modeling appropriate behavior.
(3) Taking all steps necessary to prevent harassment, discrimination, or
retaliation from occurring.
(4) Receiving complaints in a fair and serious manner, and documenting steps
taken to resolve complaints.
(5) Monitoring the work environment and taking immediate appropriate
action to stop potential violations, such as removing inappropriate pictures
or correcting inappropriate language.
(6) Following up with those who have complained to ensure that the-behavior
has stopped and that there are no reprisals.
(7) Informing those who complain of harassment or discrimination of his .or
her option to contact the EEOC or DFEH regarding alleged policy
violations.
(8) Assisting, advising, or consulting with employees and the Personnel
Officer regarding this policy and complaint procedure.
(9) Assisting in the investigation of complaints involving employee(s) in their
departments and, if the complaint is substantiated, recommending
appropriate corrective or disciplinary action in accordance with these
rules,up to and including discharge.
(10) Implementing appropriate disciplinary and remedial actions.
(11) Reporting potential violations of this policy of which he or she becomes
aware, regardless of whether a complaint has been submitted, to the
Personnel Officer or department head.
(12) Participating in periodic training and scheduling employees for training.
(b) Employees—Each employee or contractor is responsible for:
(1) Treating all employees and contractors with respect and consideration.
(2) Modeling appropriate behavior.
(3) Participating in periodic training.
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RESOLUTION NO. 2015-05 PAGE 54 OF 73 APRIL 14, 2015
(4) Fully cooperating with the City's investigations by responding fully and ,
truthfully to all questions posed during the investigation.
(5) Maintaining the confidentiality of any investigation that the employer
conducts by not disclosing the substance of any investigatory interview,
except as directed by the Personnel Officer.
(6) Reporting any act he or she believes in good faith constitutes harassment,
discrimination, or retaliation as defined in this policy, to his or her
immediate supervisor, or department head, or Personnel Officer.
20.11 Dissemination of Policy — All employees shall receive a copy of this policy when they
are hired. The policy may be updated from time to time and redistributed.
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RESOLUTION NO. 2015-05 PAGE 55 OF 73 APRIL 14, 2015
SECTION 21 POLITICAL ACTIVITY POLICY
21.1 The City recognizes the importance of citizens being involved in the political and
government process and being informed on public issues and candidates for public office.
However, federal, state, and local law determines what is legal versus illegal political activity.
21.2 This policy applies to all City employees including the City Manager, department heads
and supervisors.
21.3 It is unlawful for the City or its employees to expend City funds on partisan and/or
political matters, and on other issues that are on a ballot for an election. Additionally, this policy
prohibits the use of employees' time, City equipment and supplies, and the payment of expenses
for City officials who travel for the purpose of promoting a particular view on political matters
except those expressly supported and/or sponsored by an act of the City Council.
21.4 The City may also prohibit or limit the solicitation or receipt of political funds or
contributions to promote the passage or defeat of a ballot measure concerning working
conditions during the working hours of its officers and employees. The City also has the right to
limit entry into City offices for such purposes during working hours.
21.5 California Government Code prohibits officers and employees of the City from directly
or indirectly soliciting political funds or contributions from other officers or employees of the
City unless the solicitation is done through the mail and is part of a solicitation directed to a large
segment of the public, which may incidentally include officers from and employees of the City.
This is designed to protect employees from feeling pressured into contributing to political causes
or for fear that if they fail to do so, their job will be affected.
21.6 No City employee or official shall participate in political activities of any kind while in
uniform or other clothing issued by the City and which would reasonably identify the wearer as a
City employee.
21.7 City employees and officials are-prohibited from engaging in political activity or
solicitation during working hours and on City property.
21.8 The City expects all employees and elected and appointed officials to be responsible for
adhering to the City's policy regarding political activities. Additionally, contractors, consultants,
or others doing business for or with the City will be required to abide by the City's policy
regarding political activities while engaged in City business or activities.
21.9 It is the responsibility of the City Manager, all Department Heads, and other supervisors
to use their best efforts to take necessary and proper steps, including corrective or disciplinary
action,to prevent improper or illegal political activities by City employees.
21.10 Any employee who feels that improper political activities are occurring on City property
is strongly encouraged to report this to his/her supervisor, department head, or the Personnel
Officer.
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RESOLUTION NO. 2015-05 PAGE 56 OF 73 APRIL 14, 2015
21.11 In determining whether a reported political activity is improper, management will
consider the totality,of circumstances, the nature of the act or behavior, and the context in which
the reported incident occurred.
21.12 Individuals found to have engaged in any form of improper or illegal political activity, as
defined by this policy or by law, will be subject to disciplinary action, according to the City's
corrective and disciplinary procedures, which will be based on a number of factors including the
severity of the conduct and the past history of the individual's conduct. _
21.13 Questions about this policy should be directed to the Personnel Officer.
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RESOLUTION NO. 2015-05 PAGE 57 OF 73 APRIL 14, 2015
SECTION 22 DRUG AND ALCOHOL POLICY
22.1 The City is concerned about employees being under the influence of, using and/or being
in possession of alcohol, drugs and/or controlled substances at work. The purpose of this policy
is to promote a drug and alcohol-free workplace and to eliminate substance abuse and its effects
in the workplace.
22.2 The manufacture, distribution, dispensation, possession, or use of alcohol or any
controlled substance is prohibited in both City workplaces and wherever City business is
performed.
22.3 A City employee is prohibited from working or being subject to call in if impaired by
alcohol or any controlled substance.
22.4 An employee must notify his/her Department Head before beginning work when taking
medications or drugs which the employee has been told or which the employee believes could
interfere with the safe and effective performance of duties or operation of City equipment. If
there is a question regarding an employee's ability to perform assigned duties safely and
effectively while using prescribed or over the counter medications, the City may require medical
clearance.
22.5 Compliance with this policy is a condition of City employment. Disciplinary action will
be taken against those who violate this policy.
22.6 Employees who are required to participate in the City's "Federally Mandated
Commercial Drivers License Holders Drug/Alcohol Testing Education Program" are subject to
requirements contained in this policy as well as the mandated policy.
22.7 Scope of Policy — This policy applies to all City employees when they are on City
property or when performing City-related business elsewhere.
22.8 Searches — In order to promote a safe, productive and efficient workplace, the City has
the right to search and inspect all City property, including but not limited to lockers, storage
areas, furniture, City vehicles, and other places under the common control of the City, or joint
control of the City, and employees. No employee has any expectation of privacy in any City
building,property, or communications system.
(a) In addition, the City may have the right to conduct searches of the persons of
employees where there is reasonable suspicion that such a search may reveal evidence germane
to an investigation of a violation of law or of these personnel regulations.
22.9 Drug and Alcohol Testing — Except as provided otherwise in a memorandum of
understanding, or as modified for employees who are required to participate in the City's
"Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education
Program,"the City has discretion to test a current employee for alcohol or drugs in the following
instances:
(g) Reasonable Suspicion Testing
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RESOLUTION NO. 2015-05 PAGE 58 OF 73 APRIL 14, 2015
r.
(1) The City may require a blood test,urinalysis, or other drug and/or alcohol
screening of those persons reasonably suspected of using or being under
the influence of a drug or alcohol at work.
(a) Testing must be approved by the Personnel Officer.
(b) The type of testing to be completed will be determined by the City
based on the nature of the substance in question.
(2) "Reasonable suspicion" is based on objective factors, such as behavior,
speech,body odor, appearance, or other evidence of recent drug or alcohol
use which would lead a reasonable person to believe that the employee is
under the influence of drugs or alcohol at work.
(a) In order to receive authority to test, the supervisor must record the
factors that support reasonable suspicion and discuss the matter
with the Personnel Officer or Department Head.
(b) If there is a reasonable suspicion of drug or alcohol abuse at work,
the employee will be relieved from duty and placed on sick or
other paid leave until the test results are received.
(h) Post-Accident Testing — The City may require alcohol or drug screening
following any work-related accident or any violation of safety precautions or
\ standards, whether or not an injury resulted from the accident or violation,
provided that the"reasonable suspicion"factors described above are present.
22.10 Employee's Responsibilities
A City employee must:
(a) Not report to work or be on standby or on-call status while his or her ability to
perform job duties is impaired due to on or off duty alcohol or drug use;
(b) Not possess or use controlled substances (illegal drugs or prescription drugs
without a prescription) at any time, or use alcohol at any time while on City
property or while on duty for the City at any location;
(c) Not directly or indirectly through a third party manufacture, sell, distribute,
dispense, or provide controlled substances to any person, including any
employee, at any time; or manufacture, sell, distribute, dispense or provide
alcohol to any employee while either or both are on duty;
(d) Notify his or her supervisor, before beginning work, when taking any
medications or drugs,prescription or nonprescription, which may interfere with
the safe and effective performance of duties or operation of City equipment;
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RESOLUTION NO. 2015-05 PAGE 59 OF 73 APRIL 14, 2015
(e) Notify the Personnel Officer of any criminal conviction for a drug violation
that occurred in the workplace within no more than five days after such
conviction;
(f) Notify the supervisor immediately of facts or reasonable suspicions when he or
she observes behavior or other evidence that a fellow employee poses a risk to
the health and safety of the employee or others;
(g) Consent to drug or alcohol testing and searches pursuant to this policy; and
(h) Follow the City's drug and alcohol-free workplace policy.
22.11 Management Responsibilities — City department heads and executive management
employees must:
(a) Notify the state or federal granting agency which has funded the work or
program, if any, of any criminal drug statute convictions for a violation that
occurred at a site where work is/was being done with a specific grant or
contract;
(b) Record factors supporting "reasonable suspicion" as defined above and
consult with other management staff in order to determine whether there is
reasonable suspicion to test an employee as described by this policy;
(c) Take appropriate disciplinary action up to and including termination for
any criminal drug statute conviction that has a nexus to the employee's
employment, or require that the convicted employee participate satisfactorily in
a drug abuse assistance or rehabilitation program as a condition for returning to
duty;
(d) Take appropriate disciplinary action for any violation of this policy
consistent with existing discipline procedures;
(e) Enforce this policy;
(f) Report any suspected violation of this policy to the Personnel Officer; and
(g) Any supervisor who knowingly permits a violation of this policy by any
employee shall be subject to disciplinary action.
22.12 Drug-Free Awareness Program—The City shall notify each employee of the availability
of counseling and treatment of drug-related problems through the City's Employee Assistance
Program provider.
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RESOLUTION NO. 2015-05 PAGE 60 OF 73 APRIL 14,2015
SECTION 23 USE OF CITY PROPERTY AND EQUIPMENT POLICY
23.1 City property is to be used only for conducting City business unless otherwise authorized.
City property includes,but is not limited to: telephones, cell phones, desks, computers (including
hardware and software), file cabinets, lockers, communications stored or transmitted on City
property (such as e- and voice-mails), vehicles and any other City property used by City
employees in their work. Employees do not have a reasonable expectation of privacy in City
property or equipment.
23.2 City property may be monitored and searched at any time and for any reason. Messages
sent or received on City equipment including cell phones may be saved and reviewed by others.
As a result, City employees have no expectation of privacy in the messages sent or received on
City property or equipment.
23.3 Every City employee is required to adhere to all City rules and policies while on City
property or using City property or equipment.
23.4 Use of City Vehicles—
(a) This policy establishes procedures regarding the effective and economical usage
of City owned pool and privately owned vehicles operated during the course of
City business. Use of City owned pool vehicles shall be relied upon as the
primary means of vehicle usage for City business, as it provides the greatest
control over operating costs,usage,maintenance, inspection and insurance.
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(b) This policy has been approved by the City for use in matters regarding the use of
all vehicles operated during the course of City business. This policy does not
apply to commercial motor vehicles.
(c) Assignment of Responsibility—
(1) The Personnel Officer shall keep a list of all employees who may be
required to drive City owned pool or privately owned vehicles on City
business.
(2) The Personnel Officer shall also be responsible for overseeing the
implementation of necessary driver training programs and ensuring that
employees who require such training are in attendance.
(3) All City employees whose duties may require them to drive in the course
and scope of employment shall promptly provide insurance and driver
license information at the time City employment is established. Employees
are to comply with all training and other reporting requirements of this
policy.
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RESOLUTION NO. 2015-05 PAGE 61 OF 73 APRIL 14, 2015
(d) Use of City Owned Vehicles—
(1) City owned pool vehicles fall into the following three categories and have
restrictions based upon type and use:
(i) Vehicles kept overnight at City facilities and assigned for use on a
shared or designated basis during the course of daily City business.
Personal use is expressly prohibited.
(ii) Vehicles assigned to managers on a permanent basis, and used for daily
commuting to and from the City. According to the Internal Revenue
Service, commuting to and from work and any other incidental personal
usage is not considered official use, and must be reported as imputed
taxable income.
(iii)Vehicles designed for emergency or on-call use, and authorized for use
to and from work in order to respond on a 24-hour basis. Employees
authorized to operate emergency or on-call vehicles may make
reasonable but limited stops before and after assigned work shifts while
traveling to and from work.
(iv)Only City employees are authorized to operate City owned pool
vehicles.
(2) City owned pool vehicles are for transporting only those employees whose
duties require the use of a motor vehicle, and such other persons whose business
activities are important to City interests.
(i) In general, family members, friends or others may not be transported in
City owned pool vehicles, including in those vehicles authorized for use
commuting to and from the City or designated for emergency or on-call
use. Prior written approval from the Personnel Officer is required before
transporting family members, friends or others.
(ii) Employees who have a City owned pool vehicle permanently assigned
to them and/or City owned pool vehicles assigned for use within their
department are responsible for ensuring that only those persons with a
valid driver's license and on official City business are allowed use of the
City owned pool vehicle.
23.5 Use of Privately Owned Vehicles — There are times where the use of an employee's
personal vehicle is preferable because either a City owned pool vehicle is not available or
because the use of a privately owned vehicle is deemed more efficient. When such is the case,
the following shall apply:
(a) An employee may use his/her privately owned vehicle when he/she
has a transportation need for City business and upon written
authorization by his/her supervisor. This written authorization
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RESOLUTION NO. 2015-05 PAGE 62 OF 73 APRIL 14, 2015
may be general and ongoing where the need to drive in the course
and scope of employment is recurrent or ongoing; or, may be
specific to a date if the need is an exception to the norm.
(b) Employees are to contact their personal insurance company if
involved in an accident while on City business. An Accident Kit
must be obtained from the Personnel Officer and kept with the
privately owned vehicle while operating on City business.
(c) . It is the responsibility of the individual utilizing his/her privately
owned vehicle to maintain accurate records of the purpose and
extent of his/her travel, and to make substantiated claims for
reimbursement. The vehicle and/or mileage allowance is intended
to cover the employee's cost of operating the vehicle.on City
business, including the cost of insurance. Further, all operating
expenses of the privately owned vehicles are to be borne by the
employee. This includes, but is not limited to, gasoline, oil,
maintenance, wear and tear, depreciation and insurance. The
reimbursement will be based on the current IRS reimbursement
amount.
(d) The City is not liable for any damage to an employee's personally
owned vehicle, unless caused by the City's negligence(employee's
negligence excepted). It is the responsibility of the employee
operating the vehicle to notify the Personnel Officer, the
Department of Motor Vehicles, and the employee's insurance
company in the case of any accident or damage.
23.6 Vehicle Operation Guidelines — Employees shall obey all federal, state and local laws
while operating either City owned pool or personally owned vehicles on official City business.
(a) It is the responsibility of the employee operating either a City owned pool or
personally owned vehicle to ensure that all persons in the vehicle fasten seat belts
before starting the engine of the vehicle and keep seat belts fastened throughout
the travel.
(b) The vehicle operator is responsible for assuring that all items of cargo, materials
or tools are properly secured.
(c) No person shall be allowed to ride on running boards, fenders, hoods, tailgates,
beds or other locations on a vehicle not designed or approved by the vehicle
manufacturer for passenger seating. An exception to this shall be emergency
vehicles and vehicles designed and equipped for passengers outside the cab area.
(d) Any injuries sustained by the vehicle operator or other employees while operating
a vehicle on City business shall be covered by workers' compensation.
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RESOLUTION NO. 2015-05 PAGE 63 OF 73 APRIL 14, 2015
f�
(e) No employee shall consume any alcoholic beverages, illegal drugs, or legal drugs
that would impair an employee's ability to drive prior to, or while driving either a
City owned vehicle or personally owned vehicle on official City business.
(f) Alcoholic beverages and drugs shall not be transported or placed in any City
owned pool vehicle. This does not apply to those employees whose city duties
necessitate transporting alcoholic beverages of drugs in the course and scope of
employment, i.e., evidence seized by public safety officers or code enforcement
personnel, maintenance personnel doing so to remove and dispose of such items
as unwanted refuse if not needed for evidentiary purposes, etc,.
(g) Any employee who operates a City owned pool vehicle, regardless of frequency,
is responsible for the proper care and operation of that vehicle.
(h) Any vehicle damage beyond normal wear and tear or that includes defects
affecting the safe operation of the vehicle must be documented and reported to the
Personnel Officer.
(i) No employee shall operate a City owned pool vehicle found to be in an unsafe
condition.
23.7 Driver's License —All City employees authorized to use City owned pool or personally
owned vehicles on City business must possess a valid California driver's license and provide
proof of licensing upon hire.
(a) All City employees must maintain in good standing a valid driver's license
appropriate for the class of vehicle to be driven and must carry that license
on their person while operating a City owned pool vehicle or privately
owned vehicles on City business.
(b) An employee whose driver's license is suspended or revoked for any
reason must notify the Personnel Officer no later than the first workday
following suspension or revocation of their driver's license. Such
employee shall not be allowed to operate any City owned pool or privately
owned vehicles on City business.
(c) Employees who possess temporary driving permits or hardship licenses
shall not be permitted to operate City or privately owned vehicles in the
performance of official City duties.
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RESOLUTION NO. 2015-05 PAGE 64 OF 73 APRIL 14,2015
SECTION 24 ELECTRONIC EQUIPMENT USE POLICY
24.1 The City provides electronic equipment to employees for use as tools for efficiency in
conducting City business.
(a) Electronic equipment includes instruments/devices such as:
(i) Landline telephones
(ii) Mobile/cellular telephones
(iii) Pagers
(iv) Computers
(v) Facsimile transmission(fax)machines
(vi) Photocopiers with and without scanning capabilities
(b) Electronic equipment also includes systems such as:
(i) E-mail
(ii) Internet and Intranet
(iii) Wireless networks
(iv) Data systems
(v) Voicemail
(vi) City network
24.2 Electronic equipment access is provided by the City to facilitate the performance of City
work.
(a) Incidental personal use is secondary, should not interfere or conflict with business
use or job performance, should clearly indicate that it is personal, not City,usage,
and is subject to regulation for cost controls.
(b) Electronic equipment must be used in compliance with applicable statutes,
regulations, and City policies including those that require a work environment
free from discrimination and harassment.
(c) Employees are expected to use common sense and judgment to avoid any
communication which is disrespectful, offensive or illegal.
24.3 Electronic equipment, and communications and content sent through the City's electronic
equipment(e.g. e-mail, electronic files, text messages,voicemail), are not confidential.
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RESOLUTION NO. 2015-05 PAGE 65 OF 73 APRIL 14, 2015
. •
(a) Employees shall have no expectation of privacy.
(b) Employees acknowledge that the City has the right without prior notice to
monitor, review, access, retrieve and make proper and lawful use of all electronic
equipment, and electronic communications and content contained in and
transmitted through the City's network and outside providers of wireless or
electronic communications services.
(c) The existence of passwords or message delete functions does not restrict the
City's ability or right to access electronic equipment and communications and
content sent through the City's electronic equipment.
(d) In addition, where circumstances require, and the law allows, even
communications on privately held electronic equipment may be subject to
disclosure where the City has a legitimate business interest therein, i.e.,
investigations of employee misconduct, etc.
24.4 Communications Through Other Sysems or Networks - Certain communications and
content sent through the City's electronic equipment (e.g. e-mail, electronic files, text messages,
.voicemail) to recipients on networks/systems which are outside of the City pass through
networks/systems not managed by City. Some delivery methods and networks/systems impose
legal restrictions regarding the nature of messages allowed.
(a) Employees are expected to comply with all such regulations.
(b) Employees can create criminal and civil liability for themselves and the City by
using those systems in an offensive, defamatory or illegal manner. In such event
employees and other users may be subject to disciplinary action up to and
including termination.
24.5 Misuse-Without exhausting all the possibilities,the following are examples of misuse of
the City's electronic equipment:
(h) Any use that violates applicable law and/or City policies,rules or procedures.
(i) Exposing others unwillingly, either through carelessness or intention, to
material which is offensive, harassing, obscene or in poor taste. This includes
information which could create an intimidating, offensive or hostile work
environment.
0) Any use that may, for a reasonable person, create or further a hostile attitude or
give offense on the basis of race, color, religion, sex, gender, gender expression,
gender identity, national origin, ancestry, citizenship, age, marital status, physical or
mental disability, medical condition, genetic information, sexual orientation, veteran
status or any other basis protected by law.
(k) Communication of confidential City information to unauthorized individuals
within or outside of City.
i- ,
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RESOLUTION NO. 2015-05 PAGE 66 OF 73 APRIL 14, 2015
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(1) Unauthorized attempts to access data or break into any City or non-City
System.
(m) Theft or unauthorized copying of electronic files or data.
(n) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass
messaging communication.
(o) Intentional misrepresentation of one's identity for improper or illegal purposes.
(p) Personal commercial or business activities (e.g. "for sale" notices, personal
ads, etc.).
(q) Transmitting/accessing obscene material and/or pornography.
(r) E-Commerce.,
(s) Online gambling.
(t) Installing or downloading unauthorized software or equipment.
(u) Violating terms of software licensing agreements.
24.6 Consequences of Misuse - Employees shall be held accountable for misuse and may be
disciplined in accordance with applicable City rules. The City reserves the right to restrict or
-- rescind employees' access to electronic equipment at its discretion. The City reserves the right
to specify how the City's network resources will be used and administered to comply with this
policy.
24.7 Access to Remote Email - Unless specified in writing-by the Personnel Officer, non-
exempt employees are not authorized to have access to remote email via the web or mobile
phone.
24.8 City Email—The City's email system is an official communication tool for City business.
An official email address is established and assigned by the City to each employee the City
deems necessary.
(a) All City communications sent via email will be sent to and from this
address. City employees must use the official agency email, instead of their
private email address (such as yahoo, hotmail, etc.) when communicating agency
business via email.
(b) Should an email related to City business be sent to an employee's personal
email account, the email should be immediately forwarded to the employee's City
email account and responded to accordingly.
24.9 Cell Phone Use — All City issued cell phones are provided as a tool to conduct City -
related business. City cell phones are issued on an as-needed basis with the approval of the
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RESOLUTION NO. 2015-05 PAGE 67 OF 73 APRIL 14, 2015
Personnel Officer. All employees shall use such devices in a responsible, appropriate, and safe
manner.
(a) Employees are prohibited from installing any third party equipment to City cell
phones unless approved by the employee's supervisor in writing.
(b) Employees have no expectation of privacy as to data residing in
telecommunications devices and/or voice mail. The City may inspect that data
at any time and without notice, as permitted by state and federal law.
(c) Employees shall protect City cell phones from loss or damage. An employee
assigned a City phone is responsible for its good care and will be required to
reimburse the City's cost for any damage, or lost cell phones due to negligence.
If such device is damaged, fails to work properly, or is stolen or lost, the
employee shall immediately notify the Personnel Officer.
(d) City cell phones should only be used by employees in the performance of their
official duties. Personal use, beyond incidental use, of City cell phones is
strictly prohibited and will result in disciplinary action and reimbursement of
charges for personal use.
(e) Employees shall acquaint themselves with the rate plan that applies to their cell
phone and use their best efforts to make the most economical and cost efficient
use of the cell phone. Cell phones are unique in that they may have charges for
both in-coming and outgoing calls and texts. In addition, local calls can still
incur airtime charges if the plan minutes are exceeded. A call may be made
from a cell phone only if it cannot be made at any other time with a provided
wired landline telephone. Because cell phones have additional "air time" and
possible other charges, employees are expected to use a wired landline
telephone when available.
(f) Employees are prohibited from using the camera function on City cell phones,
except as authorized by a supervisor for work-related purposes.
24.10 Minimal Personal Use of Communications Equipment Permitted — City employees may
use City telephones and e-mail for incidental personal use provided that the use:
(a) Is kept to a minimum and limited to break times or non-working hours;
1
(b) Does not have any impact upon other City employees or operations;
(c) Allows the employee to more efficiently perform City work; and
(d) Is not abusive, illegal, or inappropriate.
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RESOLUTION NO. 2015-05 PAGE 68 OF 73 APRIL 14,2015
SECTION 25 SOCIAL MEDIA USE POLICY
25.1 The establishment and use by any employee of City social media sites are subject to
approval by the City Manager. The City Manager will determine the appropriate level of
employee access, which includes identifying what social media sources, or type of source, each
department or individual is approved to use, as well as define their respective capabilities, i.e.,
publish, edit, comment or view only.
25.2 The Personnel Officer will monitor content on City social media sites to ensure
adherence to this policy and the interests and goals of the City. The City reserves the right to
restrict or remove any content that is deemed in violation of this policy or any applicable law.
City social media sites are subject to the California Public Records Act. Any content maintained
in a social media format that is related to City business, including a list of subscribers, posted
communication, and communication submitted for posting, may be a public record subject to
public disclosure. There shall be no expectation of privacy in any content or comments on City
social media sites.
25.3 Employee Use of Social Media
(a) Employees are prohibited from using City electronic communications
resources, or work time, for personal social media use. Employees are
prohibited from using City email addresses to register on social networks,
blogs or other online tools utilized for personal use.
(b) Employees should avoid posting on any social media site: statements,
photographs, video or audio that reasonably could be viewed as malicious,
obscene, threatening or intimidating, that disparage City clients, co-
workers, or that might constitute harassment or bullying, particularly
where the site or the content thereof might reasonable demonstrate or infer
City employee or official City action. Examples of such conduct might
include offensive posts meant to intentionally harm someone's reputation
or posts that could contribute to a hostile work environment on the basis of
race, color, religion, sex, gender, gender expression, gender identity,
national origin, ancestry, citizenship, age, marital status, physical or
mental disability, medical condition, genetic information, sexual
orientation, veteran status or any other basis protected by law. If the
content posted violates any'City rule, the employee shall be subject to
disciplinary action.
(c) If an employee creates personal, non-work related content on a social
media site and the City is the subject of the content, the employee should
be clear and open about the fact that he/she is an employee and make it
clear that the views expressed do not represent those of the City, co-
workers, City clients, or people working on behalf of the City; and that the
employee is not speaking on behalf of City. The following disclaimer
may be used: "The postings on this site are my own and do not necessarily
reflect the views of the City."
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RESOLUTION NO.2015-05 PAGE 69 OF 73 APRIL 14,2015
SECTION 26. VIOLENCE IN THE:WORKPLACE.POLICY
26.1 The City is committed to providing a safe and secure workplace for employees and the
public. The City will not tolerate acts or threats of violence in--the workplace. The workplace
includes any location where City business is conducted, including vehicles and parking lots.
Any violation of this:policy may lead to criminal;prosecution, and/or disciplinary action,:up to
and including termination.
26.2. : Prohibited Behavior— Employees are:prohibited:from engaging in.or promoting acts.of.
intimidation, violence, _threats, coercion, assault and/or abusive behavior toward any person
while-in the.course of.City employment... .The' City.has zero .tolerance:for any.conduct :that
references workplace violence, even if it was intended to be harmless, humorous, a prank,
blowing'off steam; or:venting. ..
26.3 .. Weapons =Employees engaged in City business.are prohibited from.carrying weapons in
violation of any law or this policy_unless weapons are required for performance of the job.
26.4 .: Workplace Violence or Abuse—"Workplace Violence" is any conduct in the workplace,,
with malice, that:a.reasonable person: would find hostile, offensive, and.unrelated: to an
employer's legitimate business interests. Abusive conduct may include repeated infliction of
verbal abuse, such.as. the use of derogatory remarks, insults, and. epithets, -verbal or.physical
conduct that a reasonable person would- fmd threatening, intimidating, or humiliating;i or the
gratuitous sabotage or undermining of a.person's -work performance. Specific examples of
workplace violence include,but are.not limited.to, the following:
(a) Threats or acts of. physical harm directed 'toward .an 'individual or .his/her
family, friends, associates, or property. ...
(b) The destruction of or, threat of destruction of City property or another
employee's property.
(c) Harassing or threatening phone calls.
(d) Surveillance.
(e) Stalking.
(f) Possession of offensive or defensive weapons (firearms;, illegal knives, clubs,
mace, pepper spray, tear gas, etc.) unless specifically required or'authorized
and-approved by the Personnel Officer. Weapons are defined as firearms,
chemical sprays, clubs, or batons, and knives, and any other device, tool,
chemical agent or implement that can cause:bodily.harm if used-as a weapon or
displayed in such a manner to cause harm or threaten a person with harm.
26.5 Incident Reporting Procedures
(a) Employees shall immediately report workplace violence to their supervisor or
department director. The -supervisor or department director will report the
matter to the Personnel Officer:
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RESOLUTIONNO. 20.15-05 PAGE 70 OF 73 APRIL 14, 20.15
(b) The Personnel Officer shall document the incident, including the employee
names(s), date/time, location, incident description, witness names and
statements, description of unidentified parties, description of the act(s) and/or
behavior arising from the incident, action taken, and provide any other relevant
information regarding the incident.
(c) The Personnel Officer shall take appropriate steps to provide security, such as:
(1) Placing the employee alleged to have engaged in workplace violence on
administrative leave,pending investigation;
(2) Asking any threatening or potentially violent person to leave the site; or
(3) Immediately contacting an appropriate law enforcement agency.
26.6 Investigation—The Personnel Officer shall see that reported violations of this policy are
investigated as necessary.
26.7 Management Responsibility—Each department head has authority to enforce this policy
by:
(a) Training supervisors and subordinates about their responsibilities under this
policy;
' (b) Assuring that reports of workplace violence are documented accurately and
timely;
(c) Notifying the Personnel Officer and/or law enforcement authorities of any
incidents;
(d) Making all reasonable efforts to maintain a safe and secure workplace; and
(e) Maintaining records and follow up actions as to workplace violence reports.
26.8 Follow-Up Disciplinary Procedures —An employee found in violation of this policy will
be subject to disciplinary action, up to and including termination of employment. The City may
also direct that an employee submit to a fitness for duty examination. In addition, employees
found in violation of this policy may be subject to criminal prosecution.
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RESOLUTION NO. 2015-05 PAGE 71 OF 73 APRIL 14, 2015
SECTION 27 OTHER EMPLOYEE CONDUCT POLICIES
27.1 Dress Code Policy — Employees of the City are required to dress appropriately for the
jobs they are performing. Therefore, failure to follow the dress code regulations contained in this
section shall be grounds for discipline. The following dress code regulations shall apply to all
City employees.
(a) All clothing must be neat, clean, and in good repair.
(b) Prescribed uniforms and safety equipment must be worn.
(c) Foot wear must be appropriate for the work environment and functions
performed.
(d) Hair must be neat, clean and well-groomed.
(e) Beards, mustaches, and sideburns must be maintained in neat and well-
groomed fashion.
(f) Jewelry is acceptable except where it constitutes a health or safety hazard.
(g) Good personal hygiene is required.
(h) Dress must be appropriate to the work setting particularly if the employee has
public contact.
27.2 Tattoo and Body Art Policy — Employees of the City are expected to project a
professional appearance while at work. Therefore, failure to follow the regulations contained in
this section shall be grounds for discipline.
(a) No tattoos or body art are allowed anywhere on the head, face, or neck.
(b) Any visible tattoos or body art shall not be obscene, sexually explicit,
discriminatory to sex, race, religion, or national origin, extremist, and/or gang-
related.
(c) No visible tattoos or.body art shall be larger than 4 by 6 inches.
(d) Any non-conforming tattoos or body art will be covered with clothing,bandage
or makeup while at work or removed.
(e) If an employee has a question about how or whether the tattoo and body art
policy is or ought to be applicable to them, the matter should be immediately
raised with their supervisor for consideration and determination.
27.3 Piercing Policy — Employees of the City are expected to project a professional
appearance while at work and not endanger themselves or others with excessive body piercing.
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RESOLUTION NO. 2015-05 PAGE 72 OF 73 APRIL 14, 2015
Therefore, failure to follow the body piercing regulations contained in this section shall be
grounds for discipline.
(a) No objects, articles,jewelry or ornamentation of any kind shall be attached to
or through the skin if visible on any body part including the tongue or any part
of the mouth except that women may wear one set of reasonably-sized earrings
in each ear lobe..
(b) Any non-conforming piercing shall be removed, covered with a bandage, or
replaced with a clear,plastic spacer.
(c) If an employee has a question about how the piercing policy is applicable to
them, the matter should be immediately raised with their supervisor for
consideration and determination.
(d) If an employee has a question about how or whether the Piercing policy is or
ought to be applicable to them, the matter should be immediately raised with
their supervisor for consideration and determination.
27.4 Smoking/Use of Tobacco Products Policy— The City observes a policy of not allowing
smoking or the use of smokeless tobacco products in all City-owned vehicles and buildings
which includes the Civic Center Complex, the Fire Station, the Child Care Center, the Senior
Center, the Chamber of Commerce Office, the EOC Building, and the Maintenance Shop and
Offices. Smoking not only includes tobacco products, but also e-cigarettes or any other similar
product that produces, smoke, aerosol, and/or vapor.
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RESOLUTION NO. 2015-05 PAGE 73 OF 73 APRIL 14, 2015