2014-70 RESOLUTION NO. 2014 -070
A RESOLUTION OF THE CITY COUNCIL OF THE=CITY OF
GRAND TERRACE ADOPTING PERSONNEL,- RULES,
REGULATIONS AND POLICIES.
WHEREAS, the City Council is authorized and directed undertlie.provisions of Chapter
2.24.090 of the Grand Terrace Municipal Code to adopt rules for thb-/adininistration of the
personnel system 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. 2000-24, which includes the original City of Grand Terrace
Rules and Regulations, is hereby rescinded.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Personnel Rules and Regulations are hereby rescinded.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 25th day of November, 2014 by the following vote: =
AYES: Council Members McNaboe, Mitchell, Robles, Mayor Stanekiewi#z---
NOES: None =
ABSENT: None
ABSTAIN: None
�l
ATTEST: -
POO' 41
Pat qu ar Walt Stanckiewitz
City Clerk Mayor
APPROVED AS TO FORM:
Richard L. Adams, II
City Attorney
I, PAT JACQUEZ-NARES, CITY CLERK of the City of Grand Terrace, do hereby
certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City
Council held on the 251h day of November, 2014 by the following vote: -
AYES: Council Members McNaboe, Mitchell, Robles, Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
Pat Jacque - are
City Clerk .
i
C
ITY OF GRAND' '
TERRACE
Personnel Rules and Regulations
Adopted by Resolution 2014-070, November 25, 2014
TABLE OF CONTENTS
SECTION 1. INTRODUCTION
1.1 Purpose......................................................................................................................................1
1.2 Applicability of Rules...............................................................................................................1
1.3 Equal Employment Opportunity
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
2.6 At-Will Employee....................................................................................................................2
2.7 Certification.............................................................................................................................2
2.8 Child Care Employee...............................................................................................................2
J
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 Eligibility List .......................................................................................................................3
2.20 Employee ..............................................................................................................................3
2.21 Exempt Employees ...............................................................................................................3
2.22 Fringe Benefit(s) ...................................................................................................................3
2.23 Full-time Employee ..............................................................................................................3
2.24 Furlough ................................................................................................................................3
- 2.25 Interim Appointment .............................................................................................................3
2.26 Layoff....................................................................................................................................3
2.27 Leave .....................................................................................................................................3
2.28 Length of Service ..................................................................................................................3
2.29 Non-exempt Employee .........................................................................................................4
2.30 On-Call Employee ................................................................................................................4
2.31 Part-time Employee ..............................................................................................................4
2.32 Pay Rate ................................................................................................................................4
2.33 Personnel Officer ..................................................................................................................4
2.34 Position .................................................................................................................................4
2.35 Probationary Employee .........................................................................................................4
2.36 Promotion ..............................................................................................................................4
2.37 Regular Rate of Pay ..............................................................................................................4
2.38 Regular Employee .................................................................................................................4
2.39 Rejection ...............................................................................................................................4
2.40 Seasonal Employee ...............................................................................................................4
2.41 Suspension ............................................................................................................................4
2.42 Temporary Appointment .......................................................................................................5
2.43 Termination ...........................................................................................................................5
2.44 Transfer .................................................................................................................................5
2.45 Work Day ..............................................................................................................................5
SECTION 3. CLASSIFICATION PLAN
3.1 Classification Plan ..................................................................................................................6
3.2 Reclassification .......................................................................................................................6
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 7
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 ....................................................................................................10
SECTION 5. COMPENSATION....................................................................... See Appendix B
SECION 6. HEALTH AND RETIREMENT BENEFITS ............................... See Appendix B
SECTION 7. ATTENDANCE AND HOURS OF WORK
7.1 Hours of Work ......................................................................................................................14
7.2 Notification of Late Arrival or Absence ...............................................................................14
7.3 Meal Period ...........................................................................................................................14
7.4 Rest Period ............................................................................................................................14
SECTION 8. OVERTIME
8.1 Work Week ...........................................................................................................................15
8.2 Regular Rate of Pay ..............................................................................................................15
8.3 Overtime ...............................................................................................................................15
8.4 Prior Approval ......................................................................................................................15
8.5 Compensatory Time Off .......................................................................................................15
SECTION 9. PERFORMANCE EVALUATION
9.1 Performance Evaluations for Probationary Employees ........................................................16
9.2 Performance Evaluations for Regular Employees ................................................................16
9.3 Special Evaluations ...............................................................................................................16
9.4 Authority ...............................................................................................................................16
9.5 Performance Evaluation Meeting .........................................................................................16
9.6 No Appeal Right ...................................................................................................................16
1 SECTION 10. VACATION LEAVE AND HOLIDAYS
i
10.1 Vacation Leave 17
...................................................................................................................
10.2 Vacation Leave Accrual ......................................................................................................17
10.3 Scheduling of Vacation Leave ............................................................................................17
10.4 Unused Vacation Leave Upon Separation ..........................................................................18
10.5 Personal Leave for Child Care Employees .........................................................................18
10.6 Annual Holidays .................................................................................................................18
10.7 Effect of Holiday on Vacation Leave .................................................................................19
10.8 Floating Holidays ................................................................................................................19
10.9 Holiday Pay .........................................................................................................................19
SECTION 11. SICK LEAVE
11.1 Definition of Sick Leave .....................................................................................................20
11.2 Sick Leave Use ...................................................................................................................20
11.3 Abuse of Sick Leave ...........................................................................................................21
( 11.4 Excessive Use of Sick Leave ..............................................................................................21
11.5 Return to Work from Sick Leave ........................................................................................21
11.6 Sick Leave Accrual...............................................................................................................21
11.7 Reimbursement for Unused Sick Leave During Employment ..................... See Appendix B
11.8 Reimbursement for Unused Sick Leave Upon Separation .................................................22
SECTION 12. OTHER LEAVES
12.1 Management Leave .............................................................................................................23
12.2 Jury Duty Leave ..................................................................................................................23
12.3 Other Court Appearances ....................................................................................................23
12.5 Bereavement Leave ............................................................................................................23
12.6 Military Leave .....................................................................................................................23
12.7 School Related Leave .........................................................................................................24
12.8 Paid Administrative Leave ..................................................................................................24
12.9 Leave of Absence Without Pay ...........................................................................................24
SECTION 13. FAMILY AND MEDICAL CARE LEAVE
13.1 Statement of Policy .............................................................................................................25
13.2 Definitions............................................................................................................................25
13.3 Reasons For Leave ..............................................................................................................28
13.4 Employees Eligible For Leave ............................................................................................29
13.5 Amount Of Leave ...............................................................................................................29
13.6 Minimum Duration of Leave ..............................................................................................29
13.7 Spouses Both Employed by the City ..................................................................................29
13.8 Employee Benefits While On Leave ...................................................................................30
13.9 Substitution of Paid Accrued Leaves ..................................................................................30
13.10 Employee's Right to use Paid Accrued Leave Concurrently with Family Leave ............30
13.11 City's Right to Require an Employee to use Paid Leave when using
FMLA/CFRA Leave .....................................................................................................................30
13.12 City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with
OtherLeaves .................................................................................................................................31
13.13 City's and Employee's Right if an Employee Requests Accrued Leave without
MentioningFMLA or CFRA ........................................................................................................31
13.14 Medical Certification ........................................................................................................31
13.15 Time To Provide a Certification .......................................................................................31
13.16 Consequences for Failure to Provide an Adequate or Timely Certification .....................31
13.17 Recertification ...................................................................................................................31
13.18 Intermittent Leave or Leave on a Reduced Leave Schedule .............................................32
13.19 Employee Notice of Leave ................................................................................................32
13.20 Reinstatement Upon Return From Leave ..........................................................................32
13.21 Required Forms..................................................................................................................33
SECTION 14. PREGNANCY DISABILITY LEAVE
14.2 Notice & Certification Requirements ..................................................................................34
14.3 Compensation During Leave ..............................................................................................34
14.4 Benefits During Leave.........................................................................................................34
14.5 Reinstatement.......................................................................................................................34
SECTION 15. REASONABLE ACCOMMODATION AND FITNESS FOR DUTY
15.1 Reasonable Accommodation ..............................................................................................36
15.2 Fitness for Duty Examination .............................................................................................36
SECTION 16. RESIGNATION, LAYOFFS AND FURLOUGHS
16.1 Types of Separation ............................................................................................................38
16.2 Resignation .........................................................................................................................38
16.3 Job Abandonment ...............................................................................................................38
16.4 Layoff..................................................................................................................................38
16.5 Order of Layoffs .................................................................................................................3 8
16.6 Furloughs ............................................................................................................................38
SECTION 17. DISCIPLINE POLICY AND PROCEDURES
17.1 Causes for Discipline ..........................................................................................................39
17.2 Types of Discipline .............................................................................................................40
v
17.3 Discipline Procedures 40
17.4 Discipline Appeal Procedures .............................................................................................41
SECTION 18. GRIEVANCE PROCEDURE
18.2 Step I: Informal Resolution with Supervisor ......................................................................44
18.3 Step II: Department Head ...................................................................................................44
18.4 Step III: Personnel Officer ..................................................................................................44
18.5 Time Limits .........................................................................................................................44
SECTION 19. PERSONNEL FILE
19.2 Notification of Changes in Personal Information ...............................................................45
19.3 Medical Information............................................................................................................45
19.4 References and Release of Information in Personnel Files .................................................46
19.5 Employee Access to Personnel File.....................................................................................46
i
SECTION 20. OUTSIDE EMPLOYMENT -�
20.2 Authorization.......................................................................................................................47
20.3 Determination of Inconsistent Activities.............................................................................47
20.4 Revocation ..........................................................................................................................48
20.5 Use of City Equipment Prohibited ......................................................................................48
20.6 Violations and Penalties ......................................................................................................48
SECTION 21. DISCRIMINATION, HARASSMENT AND RETALIATION POLICY
21.7 Definitions ...........................................................................................................................49
21.8 Complaint Procedure ..........................................................................................................51
21.9 Confidentiality ....................................................................................................................52
21.10 Responsibilities...................................................................................................................52
21.11 Dissemination of Policy .....................................................................................................54
SECTION 22. POLITICAL ACTIVITY POLICY..................................................................55
SECTION 23. DRUG AND ALCOHOL POLICY..................................................................57
23.7 Scope of Policy ...................................................................................................................57
23.8 Searches ..............................................................................................................................57
23.9 Drug and Alcohol Testing ...................................................................................................57
23.10 Employee's Responsibilities...............................................................................................58
23.11 Management Responsibilities ............................................................................................59
23.12 Drug-Free Awareness Program ..........................................................................................59
SECTION 24. USE OF CITY PROPERTY AND EQUIPMENT POLICY
24.4 Use of City Vehicles ...........................................................................................................60
SECTION 25. ELECTRONIC EQUIPMENT USE POLICY................................................64
25.8 City Email ...........................................................................................................................66
25.9 Cell Phone Use ....................................................................................................................66
25.10 Minimal Personal Use of Communications Equipment Permitted 67
SECTION 26. SOCIAL MEDIA USE POLICY
26.3 Employee Use of Social Media ...........................................................................................68
SECTION 27. VIOLENCE IN THE WORKPLACE POLICY
27.2 Prohibited Behavior ............................................................................................................69
27.3 Workplace Violence ............................................................................................................69
27.4 Incident Reporting Procedures ...........................................................................................69
27.5 Investigation ........................................................................................................................70
27.6 Management Responsibility ................................................................................................70
27.7 Follow-Up Disciplinary Procedures ...................................................................................70
SECTION 28. OTHER EMPLOYEE CONDUCT POLICIES
28.1 Dress Code Policy ...............................................................................................................71
28.2 Tattoo Policy .......................................................................................................................71
28.3 Piercing Policy ....................................................................................................................71
- 28.4 Smoking Policy ...................................................................................................................72
APPENDIX A—LIST OF AT-WILL EMPLOYEES
APPENDIX B—COMPENSATION, BENEFITS AND LEAVE BUY-BACK
APPENDIX C—FURLOUGH PROVISIONS
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.
RESOLUTION NO. 2014-070 PAGE 1 OF 90 NOVEMBER 25, 2014
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-AuthoritX—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 temporary 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.
U 2.7 Certification — shall mean endorsement as meeting required minimum standards for a
vacant position.
2.8 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 may be
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.
RESOLUTION NO. 2014-070 PAGE 2 OF 90 NOVEMBER 25, 2014
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
elective office of City Clerk.
2.19 Eligibility List — shall mean the ranking of eligibility for a vacancy in order of overall
qualification.
2.20 Employ — 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.
2.21 Exempt Emploges — shall mean an employee who is designated by the City Manager as
exempt 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 Appendix A to the rules.
2.22 Fringe Benefit(s) — shall mean an employment benefit (health insurance, paid holiday,
etc.) granted by an employer that involves a money cost without affecting basic wage rates.
2.23 Full-time Employee — shall mean an employee whose position is budgeted to work 40
hours per week. Full-time employees receive all benefits.
2.24 Furlough— shall mean the temporary modification of normal working hours for reasons
of economy, efficiency or non-disciplinary reason.
2.25 Interim Appointment—shall mean a short-term appointment made from an eligibility list.
Intermittent Service- shall mean City service interrupted by separation.
2.26 Layoff — shall mean the involuntary separation of an employee from a position for
reasons of economy, efficiency or other non-disciplinary reason.
2.27 Leave — shall mean an approved type of absence from work as provided for by these
rules.
2.28 Length of Service — shall include Saturdays, Sundays, and other regular days off which
are immediately preceded or immediately followed by normal work days.
r'
RESOLUTION NO. 2014-070 PAGE 3 OF 90 NOVEMBER 25, 2014
y 2.29 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.
2.30 On-Call Employee— shall mean an employee that does not work a regular schedule, and
works intermittently as needed.
2.31 Part-time Employee — shall mean an employee whose position is budgeted to work less
than 40 hours per week. Part-time employees receive benefits as provided herein.
2.32 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.
2.33 Personnel Officer—shall mean the City Manager or his/her designee.
2.34 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.
2.35 Probationary Employee — shall mean an employee serving in the probationary period of
employment. Probationary employees are at-will employees.
2.36 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.
v 2.37 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.
2.38 Regular Employee — shall mean an employee who satisfactorily completes probationary
service and maintains continuing regular appointment.
2.39 Rejection — shall mean the dismissal from City service of an employee who has not
successfully completed the probationary period, or the return of a regular employee to a position
in which the employee previously acquired regular status who did not successfully complete a
promotional probationary period.
2.40 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.
2.41 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.
RESOLUTION NO. 2014-070 PAGE 4 OF 90 NOVEMBER 25, 2014
2.42 TemporaryAppointment— shall mean an appointment not made from an eligible list for
short-term employment. Unless specifically provided herein, temporary employees do not
receive any City benefits.
2.43 Termination — shall mean the separation of an employee from City service because of
retirement, resignation, death or dismissal.
2.44 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.
2.45 Work Day— shall mean the scheduled number of hours an employee is required to work
per day.
RESOLUTION NO. 2014-070 PAGE 5 OF 90 NOVEMBER 25, 2014
fi.
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.
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.
When a new position is created, 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.
The Personnel Officer shall determine whether to maintain or change the annual
performance review date of a reclassified employee.
RESOLUTION NO. 2014-070 PAGE 6 OF 90 NOVEMBER 25, 2014
! r
SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS r'
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;
- 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.
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.
4.4 Supplemental Information to Applications — Applicants may be required to provide
supplementary information, including but not limited to:
RESOLUTION NO. 2014-070 PAGE 7 OF 90 NOVEMBER 25, 2014
—� - 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 complete
drug and alcohol testing successfully prior to their initial employment by the City.
(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
RESOLUTION NO. 2014-070 PAGE 8 OF 90 NOVEMBER 25, 2014
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 may be released pursuant to state and federal
guidelines.
(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.
(h) An applicant or employee who is required to pass a medical and/or psychological
examination will be notified of his/her right to obtain a second opinion at his/her expense
and that he/she may submit such second opinions for consideration before a final
determination on disqualifications is made. The applicant/employee will submit such
opinion for consideration within 30 days of mailing of the notification that the
employee/applicant has failed the City's examination.
4.6 Eligibility 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). 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. 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.
(b) 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.
(b) An eligible applicant may be appointed to a position other than for the one which
the applicant originally applied.
RESOLUTION NO. 2014-070 PAGE 9 OF 90 NOVEMBER 25, 2014
(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) Regular ar Appointments — 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
l' continuous service. The Personnel Officer may extend the probationary period for an
additional period of up to six months of actual and continuous service.
(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. 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. 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.
(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—The following definitions apply:
"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.
RESOLUTION NO. 2014-070 PAGE 10 OF 90 NOVEMBER 25, 2014
"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.
"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.
(a) 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:
o A direct or indirect supervisory relationship;
o The two employees having job duties which require performance of shared duties
on the same or related work assignment;
o Both employees having the same immediate supervisor; or
o A potential for creating an adverse impact on supervision, safety, security, morale
or efficiency that is greater for relatives than for unrelated persons.
(b) Spouses or Domestic Partners — If two City employees who work in the same
department become spouses or domestic partners, the City director 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.
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.
RESOLUTION NO. 2014-070 PAGE 11 OF 90 NOVEMBER 25, 2014
a
SECTION 5. COMPENSATION
See Appendix B.
RESOLUTION NO. 2014-070 PAGE 12 OF 90 NOVEMBER 25, 2014
� f
SECTION 6. HEALTH AND RETIREMENT BENEFITS
See Appendix B.
RESOLUTION NO. 2014-070 PAGE 13 OF 90 NOVEMBER 25, 2014
i
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.
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.
RESOLUTION NO. 2014-070 PAGE 14 OF 90 NOVEMBER 25, 2014
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 if his or her supervisor agrees prior to overtime work being performed.
(a) Accrual Rate— CTO accrues at the rate of 1.5 hours for each hour worked over
(�1
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) Employeequest 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 will 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.
(d) 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.
RESOLUTION NO. 2014-070 PAGE 15 OF 90 NOVEMBER 25, 2014
SECTION 9. PERFORMANCE EVALUATION
9.1 Performance Evaluations for ProbationarEmployees — 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. The preparation of the six
and 12 month performance evaluations shall be mandatory. 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 Employ—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 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.
RESOLUTION NO. 2014-070 PAGE 16 OF 90 NOVEMBER 25, 2014
SECTION 10. VACATION LEAVE AND HOLIDAYS —.
10.1 Vacation Leave — The purpose of vacation leave is to enable each eligible employee to
return to his or her work mentally and physically refreshed. Each regular full-time and regular
part-time employee budgeted to work 20 or more hours per week, with the exception of Child
Care employees, shall be credited with annual vacation leave according to their number of years
of service as follows:
(a) Regular Full-Time Employees
Type of Employee Years of Received Received
Service Per Pay per
Period Annum
City Hall—Non-Exempt
Regular Full-Time Employee, Less than 3.08 80 hours
Exempt Employee 5 years
City Hall—Non-Exempt
Regular Full-Time Employee, 5— 10 4.62 120 hours
Exempt Employee years
City Hall—Non-Exempt
Regular Full-Time Employee, 10 or more 6.15 160 hours
Exempt Employee years
Child Care N/A N/A N/A
(b) Regular Part-Time Employees — Regular part-time employees budgeted to
work at least 20 hours per week shall receive vacation leave on a pro-rated basis, based
upon the rate provided to regular full-time employees.
10.2 Vacation Leave Accrual — No employee may accrue more than the equivalent of three
times the employee's annual vacation leave accrual rate. When an employee reaches the
equivalent of three times the employee's annual vacation leave accrual rate, he/she shall cease
earning vacation leave until the leave balance falls below the equivalent of three times the
employee's annual vacation leave accrual rate. The employee shall not forfeit any vacation leave
which has already accrued. The City may, at its discretion, require an employee to use accrued
vacation. Vacation leave will not accrue during leaves of absence without pay unless required by
law.
10.3 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.
10.4 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.
RESOLUTION NO. 2014-070 PAGE 17 OF 90 NOVEMBER 25, 2014
10.5 Personal Leave for Child Care Employees — Part-time Child Care employees budgeted
for 20 or more hours per week, and non-exempt full-time Child Care employees receive personal
leave on an accrual basis. This leave may be used for vacation or sick time. This time can be
used as it is earned.
(a) Earned personal leave will be credited upon completion of the first six months of
continuous service and every pay period thereafter.
(b) Employees shall accrue personal leave according to the same schedule and rules
as apply to vacation leave for City Hall employees.
(c) Requests for use of personal leave shall be approved in writing by the Department
Director or his/her designee.
10.6 Annual Holidays
(a) City Hall Employ— Each full-time, City Hall employee shall be entitled to
the following holidays with pay:
• New Year's Day
• Martin Luther King's Birthday
• President's Day
ja Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veteran's Day
• Day Before Thanksgiving Day
• Thanksgiving Day
• Christmas Eve
• Christmas Day
• New Year's Eve
(b) Child Care Employes — Each full-time, Child Care employee shall be entitled
to the following holidays with pay:
• New Year's Day
• Martin Luther King's Birthday
• President's Day
Memorial Day
• Independence Day
RESOLUTION NO. 2014-070 PAGE 18 OF 90 NOVEMBER 25, 2014
• Labor Day
• Veteran's Day
• 'Thanksgiving Day
• Day After Thanksgiving Day
• Christmas Eve
• Christmas Day
• New Year's Eve
If any such holiday falls on a Sunday, the Monday following shall be treated as the
holiday. If the holiday falls on a Friday or Saturday, the preceding work day shall be treated as
the holiday.
10.7 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.
10.8 FloatingH olidu—s — 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. 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.
Floating holidays may be used in conjunction with any designated holiday subject to advanced
approval by the department head.
10.9 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.
RESOLUTION NO. 2014-070 PAGE 19 OF 90 NOVEMBER 25, 2014
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 illness, injury, exposure to contagious disease, illness or injury of
a member of the employee's immediate family requiring the employee's attendance, and
medical, dental and optical appointments to the extent that such appointments cannot be
scheduled outside the work day. An employee's immediate family member shall consist of 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 the probationary period as provided in this policy.
(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.
RESOLUTION NO. 2014-070 PAGE 20 OF 90 NOVEMBER 25, 2014
(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. 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. 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 may be required to provide a
physician's certification certifying fitness for duty, and/or submit to and pass a fitness for duty
examination, 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.
11.6 Sick Leave Accrual
(a) All regular full-time employees, with the exception of Child Care employees,
will accrue eight hours of sick leave, for each calendar month of service spent as a City
employee, except that sick leave will not be granted to any employee during the first six
full calendar months of the employee's employment. Accrual of sick leave occurs bi-
weekly. Employees shall accrue sick leave on a pro-rated basis based on hours worked in
any month in which the employee is on unpaid leave status for part of the month. All
regular part-time employees shall accrue sick leave on a pro-rated basis based on hours
worked.
(b) Sick leave granted by the City and used by an employee will be deducted from
the employee's accrued sick leave balance.
(c) Employees granted a leave of absence with pay or other approved leave with 1
pay will accrue sick leave as provided herein.
RESOLUTION NO. 2014-070 PAGE 21 OF 90 NOVEMBER 25, 2014
r , (d) Sick leave will not be accrued by an 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.
11.7 Reimbursement for Unused Sick Leave During Employment
See Appendix B.
11.8 Reimbursement for Unused Sick Leave Upon Separation — Upon voluntary separation
from City employment, an employee shall be compensated for 40% of all unused accrued sick
leave at the employee's rate of pay at the time of separation. Upon payment, the total amount of
the employee's accrued sick leave shall be zero.
RESOLUTION NO. 2014-070 PAGE 22 OF 90 NOVEMBER 25, 2014
f
SECTION 12. OTHER LEAVES
12.1 Management Leave — On January 1 of each year, beginning with the January 1st
immediately following the first anniversary or employment, exempt employees shall receive 80
hours management leave in addition to other leaves. This management leave must be used
during the calendar year in which it is received, or it will be lost. Newly hired exempt
employees shall receive a prorated amount of Management Leave for the year in which they are
hired.
12.2 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 minus any amounts received from the Court for jury
service time for jury service served during their normal work shift 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.
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. r�
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.
12.3 Other 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.
12.4 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.
12.5 Bereavement Leave — All employees may utilize paid bereavement leave in the event of
the death of a member of immediate family. Immediate family consists of the following:
Employee's spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother,
sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or
custodial child, or the same relatives of a domestic partner. Employees are entitled to up to three
days of bereavement leave per calendar year. Bereavement leave shall not accrue and shall
expire at the end of the calendar year. All bereavement leave shall be deducted from the
RESOLUTION NO. 2014-070 PAGE 23 OF 90 NOVEMBER 25, 2014
employee's accrued sick leave balance. An employee who utilizes bereavement leave shall
notify his/her supervisor or department head of the intent to use such leave. The department
head shall approve use of such leave.
12.6 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.
12.7 School Related Leave — Any City employee who is a parent, guardian or grandparent
having custody of one or more children in kindergarten or grades 1 through 12 or attending a
licensed day care facility shall be allowed up to 40 hours each school year, not to exceed eight
hours in any calendar month of the school year, without pay, to participate in activities of the
school of their child. The employee must provide reasonable advance notice to his/her
supervisor of the planned absence. The employee may be required to use vacation leave to cover
the absence. The City may require the employee to provide documentation from the school as
verification that the employee participated in school activities on a specific date and at a
particular time. If both parents, guardians or grandparents having custody work for the agency at
the same City work site, only the first parent requesting will be entitled to leave under this
provision.
12.8 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.
12.9 Leave of Absence Without Pay — 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. Unless required by law, an employee is not
entitled to a leave of absence as a matter of right. 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. 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.
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. 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. 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.
RESOLUTION NO. 2014-070 PAGE 24 OF 90 NOVEMBER 25, 2014
SECTION 13. FAMILY AND MEDICAL CARE LEAVE
13.1 Statement of Policy—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 following provisions set forth certain of the rights and
obligations with respect to such leave. Rights and obligations that are not specifically set forth
below are set forth in the Department of Labor regulations implementing the Federal Family and
Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act
("CFRA"). Unless otherwise provided by this article, "Leave"under this article shall mean leave
pursuant to the FMLA and CFRA.
13.2 Definitions
(a) "12-Month Period" means a rolling 12-month period measured backward from
the date leave is taken and continuous with each additional leave day taken.
(b) "Single 12 Month Period" means a 12 month period which begins on the first
day the eligible employee takes FMLA leave to take care of a covered servicemember
and ends 12 months after that date.
(c) "Child" means a child under the age of 18 years of age, or 18 years of age or
older who is incapable of self-care because of a mental or physical disability. An
employee's child is one for whom the employee has actual day-to-day responsibility for
care, and includes a biological, adopted, foster or step-child, legal ward, or a child of a
person standing in loco parentis. A child is "incapable of self care" if he/she requires
active assistance or supervision to provide daily self-care in three or more of the activities
of daily living or instrumental activities of daily living, such as caring for grooming and
hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public
transportation, paying bills, maintaining a residence, using telephones and directories.
(d) "Parent" means the biological parent of an employee or an individual who
stands or stood in loco parentis (in place of a parent) to an employee when the employee
was a child. This term does not include parents-in-law.
(e) "Spouse" means a husband or a wife as defined or recognized under California
state law for purposes of marriage.
M "Domestic Partner" is another adult with whom the employee has chosen to
share their life in an intimate and committed relationship of mutual caring and with
whom the employee has filed a Declaration of Domestic Partnership with the Secretary of
State, and who meets the criteria specified in California Family Code section 297.
(g) "Serious Health Condition" means an illness, injury impairment, or physical or
mental condition that involves:
(1) Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (e.g., inability to
work or perform other regular daily activities due to the serious health
RESOLUTION NO. 2014-070 PAGE 25 OF 90 NOVEMBER 25, 2014
i Y
condition, treatment involved, or recovery therefrom); or continuing
treatment by a health care provider: A serious health condition involving
continuing treatment by a health care provider includes any one or more of
the following:
a. A period of incapacity (i.e., inability to work, or perform
other regular daily activities due to serious health condition
of more than three consecutive calendar days, and any
subsequent treatment or period of incapacity relating to the
same condition, that also involves:
b. Treatment two or more times by a health care provider, by
a nurse or physician's assistant under direct supervision by
a health care provider, or by a provider of health care
services (e.g., a physical therapist) under orders of, or on
referral by a health care provider; or
C. Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
under the supervision of the health care provider. This
includes for example, a course of prescription medication
or therapy requiring special equipment to resolve or
alleviate the health condition. If the medication is over the
counter, and can be initiated without a visit to a health care
provider, it does not constitute a regimen of continuing
treatment.
1. Any period of incapacity due to pregnancy or for
prenatal care. (This entitles the employee to FMLA
leave, but not CFRA leave. Under California law,
an employee disabled by pregnancy is entitled to
pregnancy leave.)
d. Any period of incapacity or treatment for such incapacity
due to a chronic serious health condition. A chronic serious
health condition is one which:
1. Requires periodic visits for treatment by a health
care provider, or by a nurse or physician's assistant
under direct supervision of a health care provider;
2. Continues over an extended period of time
(including recurring episodes of a single underlying
condition); and
3. May cause episodic rather than a continuing period
of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
RESOLUTION NO. 2014-070 PAGE 26 OF 90 NOVEMBER 25, 2014
e r
Absences for such incapacity qualify for leave even
if the absence lasts only one day.
4. A period of incapacity that is permanent or long-
term due to a condition for which treatment may not
be effective. The employee or family member must
be under the continuing supervision of, but need not
be receiving active treatment by health care
providr.
5. Any period of absence to receive multiple
treatments (including any period of recovery
therefrom) by a health care provider or by a
provider of health care services under orders of, or
on referral by, a health care provider, either for
restorative surgery after an accident or other injury,
or for a condition that would likely result in a period
of incapacity of more than three consecutive
calendar days in the absence of medical intervention
or treatment.
(h) "Health Care Provider"means:
(1) A doctor of medicine or osteopathy who is authorized to practice medicine
or surgery in the State of California;
(2) Individuals duly licensed as a physician, surgeon, or osteopathic.physician
or surgeon in another state or jurisdiction, including another country,
which directly treats or supervises treatment of a serious health condition;
(3) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by x-ray to exist) authorized to
practice in California and performing within the scope of their practice as
defined under California State law.
(4) Nurse practitioners and nurse-midwives and clinical social workers who
are authorized to practice under California State law and who are
performing within the scope of their practice as defined under California
State law;
(5) Christian Science practitioners listed with the First Church of Christ,
Scientist in Boston, Massachusetts; and
(6) Any health care provider from whom an employer or group health plan's
benefits manager will accept certification of the existence of a serious
health condition to substantiate a claim for benefits.
RESOLUTION NO. 2014-070 PAGE 27 OF 90 NOVEMBER 25, 2014
(i) "Active Duty or Call to Active Duty Status" means a duty under a call or order
to active duty(or notification of an impending call or order to active duty) in support of a
contingency operation for members of the Reserve components, the National Guard, and
certain retired members of the Regular Armed Forces and retired Reserve while serving
on active duty status during a war or national emergency declared by the President or
Congress.
0) "Contingency Operation" means a military operation that is (1) designated by
the Secretary of Defense as an operation in which members of the United States Armed
Forces are or may become involved in military actions, operations, or hostilities against
an enemy of the United States or against an opposing military force; or (2) that results in
the call to order to, or retention on, active duty members of the United States Armed
Forces by law or any other provision of law during a war or national emergency declared
by the President or Congress.
(k) "Covered Servicemember" means a current member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious injury or illness incurred in the line of
duty on active duty.
(1) "Outpatient Status"means, with respect to a covered servicemember, the status
of a member of the Armed Forces assigned to either: (1) a military medical treatment
facility as an outpatient; or (2) a unit established for the purpose of providing command
and control of members of the Armed Forces receiving medical care as outpatients.
(m) "Next of Kin of a Covered Servicemember" means the nearest blood relative
other than the covered servicemember's spouse, parent, son, or daughter, in the following
order of priority: Blood relatives who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers and sisters, grandparents,
aunts and uncles, and first cousins, unless the covered servicemember has specifically
designated in writing another blood relative as his or her nearest blood relative for
purposes of military caregiver leave under the FMLA.
(n) "Serious Injury or Illness" means an injury or illness incurred by a covered
servicemember in the line of duty on active duty that may render the servicemember
medically unfit to perform the duties of the member's office, grade,rank, or rating.
13.3 Reasons For Leave—Leave is only permitted for the following reasons:
(a) The birth of a child or to care for a newborn of an employee.
(b) The placement of a child with an employee in connection with the adoption or
foster care of a child.
(c) Leave to care for a child, parent, spouse, or domestic partner who has a serious
health condition; or
RESOLUTION NO. 2014-070 PAGE 28 OF 90 NOVEMBER 25, 2014
(1) Leave because of a serious health condition that makes the employee ,
unable to perform the functions of his/her position; Or
(2) Leave for a"qualifying exigency"may be taken arising out of the fact that
an employee's spouse, son, daughter, or parent is on active duty or call to
active duty status in the National Guard or Reserves in support of a
contingency operation(under the FMLA only, not the CFRA); or
(3) Leave to care for a spouse, son, daughter, parent, or "next of kin"
servicemember of the United States Armed Forces who has a serious
injury or illness incurred in the line of duty while on active military duty
(this leave can run up to 26 weeks of unpaid leave during a single 12-
month period) (under the FMLA only, not the CFRA).
13.4 Employees Eligible For Leave—An employee is eligible for leave if the employee:
(a) Has been employed for at least 12 months; and
(b) Has been employed for at least 1,250 hours during the 12-month period
immediately preceding the commencement of the leave.
(c) An exempt employee is eligible for up to the allowed leave within the first 12
months of employment if approved by the City Manager.
13.5 Amount Of Leave — Eligible employees are entitled to a total of 12 workweeks (or 26
work weeks to care for a covered servicemember) of leave during any 12-month period.
13.6 Minimum Duration of Leave — If leave is requested for the birth, adoption or foster care
placement of a child of the employee, leave must be concluded within one year of the birth or
placement of the child. In addition, the basic minimum duration of such leave is two weeks.
However, an employee is entitled to leave for one of these purposes (e.g. bonding with a
newborn) for at least one day, but less than two weeks duration on any occasions. If leave is
requested to care for a child, parent, spouse or the employee him/herself with serious health
condition, there is no minimum amount of leave that must be taken. However, the notice and
medical certification provisions of this policy must be complied with.
13.7 Spouses Both Employ the City — In any case in which a husband and wife both
employed by the City are entitled to leave, the aggregate number of workweeks of leave to which
both may be entitled may be limited to 12 workweeks during any 12-month period if leave is
taken for the birth or placement for adoption or foster care of the employees' child (i.e. bonding
leave or 26 work weeks if leave is taken to care for a covered servicemember). This limitation
does not apply to any other type of leave under this policy.
13.8 Employee Benefits While On Leave—Leave under this policy is unpaid. While on unpaid
leave, employees will continue to be covered by the City's group health insurance to the same
extent that coverage is provided while the employee is on the job. However, employees must
continue to pay their share if it exceeds City's contribution and will not continue to be covered
under the City's deferred compensation plan or any other non-health plan.
RESOLUTION NO. 2014-070 PAGE 29 OF 90 NOVEMBER 25, 2014
Employees may make the appropriate contributions for continued coverage under the
preceding non-health benefits plans by payroll deductions or direct payments made to these
plans. Depending on the particular plan, the Finance Department will inform you whether the
premiums should be paid to the carrier or to the City. Your coverage on a particular plan may be
dropped if you are more than 30 days late in making a premium payment. However, you will
receive a notice at least 15 days before coverage is to cease, advising you that you will be
dropped if your premium payment is not paid by a certain date. Employee contribution rates are
subject to any changes in rates that occur while employee is on leave.
If an employee fails to return to work after his/her leave entitlement has been exhausted
or expires, the City shall have the right to recover its share of health plan premiums for the entire
leave period, unless the employee does not return because of the continuation, recurrence, or
onset of a serious health condition of the employee or his/her family member which would
entitle the employee to leave, or because of circumstances beyond the employee's control. The
City shall have the right to recover premiums through deduction from any sums due the City
(e.g. unpaid wages, vacation pay, etc.).
13.9 Substitution of Paid Accrued Leaves — While on leave under this policy, as set forth
herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City
requires an employee to concurrently use paid accrued sick leave after requesting FMLA and/or
CFRA leave for an illness, and requires an employee to use Family and Medical Care Leave
concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
13.10 Employee's Right to use Paid Accrued Leave Concurrently with Family Leave— Where
an employee has earned or accrued paid vacation, administrative leave, compensatory time,
floating holidays, or any other form of personal leave that paid leave may be substituted for all or
part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled
to use sick leave concurrently with leave under this policy if:
(a) The leave is for the employee's own serious health condition; or
(b) The leave is needed to care for a parent, spouse or child with a serious health
condition, and would be permitted as sick leave under the City's sick leave
policy.
13.11 City's Right to Require an Employee to use Paid Leave when using FMLA/CFRA Leave
— Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the
same extent that employees have the right to use their accrued leaves- concurrently with
FMLA/CFRA leave with two exceptions:
(a) Employees are not required to use accrued compensatory time earned in lieu of
overtime earned pursuant to the Fair Labor Standards Act; and
(b) Employees will only be required to use sick leave concurrently with
FMLA/CFRA leave if the leave is for the employee's own serious health
- condition.
RESOLUTION NO. 2014-070 PAGE 30 OF 90 NOVEMBER 25, 2014
13.12 City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently
Other Leaves— If an employee takes a leave of absence for any reason, which is FMLA/CFRA-
qualifying, the City may designate that non-FMLA/CFRA leave as running concurrently with the
employee's 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers
who are only on leave pursuant to Labor Code §4850.
13.13 City's and Employee's Right if an Employee Requests Accrued Leave without
Mentioning FMLA or CFRA—If an employee requests to utilize accrued vacation leave or other
accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not
ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City
denies the employee's request and the employee provides information that the requested time off
is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued
leave as described above.
13.14 Medical Certification — Employees who request leave for their own serious health
condition or to care for a child,parent or a spouse who has serious health condition must provide
written certification from the health care provider of the individual requiring care if requested by
the City.
If the leave is requested because of the employee's own serious health condition, the
certification must include a statement that the employee is unable to work at all or is unable to
perform essential functions of his/her position.
13.15 Time To Provide a Certification —When an employee's leave is foreseeable and at least
30 days' notice has been provided, if a medical certification is requested, the employee must -
provide it before the leave begins. When this is not possible, the employee must provide the
requested certification to the City within the time frame requested by the City (which must allow
at least 15 calendar days after the employer's request), unless it is not practicable under the
particular circumstances to do so despite the employee's diligent, good faith efforts.
13.16 Consequences for Failure to Provide an Adequate or Timely Certification — If an
employee provides an incomplete medical certification, the employee will be given a reasonable
opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame
established by this policy, the City may delay the taking of FMLA/CFRA leave until required
certification is provided.
13.17 Recertification — If the City has reason to doubt the validity of a certification, the City
may require a medical opinion of a second health care provider chosen and paid for by the City.
If the second opinion is different from the first, the City may require the opinion of a third
provider jointly approved by the City and the employee, but paid for by the City. The opinion of
the third provider will be binding. An employee may request a copy of the health care provider's
opinions when there is recertification.
13.18 Intermittent Leave or Leave on a Reduced Leave Schedule — If an employee requests
leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an
RESOLUTION NO. 2014-070 PAGE 31 OF 90 NOVEMBER 25, 2014
:• i
immediate family member with serious health condition, the employee must provide medical
�i certification that such leave is medically necessary. "Medically necessary" means there must be a
medical need for the leave and that the leave can best be accomplished through an intermittent or
reduced leave schedule.
13.19 Employee Notice of Leave — Although the City recognizes that emergencies arise which
may require employees to request immediate leave, employees are required to give as much
notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is
required. In addition, if an employee knows that he/she will need leave in the future, but does not
know the exact day(s) (e.g. for the birth of a child or to take care of a newborn), the employee
shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice
may be orally given. If the City determines that an employee's notice is inadequate or the
employee knew about the requested leave in advance of the request, the City may delay the
granting of the leave until it can, at its discretion; adequately cover the position with a substitute.
13.20 Reinstatement Upon Return From Leave
(a) Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position
of employment held when the leave commenced, or to an equivalent position with
equivalent employment benefits, pay, and other terms and conditions of employment.
Employees have no greater rights to reinstatement, benefits, and other conditions of
employment than if the employee had been continuously employed during the
FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the
leave, the employee will be reinstated on the date agreed upon. If the reinstatement date
differs from the original agreement of the employee and the City, the employee will be
reinstated within two business days, where feasible, after the employee notifies the
employer of his/her readiness to return.
(b) Employee's Obligation to Periodically Report on His/Her Condition
Employees may be required to periodically report on their status and intent to
return to work. This will avoid any delays to reinstatement when the employee is ready to
return.
(c) Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to the
employee's own serious health condition, which made the employee unable to perform
his/her job, the employee must obtain and present a fitness-for-duty certification from the
health care provider stating that the employee is able to resume work. Failure to provide
such certification will result in denial of reinstatement.
i
RESOLUTION NO. 2014-070 PAGE 32 OF 90 NOVEMBER 25, 2014
4
(d) Reinstatement of"Key Employ
The City may deny reinstatement to a "key" employee (i.e., an employee who is
among the highest paid 10 percent of all employed by the City within 75 miles of the
worksite) if such denial is necessary to prevent substantial and grievous economic injury
to the operations of the City, and the employee is notified of the City's intent to deny
reinstatement on such basis at the time the employer determines that such injury would
occur.
13.21 Required Forms
Employees must fill out the following applicable forms in connection with leave under this
policy:
(a) "Request For Family or Medical Leave Form" prepared by the City to be
eligible for leave.
(1) Note: Employees will receive a City response to their request, which will
set forth certain conditions of the leave.
(b) Medical certification either for the employee's own serious health condition or
for the serious health condition of a child, parent or spouse;
(c) Authorization for payroll deductions for benefit plan coverage continuation;
and
(d) Fitness for duty to return from leave form.
RESOLUTION NO. 2014-070 PAGE 33 OF 90 NOVEMBER 25, 2014
SECTION 14. PREGNANCY DISABILITY LEAVE
1 14.1 An employee who is disabled because of pregnancy, childbirth, or a related medical
condition is entitled to an unpaid pregnancy disability leave for up to the number of hours the
employee would normally work within four calendar months, which is defined as 17 1/3 weeks.
For a full-time employee who works 40 hours per week, the employee shall be entitled to up to
693 hours of leave. Employees who work less than 40 hours per week will receive a pro rata or
proportional amount of leave.
14.2 Notice& Certification Requirements
(a) Requests for pregnancy disability leave must be submitted in writing and must
be approved by the employee's department head before the leave begins. The request
must be supported by a written certification from the attending physician stating that the
employee is disabled from working by pregnancy, childbirth or a related medical
condition. The certification must state the expected duration of the disability and the
expected date of return to work.
(b) All leaves must be confirmed in writing, have an agreed-upon specific date of
return, and be submitted to the department director prior to being taken. Requests for an
extension of leave must be submitted in writing to the department head prior to the
agreed date of return and must be supported by a written certification of the attending
physician that the employee continues to be disabled by pregnancy, childbirth, or a
related medical condition. The maximum pregnancy disability leave is four months.
14.3 Compensation During Leave — Pregnancy disability leaves are without pay. However,
the employee may first use accrued sick leave, vacation leave, and then any other accrued paid
time off during the leave.
14.4 Benefits During Leave
(a) An employee on pregnancy disability leave may receive any group health
insurance coverage that was provided before the leave on the same terms as provided to
other employees who become disabled off-duty. The City may recover premiums it paid
to maintain health coverage, as provided by the family and medical leave laws, if an
employee does not return to work following pregnancy disability leave.
(b) An employee on pregnancy disability leave who is not eligible to receive group
health insurance coverage as described above, may receive health insurance coverage in
conjunction with COBRA guidelines by making monthly premium payments to the City.
(c) Sick leave and vacation leave do not accrue while an employee is on unpaid
pregnancy disability leave.
14.5 Reinstatement
(a) Upon the expiration of pregnancy leave and the City's receipt of a written
statement from the health care provider that the employee is fit to return to duty, the
RESOLUTION NO. 2014-070 PAGE 34 OF 90 NOVEMBER 25, 2014
employee will be reinstated to her original or an equivalent position, so long as it was not
eliminated for a legitimate business reason during the leave.
(b) If the employee's original position is no longer available, the employee will be
assigned to an open position that is substantially similar in job content, status, pay,
promotional opportunities, and geographic location as the employee's original position.
(c) If upon return from leave an employee is unable to perform the essential
functions of her job because of a physical or mental disability, the City will initiate an
interactive process with the employee in order to identify a potential reasonable
accommodation.
The City will initiate the interactive process with an employee who fails to return to work
after the termination of her leave in.order to identify a potential reasonable accommodation.
RESOLUTION NO. 2014-070 PAGE 35 OF 90 NOVEMBER 25, 2014
l 1
SECTION 15. REASONABLE ACCOMMODATION AND FITNESS FOR DUTY
15.1 Reasonable Accommodation — The City provides employment-related reasonable
accommodations to qualified individuals with disabilities within the meaning of the California
Fair Employment and Housing Act and the Americans with Disabilities Act.
(a) Request for Accommodation — An employee who desires a reasonable
accommodation in order to perform essential job functions should make such a request,
preferably in writing, to the Personnel Officer. The request must identify: a) the job-
related functions at issue; and b) the desired accommodation(s).
(b) Reasonable Documentation of Disability—Following receipt of the request, the
Personnel Officer may require additional information, such as reasonable documentation
of the existence of a disability.
15.2 Fitness for Duty Examination
(a) Conditional Offer of Employment Examinations — After a conditional offer of
employment has been extended to an applicant, the City may, in compliance with all
applicable laws, require the applicant to submit to a fitness for duty examination prior to
conferring appointment.
(b) Current Employee Examinations — The Personnel Officer may require an
employee to submit to a fitness for duty examination to determine if the employee is able
_- to perform the essential functions of his or her job when there is evidence:
(1) The employee appears to be unable to perform or has difficulty
performing one or more essential functions of his or her job; and
(2) There is reason to question the employee's ability to safely or efficiently
complete work duties.
(c) Role of Health Care Provider — A City-selected health care provider will
examine the employee at City expense. The City will provide the heath care provider
with a letter requesting a fitness for duty examination and a written description of the
essential functions of the employee's job. The health care provider will, examine the
employee and provide the City with non-confidential information regarding whether:
(1) The employee is fit to perform essential job functions
(2) There are any reasonable accommodations that would enable the
employee to perform essential job functions;
(3) The workplace restrictions or functional limitations, and the length of
work impairment; and
%- (4) The employee's continued employment poses a threat to the health and
safety of him or herself or others. Should the health care provider exceed
RESOLUTION NO. 2014-070 PAGE 36 OF 90 NOVEMBER 25, 2014
the scope of the City's request and provide confidential health
information, the City will return the report to the health care provider and
request another report that includes only the non-confidential fitness for
duty information that the City has requested.
(d) Medical Information—During the course of a fitness for duty examination, the
City will not seek or use information regarding an employee's medical history, diagnoses,
or course of treatment without an employee's written authorization.
(e) Medical Information from the Employee 's Health Care Provider — An
employee may submit confidential medical information to the City from his or her
personal health care provider. If the employee provides written authorization, the
Personnel Officer will submit the information that the employee provides to the City-paid
health care provider who conducted the examination. The Personnel Officer will request
the City-paid health care provider to determine whether the information alters the original
fitness for duty assessment.
(f) Interactive Process Discussion—After receipt of both the health care provider's
fitness for duty report, and the analysis of the employee's personal health care
information (if any) the Personnel Officer will arrange for a discussion or discussions, in
person or via conference telephone call, with the employee and his or her representatives,
(if any). The purpose of the discussions will be in good faith to fully discuss all feasible
potential reasonable accommodations. During the discussions, the Personnel Officer
sources will also discuss, if relevant, alternate available jobs for which the employee is 1`
qualified, or whether the employee qualifies for disability retirement or family and -
medical leave.
(g) Determination — After the discussions, the Personnel Officer will review the
information received, and determine whether additional discussions with the employee
are necessary, if there is a reasonable accommodation that would enable the employee to
perform essential job functions, or if the accommodations would pose an undue hardship
on City finances or operations. The Personnel Officer will inform the employee of his or
her determination. The Personnel Officer will use his or her discretion based upon the
particular facts of each case.
RESOLUTION NO. 2014-070 PAGE 37 OF 90 NOVEMBER 25, 2014
SECTION 16. RESIGNATION, LAYOFFS AND FURLOUGHS
16.1 Types of Separation — All separations of employees from positions in City employment
shall be designated as one of the following types:
- Resignation;
- Layoff;
- Death;
- Retirement; and
- Dismissal.
16.2 Resignation — An employee who wishes to resign his/her City employment in good
standing must submit the resignation to the Personnel Officer 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 accepted by the Personnel Officer.
Once a resignation has been accepted by the Personnel Officer, the employee cannot withdraw it.
16.3 Job Abandonment — An employee is deemed to have resigned if the employee is absent
for five consecutive scheduled work shifts without prior authorization and without notification
during the period of the absence. Such employee will be given an opportunity to explain the
absence and failure of notification before final action is taken. 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.
16.4 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.
16.5 Order of Layoffs — The City shall consider seniority, evaluation rating and the needs of
the City to determine the order of layoffs.
16.6 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.
RESOLUTION NO. 2014-070 PAGE 38 OF 90 NOVEMBER 25, 2014
SECTION 17. DISCIPLINE POLICY AND PROCEDURES
17.1 Causes for Discipline — Employees may be disciplined for, including but not limited to,
any of the following causes of discipline:
1. Violation of any department rule, City policy or City regulation, ordinance or
resolution;
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee's department
head, and/or these Policies;
4. Use of disability leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the City;
5. Making any false statement, omission or misrepresentation of a material fact;
6. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
7. Unsatisfactory job performance;
8. Inefficiency;
9. 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.
10. Insubordination; or insulting or demeaning the authority of a supervisor or manager;
11. Dishonesty;
12. Theft;
13. Violation of the City's or a department's confidentiality policies, or disclosure of
confidential City information to any unauthorized person or entity;
14. Misuse or unauthorized use of any City property, including, but not limited to:
physical property, tools, equipment, City communication systems, City vehicles or
Intellectual Property;
15. Mishandling of public funds;
16. Falsifying any City record;
17. Discourteous treatment of the public or other employees;
18. Failure to cooperate with employee's supervisor or fellow employees;
19. Violation of the City's Drug-Free Workplace Policy;
20. Violation of the City's Policy Against Harassment, Discrimination and Retaliation;
21. Violation of the City's Workplace Security Policy;
22. 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;
23. 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;
24. Failure to comply with Cal-OSHA Safety Standards and City safety policies;
25. Altering, falsifying, and tampering with time records, or recording time on another
employee's time record; or
26. Working overtime without prior authorization or refusing to work assigned
overtime;
27. Carrying firearms or other dangerous weapons; and
28. Violations of Title XXII (for Child Care Employees) -
RESOLUTION NO. 2014-070 PAGE 39 OF 90 NOVEMBER 25, 2014
17.2 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 Pay — 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.
(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 sub ect to demotion will be entitled to prior
( j p �
written notice and appeal as provided under this policy.
(e) Reduction in Pav — 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. 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.
17.3 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 Appendix A to the rules. In
addition, all probationary employees are at-will. Accordingly, at-will employees may be
terminated without cause.
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.
RESOLUTION NO. 2014-070 PAGE 40 OF 90 NOVEMBER 25, 2014
1. )
(a) Disciplinary "Skelly" Notice to Employee — Written notice of the intended
action shall be given to the employee setting forth the following information:
o Grounds for discipline;
o Act or omission giving rise to intended discipline;
o Effective date for intended discipline;
o All documents or records considered in recommending the intended discipline;
o The time and date by which the employee can respond; and
o Notice that failure to respond at the time specified shall constitute a waiver of the
right to respond prior to final discipline being imposed.
(b) 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.
(c) 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. 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; the specific charges upon which the discipline is
based, including the act or omission giving rise to the discipline; all documents or records
upon which the discipline is based; and a statement of the nature of the employee's right
to appeal.
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. It shall be the
responsibility of the employee to inform the City of his/her address. 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.
17.4 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 referenced in Appendix A
to the rules. In addition, all probationary employees are at-will. Accordingly, at-will employees
may be terminated without cause.
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.
RESOLUTION NO. 2014-070 PAGE 41 OF 90 NOVEMBER 25, 2014
(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 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.
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—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) Preheating 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 hours will be compensated for the time they actually testify.
(h) Employeeppearance — 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.
RESOLUTION NO. 2014-070 PAGE 42 OF 90 NOVEMBER 25, 2014
(i) Conduct at the Hearing
(1) All testimony shall be by oath or affirmation.
(2) The conduct and decorum of the hearing shall be under the control of the
hearing officer. No party or representative shall by written submission or
oral presentation disparage the intelligence, integrity or personal behavior
of their adversaries or the hearing officer.
(3) Direct and cross-examination of witnesses shall be permitted.
(4) 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.
(5) 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.
(j) 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. If the City Manager did not serve as the hearing officer, he/she 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. The r-
decision of the City Manager is final. There is no process for reconsideration. _
In cases where the City Manager must serve as the Skelly officer, and the City
Council did not serve as the hearing officer, the City Council 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. The decision of the
City Council is final. There is no process for reconsideration.
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 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.
(k) Challenge by — 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.
RESOLUTION NO. 2014-070 PAGE 43 OF 90 NOVEMBER 25, 2014
SECTION 18. GRIEVANCE PROCEDURE
18.1 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.
18.2 Step I: Informal Resolution with Supervisor—The employee shall 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.
18.3 Step II: Department Head — If the employee believes that the grievance has not been
resolved through Step I, the employee may file written grievance with his/her department head.
Such appeal must be filed within 10 working days of the initial commencement of the occurrence
being grieved. 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 having the written grievance, submit his/her decision in writing to the grievant.
18.4 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. Such appeal must be filed within 10 working days of the
-- department head's issuance of the decision. The appeal must be in writing and 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 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 having the written grievance, submit his/her
decision in writing to the grievant. The decision of the Personnel Officer shall be final.
18.5 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.
RESOLUTION NO. 2014-070 PAGE 44 OF 90 NOVEMBER 25, 2014
SECTION 19. PERSONNEL FILE
19.1 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.
19.2 Notification of Changes in Personal Information — Each employee is responsible to
promptly notify the Personnel Officer of any changes in relevant personal information,
including:
- Mailing address
- Telephone number
- Persons to contact in emergency
- Number and names of dependents
19.3 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.
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.
RESOLUTION NO. 2014-070 PAGE 45 OF 90 NOVEMBER 25, 2014
19.4 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. 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.
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.
19.5 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.
RESOLUTION NO. 2014-070 PAGE 46 OF 90 NOVEMBER 25, 2014
SECTION 20. OUTSIDE EMPLOYMENT
20.1 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.
20.2 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 maybe
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.
20.3 Determination of Inconsistent Activities
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:
(a) 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;
(b) 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;
(c) 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
(d) 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.
RESOLUTION NO. 2014-070 PAGE 47 OF 90 NOVEMBER 25, 2014
20.4 Revocation
Authorization may be granted for up to one year as noted in the authorization, and is
subject to revocation by the Personnel Officer.
20.5 Use of City Equipment 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 Personnel
Officer.
(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 Personnel
Officer.
20.6 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.
RESOLUTION NO. 2014-070 PAGE 48 OF 90 NOVEMBER 25, 2014
SECTION 21. DISCRIMINATION, HARASSMENT AND RETALIATION POLICY
21.1 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
encourages all covered individuals to report-as soon as possible-any conduct that is
believed to violate this policy.
21.2 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.
21.3 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.
21.4 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.
21.5 Disciplinary action or other appropriate sanction up to and including termination will be
instituted for prohibited behavior as defined below.
21.6 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.
21.7 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.
RESOLUTION NO. 2014-070 PAGE 49 OF 90 NOVEMBER 25, 2014
(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
l
\` 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 Identifying 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.
RESOLUTION NO. 2014-070 PAGE 50 OF 90 NOVEMBER 25, 2014
� y
(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 find 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.
21.8 Complaint Procedure—An employee,job applicant, or contractor who believes he or she
has been harassed may make a complaint verbally or in writing with any supervisor, manager, or
department head. Any supervisor or department head who receives a harassment complaint
should immediately notify the Personnel Officer.
(a) Upon receiving notification of a harassment 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 harassment,
discrimination, or retaliation 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.
r^�
RESOLUTION NO. 2014-070 PAGE 51 OF 90 NOVEMBER 25, 2014
J �
(3) Report a summary of the determination as to whether harassment occurred
to appropriate persons, including the complainant, the alleged harasser, 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.
(b) 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.
(c) Option to Report to Outside Administrative Agencies — 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.
21.9 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. 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. Any individual who discusses the content
of an investigatory interview will be subject to discipline or other appropriate sanction. 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.
21.10 Responsibilities
(a) Managers and Supervisors—All City managers and supervisors are responsible
for:
(1) Informing employees of this policy.
(2) Modeling appropriate behavior.
RESOLUTION NO. 2014-070 PAGE 52 OF 90 NOVEMBER 25, 2014
(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.
(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.
RESOLUTION NO. 2014-070 PAGE 53 OF 90 NOVEMBER 25, 2014
(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.
21.11 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.
RESOLUTION NO. 2014-070 PAGE 54 OF 90 NOVEMBER 25, 2014
Y
SECTION 22. POLITICAL ACTIVITY POLICY ,
22.1 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.
22.2 This policy applies to all City employees including the City Manager, department heads
and supervisors. Other City representatives, such as elected and appointed officials, contractors
and consultants may also be prohibited from using their official relationship with the City to
endorse or oppose political candidates or initiatives.
22.3 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.
22.4 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.
22.5 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.
22.6 No City employee or official shall participate in political activities of any kind while in
uniform or other clothing issued by the City.
22.7 City employees and officials are prohibited from engaging in political activity or
solicitation during working hours and on City property.
22.8 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.
22.9 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.
22.10 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.
RESOLUTION NO. 2014-070 PAGE 55 OF 90 NOVEMBER 25, 2014
j� 22.11 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.
22.12 Individuals found to have engaged in any form of improper or illegal political activity, as
defined by this policy, 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.
22.13 Questions about this policy should be directed to the Personnel Officer.
r"-
r
RESOLUTION NO. 2014-070 PAGE 56 OF 90 NOVEMBER 25, 2014
SECTION 23. DRUG AND ALCOHOL POLICY ,
23.1 The City is concerned about employees being under the influence 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.
23.2 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.
23.3 A City employee is prohibited from working or being subject to call in if impaired by
alcohol or any controlled substance.
23.4 An employee must notify his/her department head before beginning work when taking
medications or drugs which 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 medications, the City may require
medical clearance.
23.5 Compliance with this policy is a condition of City employment. Disciplinary action will
be taken against those who violate this policy.
23.6 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.
23.7 Scope of Policy — This policy applies to all City employees when they are on City
property or when performing City-related business elsewhere.
23.8 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.
23.9 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:
(a) Reasonable Suspicion Testing
(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. Testing must be approved by
the Personnel Officer. \
RESOLUTION NO. 2014-070 PAGE 57 OF 90 NOVEMBER 25, 2014
(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. In order to receive
authority to test, the supervisor must record the factors that support
reasonable suspicion and discuss the matter with the Director of Human
Resources or department director. 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.
(b) 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.
23.10 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;
(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.
1
RESOLUTION NO. 2014-070 PAGE 58 OF 90 NOVEMBER 25, 2014
1 y
23.11 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 r-
employee shall be subject to disciplinary action.
23.12 Drug-Free Awareness Program — The City shall notify each employee and volunteer of
the availability of counseling and treatment of drug-related problems through the City's
Employee Assistance Program provider.
RESOLUTION NO. 2014-070 PAGE 59 OF 90 NOVEMBER 25, 2014
SECTION 24. USE OF CITY PROPERTY AND EQUIPMENT POLICY
24.1 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.
24.2 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.
24.3 Every City employee is required to adhere to all City rules and policies while on City
property or using City property or equipment.
24.4 Use of City Vehicles — 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.
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.
(a) Assigmnent of Responsibility — 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. 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.
All City employees 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..
(b) Use of City Owned Vehicles—City owned pool vehicles fall into the following
three categories and have restrictions based upon type and use:
(1) 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.
(2) Vehicles assigned to managers on a permanent basis, and used for daily
commuting to and from the City. According to the Internal Revenue
tr Service, commuting to and from work and any other incidental personal
RESOLUTION NO. 2014-070 PAGE 60 OF 90 NOVEMBER 25, 2014
a }
usage is not considered official use, and must be reported as imputed
taxable income.
(3) 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. I
Only City employees are authorized to operate City owned pool vehicles.
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.
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.
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.
(c) 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:
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. 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.
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.
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
RESOLUTION NO. 2014-070 PAGE 61 OF 90 NOVEMBER 25, 2014
Department of Motor Vehicles, and the employee's insurance company in the case of any
accident or damage.
(d) 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.
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.
The vehicle operator is responsible for assuring that all items of cargo, materials
or tools are properly secured.
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.
Any injuries sustained by the vehicle operator or other employees while operating
a vehicle on City business shall be covered by workers' compensation.
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
C owned vehicle or personally owned vehicle on official City business.
Alcoholic beverages and drugs shall not be transported or placed in any City
owned pool vehicle. This does not apply to public safety employees during the course of
their official duties and within the scope of their respective guidelines and policies.
Any employee who operates a City owned pool vehicle, regardless of frequency,
is responsible for the proper care and operation of that vehicle.
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.
No employee shall operate a City owned pool vehicle found to be in an unsafe
condition.
(e) 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.
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.
RESOLUTION NO. 2014-070 PAGE 62 OF 90 NOVEMBER 25, 2014
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.
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.
RESOLUTION NO. 2014-070 PAGE 63 OF 90 NOVEMBER 25, 2014
SECTION 25. ELECTRONIC EQUIPMENT USE POLICY
i
25.1 The City provides electronic equipment to employees for use as tools for efficiency in
conducting City business. Electronic equipment includes instruments/devices such as:
- Landline telephones
- Mobile/cellular telephones
- Pagers
- Computers
- Facsimile transmission(fax) machines
- Photocopiers with and without scanning capabilities
Electronic equipment also includes systems such as:
- E-mail
- Internet and Intranet
- Wireless networks
J - Data systems
- Voicemail
- City network
25.2 Electronic equipment access is provided by the City to facilitate the performance of City
work. 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. 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. Employees are expected to use common sense and judgment to
avoid any communication which is disrespectful, offensive or illegal.
25.3 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.
Employees shall have no expectation of privacy. 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. 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.
RESOLUTION NO. 2014-070 PAGE 64 OF 90 NOVEMBER 25, 2014
25.4 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.
Employees are expected to comply with all such regulations. 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.
25.5 Without exhausting all the possibilities, the following are examples of misuse of the
City's electronic equipment:
(a) Any use that violates applicable law and/or City policies, rules or procedures.
(b) 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.
(c) 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.
(d) Communication of confidential City information to unauthorized individuals
within or outside of City.
(e) Unauthorized attempts to access data or break into any City or non-City
system.
(f) Theft or unauthorized copying of electronic files or data.
(g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass
messaging communication.
(h) Intentional misrepresentation of one's identity for improper or illegal purposes.
(i) Personal commercial or business activities (e.g. "for sale" notices, personal
ads, etc.).
0) Transmitting/accessing obscene material and/or pornography.
(k) E-Commerce.
(1) Online gambling.
(m) Installing or downloading unauthorized software or equipment.
RESOLUTION NO. 2014-070 PAGE 65 OF 90 NOVEMBER 25, 2014
r
(n) Violating terms of software licensing agreements.
25.6 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.
25.7 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.
25.8 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. 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. 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.
25.9 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
Personnel Officer. All employees shall use such devices in a responsible, appropriate, and safe
manner.
C (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
RESOLUTION NO. 2014-070 PAGE 66 OF 90 NOVEMBER 25, 2014
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.
25.10 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;
(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.
RESOLUTION NO. 2014-070 PAGE 67 OF 90 NOVEMBER 25, 2014
- SECTION 26. SOCIAL MEDIA USE POLICY
26.1 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.
26.2 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.
26.3 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. 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."
`Y
RESOLUTION NO. 2014-070 PAGE 68 OF 90 NOVEMBER 25, 2014
SECTION 27. VIOLENCE IN THE WORKPLACE POLICY -
27.1 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.
27.2 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.
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.
27.3 Workplace Violence— "Workplace Violence" is any conduct that causes an individual to
reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or
property. 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.
27.4 Incident Reporting Procedures
(a) Employees must immediately report workplace violence to their supervisor or
department director. The supervisor or department director will report the
matter to the Personnel Officer.
RESOLUTION NO. 2014-070 PAGE 69 OF 90 NOVEMBER 25, 2014
— (b) The Personnel Officer will 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 will 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.
27.5 Investi ag tion — The Personnel Officer will see that reported violations of this policy are
investigated as necessary.
27.6 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.
27.7 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.
RESOLUTION NO. 2014-070 PAGE 70 OF 90 NOVEMBER 25, 2014
SECTION 28. OTHER EMPLOYEE CONDUCT POLICIES
28.1 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.
28.2 Tattoo Policy— Employees of the City are expected to project a professional appearance
while at work. Therefore, failure to follow the tattoo regulations contained in this section shall
be grounds for discipline.
(a) No tattoos are allowed anywhere on the head, face, or neck.
(b) Any visible tattoos shall not be obscene, sexually explicit, discriminatory to
sex, race, religion, or national origin, extremist, and/or gang-related.
(c) No visible tattoos shall be larger than 4 by 6 inches.
(d) Any non-conforming tattoos will be covered with clothing, bandage or makeup
while at work or removed.
(e) If an employee has a question about how the tattoo policy is applicable to
them, the matter should be immediately raised with their supervisor for consideration and
determination.
�1
RESOLUTION NO. 2014-070 PAGE 71 OF 90 NOVEMBER 25, 2014
28.3 Piercing Policy — Employees of the City are expected to project a professional
i appearance while at work and not endanger themselves or others with excessive body piercing.
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 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.
28.4 Smoking Policy — The City observes a no-smoking policy in all City-owned 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.
i
RESOLUTION NO. 2014-070 PAGE 72 OF 90 NOVEMBER 25, 2014
v �
APPENDIX A—LIST OF AT-WILL EMPLOYEES
The follow City positions are at-will positions:
- City Manager
- Assistant City Manager
- Director of Finance
- Community Development Director
- Director of Child Care Services
RESOLUTION NO. 2014-070 PAGE 73 OF 90 NOVEMBER 25, 2014
APPENDIX B—COMPENSATION. BENEFITS AND LEAVE BUY-BACK
Appendix B constitutes Sections 5, 6 and 11.7 of the City's Personnel Rules and Regulations.
RESOLUTION NO. 2014-070 PAGE 1 OF 90 NOVEMBER 25, 2014
1. COMPENSATION
a. 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.
b. Salary Ranges — The City has a policy of open salary ranges which define the
minimum, midpoint and maximum salary for each job.
C. Application of Compensation Schedule — The salary range, as set forth for each
classification, shall be applied as follows:
(a) New Appointments — Each position has a salary range which consists of
minimum, midpoint and maximum. The minimum rate for the position shall generally
apply to new employees with little or no experience within his 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 salary based, in part, on the experience and training of the employee and
according to the needs of the City.
(b) Normal Advancements—After an employee successfully completes six months of
service, the employee is eligible for a salary increase. It is up to the employee's
department head to recommend the percentage 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.
(c) Advancement Provisions —No salary 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
his/her last performance evaluation, and not simply according to the elapse of a time
period.
RESOLUTION NO. 2014-070 PAGE 1 OF 90 NOVEMBER 25, 2014
j
d. Salary Range Adjustments — All adjustments to salary shall be made by the City
Council by resolution. Such resolution shall indicate whether it is implementing a Cost of Living
Adjustment (COLA) or amending the Compensation Schedule.
i. Cost of Living Adjustment— As part of the City's annual budget process,
the City shall assess the feasibility of providing a COLA to employees. (Suspended
effective July 1, 2009, see Appendix C.)
ii. Compensation Schedule Adjustment—Every two years, as a part 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. (Suspended effective
July 1, 2009, see Appendix C.)
e. Merit Increases—Employees shall be entitled to merit increases as follows.
Full-Time Employees shall be eligible for a 5%merit increase at the following intervals.
i. Upon satisfactory completion of the first 6 months of service in a new
position.
ii. Once annually thereafter if supported by a satisfactory performance
evaluation.
(Suspended effective July 1, 2009, see Appendix C.)
f. Recognition Award — The City Manager may, at his/her discretion, grant a one-
time 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.
g. "Y" Rate — An employee holds the "Y" rate of the salary 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.
h. Salary Evaluation Date — An employee's salary evaluation date shall be the date
of appointment to the employee's current position, or the date upon which an employee
successfully completes the probationary period that is required for the position, whichever is
later. The effective date of the promotional appointment shall be the employee's new salary
evaluation date.
i. 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 salary range,
there shall be no salary increase or decrease because of such transfer. The employee's salary
evaluation date shall remain the same.
RESOLUTION NO. 2014-070 PAGE 2 OF 90 NOVEMBER 25, 2014
j. Out of Class Pay
(a) 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.
(b) In order to qualify for out of class pay, the following requirements must be met:
1. The employee must assume substantially the full range of duties and
responsibilities of the higher-level position.
2. The employee must first work at least 30 regular working shifts 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 shifts have been completed. In the event of overlapping salary
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 non- ;
exempt, out-of-class work assignment. The overtime rate shall be the rate established by
the overtime regulations that apply to the higher class.
k. 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 that week. Employees assigned to be on-call while not on duty shall
remain within the range of the beeper 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.
1. Longevity Pa X— Full-time employees who have worked 10 or more years of City
service as of May 17, 2010 shall receive $100.00 per month. Part-time employees who have
worked 10 or more years of City service as of May 17, 2010 shall receive a prorated amount per
month based on hours worked per week.
in. Child Care Credit — Eligible employees receive a 50% discount for their child
care expense up to a maximum of$4,000 per year. Only employees who received this benefit as
of June 30, 2010 are eligible to receive this benefit. This benefit will be charged to the covered
employee's department.
n. Vehicle Allowance — The City Manager may approve a vehicle allowance of
$300.00 per month to be paid to department heads, and any other supervisors or managers that
the City Manager determines utilizes his/her personal vehicle for City business in a manner that
warrants receipt of the vehicle allowance. -
RESOLUTION NO. 2014-070 PAGE 3 OF 90 NOVEMBER 25, 2014
o. If, in the opinion of the City Manager, the application of the provisions of this section
results in compensating an employee at an inequitably low rate compared to other employees in
the same class, the City Manager may raise such, salary to a rate determined to be most
equitable. Such action shall not be contrary to the general intent and spirit of this section.
P. Employees Hired Under Employment Agreement—Employees who are employed
by the City pursuant to an employment agreement approved by the City Council may be subject
to different employment benefit provisions than those contained in these rules.
RESOLUTION NO. 2014-070 PAGE 4 OF 90 NOVEMBER 25, 2014
2. . . HEALTH AND RETIREMENT BENEFITS
a. Employee Health Plan The City.provides an employee health plan that includes
medical, dental and vision insurance coverage; life insurance coverage; short and long-term
disability insurance coverage; an employee assistance program; and a cafeteria plan. All regular
employees who are budgeted to work 20 or more hours per week are eligible to participate in the
Employee Health Plan. The qualifying employee's spouse or registered:domestic partner, and
legally qualified dependents are also eligible to participate in the Employee Health Plan. Such
individuals may only participate in the coverage options under the plan for which the qualifying
employee.is also an enrolled participant. All aspects of the Employee.Health Plan are eligible
for continuation under.Federal COBRA regulations. Further, if the employee qualifies for such,
the major medical insurance may be eligible for further continuation provisions under Cal-
COBRA.
b, Medical, Dental and Vision Insurance Coverage
i. Medical Insurance — The City is currently contracted with CalPERS for
major medical insurance. In accordance with the terms of its contract with Ca1PERS, the
City shall pay for insurance for an eligible employee as follows:
Type of Employee = Amount Paid
City Hall — Non-Exempt Amount equal to the; Net
Regular Employee budgeted Value Plan, Employee Only
20 or more hours, Exempt Coverage
Employee
Child Care -. .Non-Exempt Set by Ca1PERS in
Regular Employee, budgeted accordance. with GC
20 or more hours §22892 (2)
ii. Dental Insurance— The City provides.qualifying employees with a choice
of either an HMO or PPO dental insurance coverage plan. All premiums are fully paid
by the employee.
iii. Vision Insurance The City provides qualifying employees with vision
insurance coverage. All premiums are fully paid by the employee.
C. Other Insurance Coverage
i. Life Insurance — The City provides basic term life insurance for
employees and their eligible dependents subject to the following limits:
Employee—Amount equal to covered annual earnings.
Spouse/domestic partner/dependent—$3,000.00
RESOLUTION NO. 2014-070 PAGE 5 OF 90 NOVEMBER 25, 2014
z
ii. Short-Term Disability Insurance — The City offers a voluntary short-term
disability insurance coverage to all regular employees budgeted to work 20 or more hours
per week. All premiums are fully paid by the employee.
iii. Long-Term Disability Insurance — The City offers a voluntary long-term
disability insurance coverage to all regular employees budgeted to work 20 or more hours
per week. All premiums are fully paid by the employee.
iv. Supplemental Insurance—The City's Section 125 Plan provider may offer
supplemental insurance plans to qualifying employees. The City does not negotiate for
rates on these supplemental plans. Supplemental plans are not considered part of the
City's benefit package. Employees may pay for these plans by payroll deduction.
Employees may pre-tax their premiums for these plans as allowed by IRS regulations.
d. Cafeteria Plan — The City maintains a Section 125 Cafeteria Plan. The cafeteria
plan includes the following options:
i. Benefit Allowance—As a part of the cafeteria plan, the City pays a benefit
allowance to employees to offset the cost of purchasing pre- and post-tax benefits as
allowed under Section 125 of the IRS Code.
Any portion of the Benefit Allowance not utilized by the employee for the purchase of
benefits shall be considered taxable income to the employee.
Such allowance is paid according to the following schedule:
Type of Employee Years of Service % of Salary
Received
City Hall—Non-Exempt, N/A 18.1%
Regular Employee
budgeted 20 or more
hours/week, Exempt
Employee
Child Care—Regular Less than 5 years 10%
Employee,Non-exempt
budgeted 20 or more
hours/week
Child Care—Regular 5 — 10 years 14%
Employee, Non-exempt
budgeted 20 or more
hours/week
Child Care—Regular 10 or more years 18.1%
Employee, Non-exempt
budgeted 20+hours/week
RESOLUTION NO. 2014-070 PAGE 6 OF 90 NOVEMBER 25, 2014
(Suspended for Child Care Employees effective May 17, 2010, see Appendix C.)
ii. Pre-Taxing Insurance Premiums — Eligible employees may choose to pre-
tax premiums for any/all of their insurances which are purchased through payroll
deduction, except as noted below:
Life insurance premiums may only be pre-taxed to the extent permitted by current
IRS regulations.
The City does not permit employees to pre-tax the premiums of any disability
insurance product.
iii. Flexible Spending Accounts (FSA) — Employees may contribute pre-tax
dollars to the following FSA options:
Medical reimbursement account
Dependent care reimbursement account
Adoption assistance account
The type(s) of FSAs available is determined by the IRS and is thus subject to
change by the Federal Government.
FSA's are subject to annual contribution limits as established by the IRS.
Expenses paid from an FSA may not be claimed as a deduction on an employee's
tax return.
e. Retirement Benefits — The City provides retirement benefits through Ca1PERS.
All regular employees budgeted to work 20 or more hours per week shall be eligible to receive
retirement benefits.
In accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA), the
term "New Member" is defined in Gov. Code section 7522.04(f). "New member" means any of
the following:
(1) An individual who becomes a member of any public retirement system for the
first time on or after January 1, 2013, and who was not a member of any other public
retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first
time on or after January 1, 2013, and who was a member of another public retirement
system prior to that date, but who was not subject to reciprocity under subdivision (c) of
Section 7522.02.
RESOLUTION NO. 2014-070 PAGE 7 OF 90 NOVEMBER 25, 2014
(3) An individual who was an active member in a retirement system and who, after a
break in service of more than six months, returned to active membership in that system
with a new employer.
The term "Classic Member" refers to all member employees who do not fit in the
definition of new member.
i. Classic Member Employees
Retirement Formula—The retirement formula for classic member employees who
were hired by the City prior to January 1, 2013 is 2.7% at 55. The retirement
formula for classic member employees who were hired by the City on or after
January 1, 2013 is 2% at 60.
Payment of Member Contribution — The City pays 1.418% of the 8% Member
Contribution to CalPERS for classic member employees hired by the City prior to
January 1, 2013. Classic member employees who were hired by the City on or
after January 1, 2013 are responsible for paying the entire Member Contribution
to CalPERS.
Final Compensation — Final compensation for the retirement benefit for classic
members hired by the City prior to January 1, 2013 shall be the highest annual
compensation for the one year during the employee's membership in CalPERS.
Final compensation for the retirement benefit for classic members hired by the
City on or after January 1, 2013 shall be based on the highest annual average
compensation earnable during the three consecutive years of employment
immediately preceding the effective date of his or her retirement or any other
three consecutive year period chosen by the employee.
ii. New Member Employ
Retirement Formula— The retirement formula for new member employees is 2%
at 62.
Payment of Member Contribution — New member employees are responsible for
paying the entire Member Contribution to CalPERS, which constitutes one-half of
the total normal cost of the plan, as defined by CalPERS.
Final Compensation — Final compensation for the retirement benefit for new
members shall be based on the highest annual average compensation earnable
during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or any other three consecutive year period
chosen by the employee as set forth in Government Code section 7522.32(a).
iii. Classic Member and New Member Emplo. ees — Qualifying classic
/ member and new member employees shall be eligible to receive 1959 survivor benefits
and military service credit pursuant to the terms of the City's contract with CalPERS.
RESOLUTION NO. 2014-070 PAGE 8 OF 90 NOVEMBER 25, 2014
f. Alternate Retirement System — Except where required by law or by contract, all -
employees budgeted to work less than 20 hours per week and temporary employees shall be
eligible to participate in the City's Alternate Retirement System (ARS). The ARS plan is
provided in lieu of participation in Social Security, and as such shall be updated as necessary to
comply with current regulations.
g. 457 Deferred Compensation—All employees shall be entitled to participate in the
City's 457 Deferred Compensation Plan.
RESOLUTION NO. 2014-070 PAGE 9 OF 90 NOVEMBER 25, 2014
11.7 Reimbursement for Unused Sick Leave During Employment
i. Any regular full-time regular employee who has used 40 hours or less sick
leave during the calendar year shall be entitled to be reimbursed for up to 40 hours of
unused accrued sick leave so long as the employee's remaining accrued sick leave
balance does not fall below 80 hours as a result of the reimbursement.
ii. Regular part-time employees that are budgeted to work 20 or more hours
per week shall be entitled to be reimbursed for a percentage of their accrued sick leave
based on a prorated percentage of hours worked as compared to 40 hours for a full-time
employee so long as the employee's remaining accrued sick leave balance does not fall
below the same prorated percentage of 80 hours.
iii. Reimbursement for accrued sick leave for a calendar year shall not be
available to employees terminating on or before December 31 of that same calendar year.
iv. Sick Leave Sell Back Form — In order to receive reimbursement for
accrued sick leave, all eligible employees shall complete a Sick Leave Sell Back Form,
which is available in the City Manager's office. The completed form must be provided to
the Personnel Officer by no later than the first week of January of the following calendar
year.
(Suspended Effective FY 2010-2011, see Appendix C.)
RESOLUTION NO. 2014-070 PAGE 10 OF 90 NOVEMBER 25, 2014
APPENDIX C—FURLOUGH PROVISIONS
The City's employees are covered by the following furlough provisions. These
provisions are a temporary cost savings measure and shall remain in force as follows until such
time as the budget permits abolishment.
(a) All Employees
Reimbursement for unused sick leave during employment is suspended.
(b) Regular Full-Time City Hall Employees
No Merit Increases. (Effective July 1, 2009)
No Cost of Living Adjustment(COLA). (Effective July 1, 2009)
10% Reduction in Hours—Employees' hours are reduced from 40 hours per week
to 36 hours per week, thereby resulting in a 10% decrease in work
schedule, wages, and associated benefits based on wages. (Effective May
17, 2010.)
V. Part-Time City Hall Employ
No work week reduction in hours for part-time employees with no benefits, or for
part-time employees whereby a reduction in hours would result in the termination of a
current benefit(e.g. health insurance).
vi. Child Care Employees
No Merit Increases. (Effective July 1, 2009.)
No COLA. (Effective July 1, 2009.)
Benefit allowance for the cafeteria plan shall be as follows:
Type of Employee Years of Service % of Salary
Received
Child Care—Regular Less than 5 years 9%
Employee, Non-exempt
budgeted 20 or more
hours/week
Child Care—Regular 5 — 10 years 12.6%
Employee, Non-exempt
budgeted 20 or more
hours/week
RESOLUTION NO. 2014-070 PAGE 11 OF 90 NOVEMBER 25, 2014
Child Care—Regular 10 or more years 16.9%
Employee, Non-exempt
budgeted 20+hours/week
(Effective May 17, 2010.)
Benefit allowance level advancement based on years of service was frozen.
(Effective May 17, 2010.)
RESOLUTION NO. 2014-070 PAGE 12 OF 90 NOVEMBER 25, 2014