II. DEFINITIONS
A. Cellular Phone (Mobile Phone/Smart Phone): A type of short-wave analog or digital telecommunication in which a subscriber has a wireless connection from a mobile telephone to a relatively nearby transmitter. Types of cellular phones include Digital/Analog, Wi-Fi, as well as Smartphones such as Android, iPhone, and other data-enabled phones including devices and other data-enabled devices running software such as Windows Mobile and Android that are equipped with direct connect functionality.
B. Mobile Device: A mobile device is a small computing device, typically small enough to be handheld, having a display screen with touch input and/or miniature keyboard and weighing less than two pounds. Most handheld devices are generally equipped with Wi--Fi, Bluetooth, Near Field Communication (NFC), and Global Positioning System (GPS) capabilities that can allow connections to the Internet and other devices.
C. Electronic Communications: Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectric, or photo optical system, including but not limited to telephone calls, cellular phone calls, fax machine transmissions, and E-mail and text messages.
D. Electronic Communications Device: Voice or data-enabled equipment, including but not limited to land-line phones, Mobile Phones, Mobile Devices, Smartphones, two-way radios, PDAs, tablets, or any other device that may be used for Electronic Communications.
E. Electronic Communications Systems: All electronic equipment, devices, software, data, and/or other means of electronic communication (either furnished by the City or property of the employee), including, but not limited to computer hardware and software, telephones, fax machines, cellular telephones, pagers, E-mail, Internet/World Wide Web, voice mail, personal digital assistants, any wire, radio, electromagnetic, photo optical, photo electronic facilities for the transmission of Electronic Communications, and any computer facilities or related electronic equipment for the Electronic Storage of such communications as well as any newly created devices yet to be created.
F. Electronic Mail (E-mail): E-mail may include non-interactive communication of text, data, images or voice messages between a sender and designated recipient(s) by systems utilizing telecommunications links. It may also include correspondence transmitted and stored electronically using software facilities called “E-mail”, “facsimile” or “instant messaging” system, text messages, or voice messages transmitted and stored for later retrieval from a computer system.
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G. Electronic Storage Systems: Any system used to prepare, record, transfer, index, store, preserve, retrieve, or reproduce records. The system may be used to store documents and records that were originally created in an electronic format, as well as documents and records that were originally created on paper and then converted to an electronic format.Any stored data on any local or network (including cloud-based systems), attached media, wire or Electronic Communication incidental to electronic transmission thereof. It also means any stored communications by an Electronic Communications service for purposes of backup protection of such communication.
H. Hands-free: An adjective used to describe a device that can be used without the use of hands; most commonly used with mobile phones.
Handsfree devices are equipped with both a speaker and a microphone.
Common examples of handsfree devices are mobile headsets and earpieces, which can be wired or wireless, as well as Blue-tooth devices, which use wireless technology to exchange data over short distances.
I. Messaging (Instant / Text (SMS) / PIN): A text-based conference over telecommunication lines such as the Internet and/or cellular frequencies between two or more people who may or may be connected at the same time.
J. Internet: A worldwide network of systems and networks, connecting informational networks communicating through a common communications language or “protocol.”
K. Land-line: Standard telephone and data communications systems that use in-ground and telephone pole cables in contrast to wireless cellular and satellite services.
L. Litigation Hold: Also known as legal hold, is used to preserve mailbox items, data, and information stored on Electronic Storage Systems for discovery before and during legal proceedings, investigations or similar events. The goal is to preserve mailbox items from inadvertent or purposeful modification or deletion by the mailbox owner or any user with mailbox access, as well as automated deletion processes. Items in litigation hold are returned when discovery searches are performed.
M. Official: Any elected or appointed city official, including, but not limited to, city councilmembers and commissioners.
N. Public Record: Any record relating to the conduct of the public business that is prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
O. Records Retention Schedule: The most current protocol or schedule, approved by the City Council, related to the retention or destruction of city 216 of 247
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records.
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P. Social Networking Sites: Any web-based URL site that allows for the public or private posting of messages, photos or video, Social networking sites include, but are not limited to, Facebook, Instagram, Reddit, LinkedIn, Flickr, Picasa, and X (formerly known as Twitter)..
Q. Users: Any person using the City’s Electronic Communications Systems.
R. Vendors: Any private person or business enterprise doing business with the City.
III. POLICY AND PROCEDURES
A. Access of Electronic Communications Systems.
1. No City employee, official, vendor or volunteer may access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All employees, officials, vendors and volunteers requesting authorization to access the City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage shall be given a copy of this and all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance.
B. No Right of Privacy.
The City respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s work-related conduct or to the use of City-provided equipment, supplies, or property. Employees should be aware that the terms of this Policy limit their privacy in the workplace.
The City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage Systems are City property and are intended for City business. All Electronic Communications and Electronic Storage within these systems are the property of the City of Buellton, regardless of the content, including any personal communications. The City reserves the right to monitor the Electronic Communications Systems for any reason at any time without notice to the user(s), including the right to review, audit, and disclose all matters and content accessed, sent, shared, and/or stored on Electronic Communications Systems.
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As a result, all users should be aware that no Electronic Communications transmitted on the Electronic Communications Systems, or Electronic Storage contained within the systems, is private or confidential. No users should have any expectation of privacy with respect to any use, including storage, business or personal, of the City’s Electronic Communications Systems.
All users should be aware that Electronic Communications and/or Electronic Storage can be copied, modified, and/or forwarded to others without the express permission of the original author or recipient. Therefore, all users must use caution in the storage, transmission, and dissemination of Electronic Communications outside of the City and must comply with all state and federal laws. Electronic Communications, related to the conduct of City business and regardless of location, and/or Electronic Storage of the City may be recognized as official records in need of protection and/or retention in accordance with state and federal laws. All electronic communications related to the conduct of City business are subject to the Personnel Rules and all state and federal laws, including but not limited to the California Public Records Act, open meeting laws, and the federal Electronic Communications Privacy Act.
C. Passwords.
All passwords created by the user or issued to the user are not to be shared, given, or otherwise disclosed to any other person. Passwords must not be shared and maywill be changed periodically by the system administrators to ensure security. All security features contained within the City’s Electronic Communications Systems such as passwords, codes, or delete functions will not prevent the City from accessing City property and/or an employees’ business or personal Electronic Communications, stored or otherwise, on the City’s Electronic Storage Systems.
D. Appropriate/Inappropriate Use of Electronic Communications Systems.
The Electronic Communications Systems are designed to facilitate City business and communication through the appropriate use of the Electronic Communications Systems and Electronic Storage thereon. The City values its Electronic Communications Systems and Electronic Storage, and takes measures to safeguard them from corruption and illegal use, and to protect the City from any possible liability due to illegal use of the Electronic Communications Systems and Electronic Storage.
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1. It is the responsibility of each City employee and user to use the City’s Electronic Communications Systems in a professional and courteous manner. The City forbids the use of its Electronic Communications Systems in a manner that violates any law, regulation, ordinance, or policy or procedure of the City. Electronic Communications Systems should not be used in any way that is offensive, harmful, or insulting to any person. Examples of prohibited uses include, but are not limited to:
(a) Illegal activities;
(b) Solicitation of funds;
(c) Political messages or transmissions;
(d) Messages or transmissions that violate any City policy or personnel rule or law prohibiting harassment, discrimination, and retaliation based on gender, gender expression, gender identity, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, marital or registered domestic partnership status, sexual orientation, age,
pregnancy, childbirth, or related medical condition,
reproductive health decision-making, military or veteran status or any other basis protected by applicable federal, state or local law;
(e) Messages or transmissions that violate the City’s personnel rules and/or another policy of the City, including, but not limited to drug-free workplace policies; or
(f) Any other message or transmissions which are in any way inappropriate within the judgment of the Personnel Officer.
E. Personal Use of Electronics Communications Systems.
The City’s Electronic Communications Systems are primarily for conducting City business. Limited, occasional, or incidental use of the electronics communications systems (either furnished by the City or property of the employee) for personal, non-business purposes is permitted only under the following circumstances:
1. Personal use may not interfere with the productivity of the employee or the productivity of other employees;
2. Personal use may not involve any prohibited activity described in this Policy;
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3. Personal use may not involve conduct that is prohibited under other City Policy or Rule;
4. Personal use may not disrupt or delay the performance of City business;
5. Personal use may not consume City resources or otherwise deplete system resources available for the performance of City business purposes;
6. Personal use may not be used for personal employee gain or commercial ventures;
7. Personal use may not support or advocate non-City-related business purposes.
If an employee’s personal use of the City’s Electronic Communications Systems results in a cost to the City, the cost must be reimbursed to the City by the employee.
F. Retention of Electronic Communications.
No electronic communication will be considered by the City to be retained in the ordinary course of business, with the exception of electronic communications containing content required to be retained by law. All electronic communications that are public records shall be stored in hard copy or in an electronic format that meets the criteria of Government Code Section 34090.5, and is otherwise in accordance with applicable State or federal law and any adopted City policy or Records Retention Schedule.
It is the responsibility of the author or sender of an electronic communication sent internally to determine whether it is a public record. It is the responsibility of the recipient of an electronic communication received from outside City sources to determine whether an electronic communication is a public record. Once it is determined that an electronic communication is a public record, the person responsible for making that determination shall print a hard copy of the public record prior to deleting or purging the public record from the electronic communication system pursuant to any adopted City policy or Records Retention Schedule.
Electronic communications that are determined not to be public records shall be deleted from the electronics communication system in accordance with applicable State or federal law and any adopted City policy or Records Retention Schedule.
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The disclosure of public records to the public shall be governed by the California Public Records Act. Electronic communications designated as public records pursuant to this policy may be exempt from disclosure under the California Public Records Act. City employees should consult with the City Clerk or City Attorney before disclosing any public record that may be exempt from disclosure under the California Public Records Act.
G. Access to Another Person’s Electronic Communications.
Employees may not intentionally intercept, access, eavesdrop on, record, read, alter, retrieve, receive, send, or use another person’s Electronic Communications and/or Electronic Storage without proper authorization.
Employees, including system administrators and Department Directors, may not access, search, or review the Electronic Communications and/or Electronic Storage of other users without obtaining advance written authorization from either the City Attorney or City Council. A request for access must be supported by a legitimate work-related reason.
H. Requests for Access to Other Users' Data, Messages, or Phone Records.
Requests for access to a user’s individual data, messages, or phone records will be made to the Personnel Officer for initial approval and then forwarded to the City Attorney or City Council. The City Attorney or City Council, if in concurrence with the Personnel Officer, will provide written authorization to the system administrator(s) to act upon the request for access. In the event the Personnel Officer is requesting access, such request will be made directly to the City Attorney or City Council and written authorization will be provided to the system administrator.
I. City-Wide Web Site Policies.
The external (or public) City of Buellton official World Wide Web site at www.cityofbuellton.com, and all domains owned and maintained by the City, represent a fundamental communication tool for providing critical City information. The goal of the collective web sites is to encourage increased participation in City government and to help create a more vibrant community for residents and visitors alike. Toward that end, the development and use of the City’s sites are governed by the following additional provisions:
1. To preserve the public nature of the City’s Web site and to avoid any perception that the City endorses or provides favorable treatment to any private person or business enterprise (hereinafter collectively referred to as “vendor”), no corporate or commercial logos or links to vendor sites will be allowed on the City’s external Web site, unless such link represents a mission critical partnership and is permitted by the City Manager or designee.
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2. Vendors that create or maintain a home page for any City department must follow all policies established for the City’s Web site.
3. The City’s Web site is for official use only. All information disseminated through the City’s Web site must be related to the official duties and responsibilities of employees and City departments.
4. The California Public Records Act applies to information processed, sent and stored on the Internet. Confidential information should not be posted on the City’s external Web site. The Personnel Officer must approve all posted information.
5. No person may use any City Web site for campaign-related purposes.
Such campaign-related purposes include, but are not limited to, the following: statements in support or opposition to any candidate or ballot measure; requests for campaign funds or references to any solicitations of campaign funds; and references to the campaign schedule or activities of any candidate. No City official’s web site may be linked to any private web site related to a candidate’s campaign for elective office, but it may link directly to election-related pages where general, non-partisan, election and candidate information can be found.
J. Internet Usage Policies.
1. Authorization for Internet Access. Authorization for Internet access must be obtained through the employee’s supervisor. Once authorization is approved the employee is responsible for the security of his/her account password and will be held responsible for all use or misuse of his/her account. Users must maintain secure passwords.
2. Appropriate/Inappropriate Use of the Internet. Employees and users who are granted access to the Internet are expected to use this privilege in a professional and courteous manner. The prohibited uses of Electronic Communications Systems described in this Policy apply to the use of the Internet, but in addition, all users should be aware that inappropriate use of the Internet also includes, but is not limited to, the following:
(a) Using an account assigned to another user.
(b) Making an unauthorized attempt to enter any computer. (c) Posting, sending, disclosing, or providing access to any confidential City materials or information, unless expressly authorized in the course of employment.
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to any social networking or other non-City websites.
(e) Accessing websites or online content that may degrade, hamper, or impede the performance and/or capacity of the City’s Electronic Communication Systems;
(f) Accessing or viewing gross, indecent, obscene, harassing, pornographic, or sexually explicit materials;
(g) Accessing gambling sites;
(h) Accessing illegal drug-oriented sites; and
(i) Misrepresenting your identity as being someone else, real or fictional.
3. Social Networking Sites.
(a) Personal Use of Social Networking Sites. Except as is consistent with Section E of this Policy, the City does not condone the personal use of social networking sites during the workday or by using City-owned equipment. Employees are also reminded and cautioned that information posted on a social networking site may be used as evidence in
administrative or legal proceedings. An employee’s use of social networking sites in a manner that violates City Rules or Policies will not be tolerated by the City. In compliance with state law, the City will not require employees to disclose user names, passwords, or any other information related to personal social media accounts.
(b) Official City Use of Social Networking Sites. The City may elect to use social networking sites to communicate with the public. Such official use of social networking sites is regulated by the Personnel Officer. No employee is authorized to post information on a social networking site without the express, written permission of the Personnel Officer. Unauthorized posting on behalf of the City will not be tolerated.
4. City Monitoring of Information Regarding User Access to Internet Sites and System Use
(a) The City reserves the right to limit access to certain sites deemed inappropriate. Information regarding sites accessed by a user may be monitored by the systems administrator(s) if authorized in writing by the City Attorney or City Council in advance. Should the need arise; users are obligated to
cooperate with any investigation regarding the use of their computer equipment.
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(b) The City reserves the right to monitor and log all transactions in or out of the system. Information regarding such system use may be monitored by the systems administrator if authorized in writing by the City Attorney or City Council in advance. None of the security features contained within the City’s Electronic Communication Systems such as passwords, codes, or delete functions will prevent the City from accessing employees’ Electronic Communications, stored or otherwise, on the
systems.
K. Employee Terms of Use for City-Issued Electronic Communications Devices
City-issued Electronic Communications Devices are provided for conducting City business. All telephone equipment (land-line phones and cellular phones) shall be issued to personnel according to the needs defined in their job description.
The use of Electronic Communications Devices by employees for making personal calls may be permitted, subject to the provisions of this Policy, if it does not interfere with the conduct of City business. The use of City’s Electronic Communications Devices must be in accordance with the following procedures:
1. All calls should be limited to the shortest amount of time necessary to conduct City business.
2. All City employees must continuously strive to minimize costs associated with the use of City issued Electronic Communications Devices.
3. Employees are not allowed to use City-issued Electronic Communications Devices in an illegal, illicit, or offensive manner.
4. Employees are not allowed to use City-issued Electronic Communications Devices to conduct personal for-profit business.
5. Safeguarding issued equipment is the responsibility of the individual employee. Misuse or abuse of equipment may be cause for disciplinary action and/or cost reimbursement.
6. Features on cellular phones such as directory assistance, busy signal confirmations, text messaging, and emergency interrupts should only be used for official City business and only when absolutely necessary.
Misuse or negligent use of these features may be particular cause for disciplinary action and/or cost reimbursement.
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Communications Devices that may cause driver distraction when driving a City vehicle or when driving a private vehicle being used to conduct City business. Employees shall make every attempt to properly park their vehicle prior to using such devices. The only exception to this rule is if the employee uses a hands-free device.
8. Expenses incurred from any personal calls made from a City-issued Electronic Communications Devices will be the responsibility of the employee. Employees are responsible for identifying minutes of personal use and then reimbursing the City. The reimbursement amount should be a simple calculation of the per-minute rate charged for every minute of personal usage. This reimbursement should be made payable to the “City of Buellton” and should be submitted as payment to the City cashier within ten (10) days of receiving the bill.
9. The City shall provide employees with a monthly cellular phone bill and quarterly desk phone usage report for the telephone numbers assigned to them. It is the responsibility of the employee to identify the minutes of personal use and reimburse the City. This reimbursement should be made payable to the “City of Buellton” and should be submitted as payment to the City cashier within ten days of receiving the bill or usage report.
L. Monitoring of Usage and Bills for City-Issued Electronic Communications Devices
1. Department Directors are responsible for reviewing and monitoring their staff’s cell phone bills on a regular, usually monthly, basis.
Department Directors are also responsible for distributing the cell phone bills to their employees for review of personal use. (a) If cellular phone overage is due to increased City business use, the employee must tell his/her supervisor, who must notify the Personnel Officer. The City will determine in its sole discretion whether the employee’s plan should be altered.
2. On an annual basis, the Department Directors will review which employees have City-issued Electronic Communications Devices and whether or not they still need them to conduct City business.
2.3. Department Directors are responsible for documenting the issuance of an Electronic Communications Device and its accessories, if any, and ensuring that they are returned once the employee has exited the department.
M. INFORMATION AND ASSISTANCE
Any employees experiencing difficulties in the use of City’s internet services or in interpreting or implementing the City’s Electronic Communications Systems 226 of 247
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Policy are encouraged to contact the Human Resources Office.
M.N. Violations of Policy
Violations of this Policy shall be reported to the appropriate Department Director, the Personnel Officer, or the City Attorney only. Any employee who accesses the City’s Electronic Communications Systems without complying with the procedures set forth in this Policy or otherwise violates this Policy may be subject to disciplinary action, up to and including termination, as provided for in the City’s Personnel Rules. In addition, misuse of the Electronic Communications Systems by any user may, in appropriate cases, be referred for criminal prosecution.
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CITY OF BUELLTON
Electronic Communications Policy Acknowledgement
I, _______________________________, have received, read, and understand the City of Buellton’s Policies and Guidelines on City Electronic Communications Systems. I am aware that violation of this Policy may result in disciplinary action, up to and including termination, as provided for in the City’s Personnel Rules. I understand this signed acknowledgement will be maintained in my personnel file.
I recognize and understand that the City’s Electronic Communications Systems are to be used primarily for conducting City business. I am aware that I have no expectation of privacy or confidentiality when using the City’s Electronic Communications Systems and/or Electronic Storage. I understand that the City has, and will exercise, the right to monitor, review, copy, and/or disclose all matters on the City’s Electronic Communications Systems and/or Electronic Storage at any time, with or without notice to me, and that such access may occur during or after working hours. I realize that the use of a password or other security features does not restrict the City’s access.
Furthermore, I understand that I am responsible for retaining any Electronic Communications related to City business, regardless of whether the Electronic Communication is located within a City-issued or personal Electronic Communications Device, or City-issued or personal e-mail account. I agree to comply with any applicable law or policy regarding such records and cooperate with the City to document and conduct reasonable searches for any Electronic Communications responsive to any Public Records Act request submitted to the City.
I understand that no statement or representation by a supervisor or manager or any other employee, whether oral or written, can supplement or modify this policy.
I also understand that any delay or failure by the City to enforce any work policy or rule will not constitute a waiver of the City’s right to do so in the future.
I agree to comply with all provisions of this Policy.
I also hereby consent that the City may monitor, review, and/or copy any information, both personal and business related, on the City’s Electronic Communications Systems and/or Electronic Storage at any time, and may, without further notice, disclose that information to a third party, including law enforcement agencies..
_______________________________
Employee's Name (PLEASE PRINT)
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Employee's Signature
_______________________________
Date
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POLICY PROHIBITING HARASSMENT, DISCRIMINATION, RETALIATION AND
ABUSIVE CONDUCT
I. INTRODUCTION
A. The City is committed to preventing harassment, discrimination, retaliation and abusive conduct. To this end, the City maintains this Policy prohibiting harassment and discrimination because of gender, gender expression or gender identity, genetic characteristics or information, race (including traits associated with race, such as hair texture and hairstyles), color, national origin, ancestry, religion, creed, sex, gender, gender identity, gender expression, genetic characteristics or information, physical or mental disability, medical condition, childbirth, breastfeeding or related condition, reproductive health decision-making, pregnancy, marital status, military or veteran status, sexual orientation, age, or any other basis protected by applicable federal, state, or local law, or any combination of such protected characteristics, a perception that the individual has any of those characteristics or any combination of those includingcharacteristics, including based on association with individuals with these protected characteristics, or any combination of these characteristics.perception that an individual has one or more of these protected characteristics. This Policy also prohibits retaliation and abusive conduct.
B. This Policy applies to all employees, interns, and volunteers involved in the operations of the City, including those not in the competitive service, and prohibits harassment, discrimination, retaliation and abusive conduct by any employee of the City, as defined in this Policy, and by others doing business with the City.
II. DEFINITIONS
A. Abusive Conduct: Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests, but is not due to an employee’s Legally Protected Category. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. Workplace bullying, including off-duty cyber-bullying of employees, is strictly prohibited. While abusive conduct and bullying are not per se unlawful, such conduct does violate City policy and will not be tolerated.
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treated differently or less favorably than other employees similarly situated to him/her because he or she is a member of a legally protected category.
Examples of conduct that can constitute discrimination if based on an individual’s Legally Protected Category or Characteristic include, but are not limited to the following:
1. Failing or refusing to hire an individual based on their Legally Protected Category or Characteristic.
2. Terminating an individual from employment based on their Legally Protected Category or Characteristic.
B.3. Singling out or targeting an individual for different or less favorable treatment because of their Legally Protected Category or Characteristic
C. Employee: Any individual under the direction and control of the City under any appointment or contract of hire or apprenticeship, express or implied, oral or written. For purposes of this Policy, the term “employee” includes any individual who is a paid or unpaid intern or volunteer of the City. The inclusion of any individual, including but not limited to paid or unpaid interns and volunteers, in the definition of “employee” for purposes of this Policy should not be interpreted to affect the applicability of any other rule, policy or procedure of the City to interns and volunteers.
D. Harassment: Unwelcome verbal, visual, or physical conduct based on an employee's Legally Protected Category that creates an intimidating, offensive, or hostile work environment or that interferes with work performance. Such conduct constitutes harassment when:
1. Submission to the conduct is made either an explicit or implicit condition of employment, or an unpaid internship or volunteer program;
2. Submission to or rejection of the conduct is used as the basis for an employment decision, or any decision related to an unpaid internship or volunteer program; or
3. The conduct unreasonably interferes with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job or creates an intimidating, hostile, or offensive work environment.
Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s Legally Protected Category. Harassing conduct is prohibited whether directed at an employee by a person of the same or different Legally 231 of 247
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Protected Category. Harassment is prohibited whether it involves a co-worker, subordinate, supervisor or manager, or third parties doing business with or for the City.
E. Legally Protected Category: Gender, gender expression or gender identity, genetic characteristics or information, race (including traits associated with race, such as hair texture and hairstyles), color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, childbirth, breastfeeding or related condition, pregnancy, reproductive health decisionmaking, marital status, military or veteran status, sexual orientation, age (40 and over), or any other basis protected by applicable federal, state, or local law, , or any combination of such protected characteristics, a perception that the individual has any of those characteristics or any combination of those characteristics, including based on association with individuals with these protected characteristics, or any combination of these characteristics.including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.
F. Retaliation: Taking adverse action against any employee because of (1) the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination, harassment, retaliation, or abusive conduct or (2) because of the employee’s participation in an employment discrimination, harassment, retaliation, or abusive conduct investigation, proceeding, or hearing. or (3) because of such opposition or participation by a family member or close associate of the employee. Further, retaliation includes adverse employment action due to an employee’s request for a reasonable accommodation.
1. Examples of Opposition: Opposition to perceived harassment or discrimination includes threatening to file a discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the California Civil Rights Department of Fair Employment and Housing (“CRDDFEH”), or court, or complaining about alleged employment discrimination or harassment to a manager, co-worker, or other official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. A complaint about an employment practice constitutes protected opposition only if the employee communicates to the City a reasonable good faith belief that the practice opposed constitutes unlawful employment discrimination or harassment.
Opposition in a manner which disrupts the workplace, or which constitutes an unlawful activity, or engaging in badgering or threatening of employees or Department Directors is not protected.
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investigation, proceeding, hearing, or litigation under federal or state employment discrimination or harassment statutes or at other hearings regarding protected employee rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights.
3. Examples of Adverse Action: An adverse action can include, but is not limited to, the following acts, when the act is taken because of the employee’s opposition to harassment or discrimination, or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing: Disciplinary Actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, actions that harm the employee outside the workplace, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties.
G. Sexual Harassment: Unwanted sexual advances, requests for sexual favors or visual, verbal, or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job or creating an intimidating, hostile or offensive working environment. This definition includes potential forms of offensive behavior, such as the following:
1. Physical Unwanted sexual advances.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Visual conduct, such as leering, making sexual gestures, displaying of sexually explicit jokes or images, comments about an employee’s body or dress.
5. Verbal sexual advances or propositions.
6. Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations.
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7. Physical conduct: touching, assault, impeding, or blocking movements.
8. Retaliation for reporting harassment or threatening to report harassment.
8.9. Electronic communications such as emails, texts, or internet use that violate this policy.
Sexual harassment includes many forms of offensive behavior and harassment can occur between members of the same or opposite sex. Sexual harassment need not be motivated by sexual desire. Sexual harassment can be based on pregnancy, childbirth, or related medical conditions where such conduct unreasonably interferes with the employee’s work performance, affect or impact an employee’s terms and conditions or privileges of employment or creates an intimidating, hostile or offensive work environment. Sexual harassment of an employee is prohibited whether it involves a co-worker, supervisor or manager, subordinate, a Department Director, or persons doing business with or for the City.
H. Supervisor: Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct other employees, or to adjust their grievances, or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment..
III. COMPLAINT PROCEDURE
A. The City’s complaint procedure provides for an immediate, thorough, and objective investigation of every discrimination, harassment, retaliation, and abusive conduct claim and for appropriate corrective action based on a sustained finding of prohibited discrimination, harassment, retaliation, abusive conduct, or other misconduct. , The City cannot resolve discrimination, harassment, retaliation, or abusive conduct unless the City is aware of the misconduct. The City relies upon its employees to bring those concerns to the attention of the City so that the necessary steps can be taken to investigate and correct the situation.
Accordingly, applicants and employees should follow the following procedure to notify the City of conduct believed to be discrimination, harassment, retaliation, or abusive conduct.
ALL EMPLOYEES SHOULD NOTE THAT THE FAILURE TO USE THE CITY’S
COMPLAINT PROCEDURE MAY HAVE AN ADVERSE EFFECT ON ANY
CLAIM UNDER THIS POLICY WHEN SUCH CLAIMS ARE LITIGATED.
B. Filing a Complaint: All applicants and employees who believe they have been harassed, discriminated, retaliated against or subjected to abusive conduct on the job, including by persons doing business with or for the City, must provide a 234 of 247
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written or verbal complaint to a supervisor, Department Director, the Human Resources Director, or to the City Manager as soon as possible.
1. Complaints regarding a person within the employee’s direct chain of command must be provided to a supervisor or Department Director outside the chain of command, the Human Resources Director or the City Manager.
2. Complaints regarding the City Manager must be submitted to the City Attorney or the Human Resources Director, and complaints regarding the City Attorney must be submitted to the City Manager or the Human Resources Director for consideration by the City Council during closed session.
3. Complaints regarding a member of the City Council or other elected or appointed official must be reported to the City Manager, the Human Resources Director, or the City Attorney.
4. The City may take measures such as temporary reassignment of employees or placement of employees on paid administrative leave following receipt of a complaint.
C. The complaint should be as detailed as possible, and should include the following information:
1. The employee's name and position title.
2. The name of the person or persons committing the conduct believed to be discrimination, harassment, or retaliation, including their title(s).
3. The specific conduct believed to be discrimination, harassment, retaliation, and/or abusive conduct, how long it has been going on, and any adverse employment action or adverse effect on the work environment that is believed to have resulted from the complained-of conduct.
4. Witnesses to the conduct, if any.
5. Whether there have been any previous reports of the conduct believed to be discrimination, harassment, retaliation, or abusive conduct and, if so, when and to whom.
6. Any supporting documentary evidence, which should be attached to the complaint.
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D. Supervisors and Department Directors must immediately refer all harassment or discrimination complaints to the Human Resources Director.
E. Applicants and employees will not be penalized in any way for filing a good faith complaint of potential discrimination, harassment, retaliation, or abusive conduct, or for participating in good faith in an investigation.
F. Investigation of Complaints: All incidents of conduct believed to be discrimination, harassment, retaliation, or abusive conduct that are reported must be investigated. The Human Resources Director, or other appropriate person, will immediately undertake or direct an effective, thorough, and objective investigation of the alleged conduct.
1. All employees involved in a workplace investigation into alleged discrimination, harassment, retaliation, or abusive conduct are required to fully and truthfully cooperate with the investigation. Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action, up to and including termination.
H. Corrective Action: The investigation will be completed and a determination will be made and communicated to the employee(s) who complained and the accused individuals. If the City determines that discrimination, harassment, retaliation, abusive conduct, or other misconduct has occurred, the City will take effective corrective action commensurate with the circumstances. Appropriate action will also be taken as appropriate to deter any future discrimination, harassment, retaliation, or abusive conduct.
In light of the City’s duty to prevent harassment, discrimination, and retaliation and in light of the City’s desire to have a professional and productive work environment, the City reserves the right to take appropriate corrective action when an employee engages in inappropriate conduct that does not fully rise to the legal standards and definitions set forth in Section II but violates other City policy or standards of conduct. For example, the City may take appropriate corrective action for inappropriate conduct, even if such conduct was not subjectively unwelcome or offensive to another employee of the City.
IV. EMPLOYEE’S DUTY TO DISCLOSE BENEFITS RECEIVED
Employees are hereby informed that no Department Director, Manager, or Officer of the City, or other person or entity doing business with the City, is authorized to expressly or impliedly condition the receipt or denial of any benefit, compensation, or other term or condition of employment on your acquiescence to any sexual demand. To the contrary, all employees are instructed that they must refuse such demands and report them promptly either to a Department Director, the Human Resources Director, or to the City Manager. Any employee who is found to have accepted any benefit from the City because he/she submitted to an unreported sexual demand will be disciplined 236 of 247
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appropriately, including but not limited to, reimbursement for the value of any benefits received. Any employee making such a demand will be similarly disciplined.
V. ANONYMITY AND CONFIDENTIALITY
A. While the City will investigate anonymous complaints, the City strongly discourages anonymous complaints. EMPLOYEES CHOOSING TO FILE A
COMPLAINT ANONYMOUSLY MUST BE AWARE THAT ANONYMITY IN THE
COMPLAINT PROCEDURE MAY COMPROMISE THE CITY'S ABILITY TO COMPLETE A THOROUGH INVESTIGATION. Employees should also be aware that should the City learn of the identity of an anonymous complainant, the City cannot guarantee that his/her identity will remain confidential, if the City determines in its discretion that disclosure is necessary to complete the investigation.
B. The City will take all reasonable steps available to maintain the confidentiality of all complaints of discrimination, harassment, retaliation, or abusive conduct as well as all information gathered during an investigation. However, the City retains sole discretion to determine whether disclosure of information is necessary to complete the investigation or to otherwise comply with applicable legal obligations.
C. All employees involved in the investigation of discrimination, harassment, retaliation, and/or abusive conduct complaints as either investigator(s), complainant(s), witness (es), or accused are required requested to keep all information related to the investigation confidential. Revealing such information is grounds for Disciplinary Action, except in discussion with a legal representative or as otherwise permitted by applicable law.
C.D. Obligation to Cooperate: All employees involved in a workplace investigation into alleged harassment, discrimination, or retaliation are required to fully and truthfully cooperate with the investigation. Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action as provided for in the City’s Personnel Rules and Regulations Manual, up to and including termination.
VI. SUPERVISOR'S EMPLOYEES’ OBLIGATION TO REPORT HARASSMENT,
DISCRIMINATION, RETALIATION AND ABUSIVE CONDUCT
Any supervisor or Department Director who receives a complaint of conduct believed to be discrimination, harassment, retaliation, or abusive conduct, who witnesses conduct that appears to be discrimination, harassment, retaliation, or abusive conduct or who has any reason to believe that discrimination, harassment, retaliation, or abusive conduct has occurred in the workplace is required to report the conduct immediately to the Human Resources Director. While non-supervisory employees are not required 237 of 247
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under this Policy to report potential harassment, discrimination, or retaliation, they are strongly encouraged to do so. If a non-supervisory employee elects to report potential harassment, discrimination, or retaliation, the employee may report to any supervisor or to the Human Resources Manager.
VII. INTENTIONALLY FALSE COMPLAINTS
Employees are prohibited from making an intentionally false complaint of discrimination, harassment, retaliation, or abusive conduct. An intentionally false complaint is a complaint that the employee demonstrably does not believe to be true. Any employee making an intentionally false complaint shall be subjected to Disciplinary Action, up to and including termination.
VIII. ADDITIONAL ENFORCEMENT INFORMATION
In addition to the City’s internal complaint procedure, employees should also be aware that the Equal Employment Opportunity Commission (“EEOC”) and the CRDDepartment of Fair Employment and Housing (“DFEH”) investigate and prosecute complaints of harassment, discrimination, or retaliation in employment.
EEOC: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California, 90012; 800-669-4000 / 800-669-6280 (TTY); www.eeoc.gov.
DFEHCRD: Los Angeles Office, 320 West 4th Street, 10th Floor, Los Angeles, California 90013; 800-884-1684 / 800-700-2320 (TTY);
www.dfeh.govhttps://calcivilrights.ca.gov.
IX. MANDATORY SEXUAL HARASSMENT PREVENTION TRAINING AND
POLICY DISSEMINATION
All employees who are hired by the City will be given a copy of this Policy, and will receive guidance from the City on its provisions and the City’s commitment to provide a workplace that is free of conduct prohibited under this Policy. In addition, all Department Directors, supervisors, nonsupervisory, and temporary/seasonal employees will be trained in accordance with the requirements of the Fair Employment and Housing Act (Government Code § 12950.1) and implementing regulationsemployees will receive training as provided in this Policy.
A. All employees will be given a copy of this policy, and will receive guidance from Human Resources on its provisions and the City’s commitment to provide a harassment-free, discrimination-free, and retaliation-free workplace. All nonsupervisory employees and temporary/seasonal employees will receive training in accordance with the requirements of the Fair Employment Housing Act (Government Code section 12950.1) and implementing regulations. 238 of 247
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B. Supervisory Employees:
1. All supervisors will be trained once every two years on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a non-supervisory position or as a new employee shall receive training within six months of their hiring or assumption of the supervisory position.
2. Supervisory training will last for a minimum of two hours.
3. Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
a. Information and practical guidance regarding federal and state statutory laws about sexual harassment;
b. Information about the correction of sexual harassment and the remedies available to victims of sexual harassment;
c. Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation; and d. Information and practical guidance regarding the prevention of abusive conduct, which is defined as follows: conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act does not constitute abusive conduct, unless especially severe and egregious.
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By my signature below, I acknowledge that I have received, read and understood the City of Buellton’s Policy Prohibiting Harassment, Discrimination, and Retaliation, and Abusive Conduct, and I will abide by its terms. I understand that failure to fully comply with all terms set forth in the Policy may lead to disciplinary action, up to and including termination.
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ACKNOWLEDGEMENT OF RECEIPT
By my signature below, I acknowledge that I have received, read, and understood the City of Buellton's Policy Prohibiting Harassment, Discrimination, Retaliation, and Abusive Conduct and I will abide by its terms. I understand that failure to fully comply with all terms set forth in the Policy may lead to disciplinary action, up to and including termination.
_______________________________
Employee's Name (PLEASE PRINT)
_______________________________
Employee's Signature
_______________________________
Date
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CITY OF BUELLTON
PAID FAMILY LEAVE POLICY
I. PURPOSE:
To provide employees with information about and establish guidelines for the taking of paid family leave. The City of Buellton (“City”) will provide family and medical care leave for eligible employees as provided in this Paid Family Leave Policy (“Policy”). Leave under this Policy may be used concurrently or consecutively, based on employee’s preference and subject to the City’s approval, with leave provided under the City’s Family Care and Medical Leave Policy, and Pregnancy Disability Leave.
II. POLICY:
A. Definitions:
1. Child: a child is any of the following: 1) a biological child; 2) an adopted child; or 3) a foster child.
2. Reproductive Loss: means any of the following:
a. Miscarriage: means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy;
b. Stillbirth: means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth; or
c. Failed adoptions: means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to any person who would have been the parent if the adoption was completed. Employees may be required to provide documentation regarding such failed adoption at the City’s request.
3. Serious Health Condition: Serious health condition under this Policy has the same meaning as it does under the City’s Family Care and Medical Leave Policy, except that the definition of Family Member in the City’s Family Care and Medical Leave Policy does not apply to leaves under this Policy.
4. Family Member: means child, including a person to whom the employee stands in loco parentis, spouse, domestic partner, parent, including an individual who stood in loco parentis to the employee, or sibling, grandparent, or grandchild. Employees may be required to provide documentation verifying familial relationship to the City’s satisfaction. “In loco parentis” means in the place of a parent; instead of a parent; charged with a parent's rights, duties, and responsibilities. It does not require a biological or legal relationship.
5. Bereavement: death of a family member as defined under this Policy. Employees may be required to provide documentation verifying familial relationship and death to the City’s satisfaction.
B. Eligibility: To be eligible for leave under this Policy, an employee must be a full-time employee, working at least forty (40) hours per workweek, for at least twelve consecutive 242 of 247
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months, at the time leave begins. Leave taken for qualifying reasons provided under section II.D.1 and II.D.2, must occur within eighteen twenty-four (2418) months of birth or placement of the child. Leave taken for qualifying reason II.D.3, must occur within twelve (12) weeks of reproductive loss. Leave taken for qualifying reason II.D.4 must occur while the employee or family member have the serious health condition, or within ninety (90) days of the family member’s death for bereavement.
C. Amount of Leave Entitlement: Eligible employees are entitled to the following under this Policy:
1. Leave for reasons under sections II.D.1 and II.D.2: Receive up to twelve (12) weeks of paid leave, at 100% of their base salary, under this Policy on a rolling twelve (12) month basis. Benefit amount is subject to the concurrent use of accrued paid leaves as further provided in this Policy. Leave under this subparagraph is capped at twelve (12) weeks per child. If both parents are eligible for leave under this Policy and both parents request leave under this Policy for reasons under sections II.D.1 or II.D.2, the City reserves the right to stagger approval for leave request to only permit one parent to take leave at a time under this Policy.
2. Leave for reasons under section II.D.3: Receive up to twelve (12) weeks of paid leave, at 100% of their base salary, under this Policy on a rolling twelve (12) month basis.
Benefit amount is subject to the concurrent use of accrued paid leaves as further provided in this Policy.
3. Leave for reasons under section II.D.4: Receive up to eight (8) weeks of paid leave, at 100% of their base salary, under this Policy on a rolling twelve (12) month basis.
Benefit amount is subject to the concurrent use of accrued paid leaves as further provided in this Policy.
4. Total amount of leave under this Policy shall not exceed thirty-two (32) weeks in a rolling twelve (12) month period.
D. Qualifying Reasons for Paid Family Leave: Eligible employees may take paid family leave for any of the following qualifying reasons:
1. The birth of a child of the employee and in order to care for such child.
2. The placement of a child with the employee for adoption or foster care of the child by the employee and in order to care for that child.
3. The employee's Reproductive Loss.
4. Employee’s own serious health condition, family member’s serious health condition, or bereavement.
E. Impact on Probationary Period: Eligible employees who are serving a probationary period and take leave under this Policy will have their probationary period tolled commensurate with the duration of leave. Such tolling of the probationary period does not affect the City’s ability to extend an employee’s probationary period for any other reason and as may be provided in the City’s Personnel Rules.
F. Concurrent Use of Accrued Paid Leaves: Leave taken under this Policy is paid.
Employees may elect based on employee’s preference, and subject to the City’s approval, to use leave under this Policy with leave provided under the City’s Family Care and Medical Leave Policy.
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G. Coordination with wage replacement plans and other paid leaves: If an employee who is on leave under this Policy is also receiving a wage replacement payment, the City will coordinate the employee’s paid leave under this Policy with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary. Such coordination will not extend the employee’s leave entitlement under this Policy. Employees are not entitled to use any other paid leave during leave under this Policy, and in no circumstance is an employee entitled to receive more than the amount equal to the employee’s regular salary.
H. Intermittent or Reduced Schedule Leave: Intermittent leave is leave taken on an asneeded basis in increments of minutes, hours, or days. A reduced schedule involves a reduction in the number of hours per day or per week that an employee regularly works, with the employee substituting leave time for hours not worked. The minimum leave increment that can be taken by an employee under this Policy is one day.
1. Calculation of Intermittent or Reduced Schedule Leave: The maximum equivalent number of hours to which an employee may receive as leave under this Policy is 480 hours of leave.
2. Conditions for Taking Intermittent or Reduced Schedule Leave a. Leave taken under sections II.D.1 and II.D.2 may be taken on an intermittent or reduced schedule basis, The basic minimum duration of a leave under sections II.D.1 and II.D.2 shall be two weeks. However, the City will also grant two requests for shorter leave periods in the applicable eighteen month period.
b. Leave taken under sections II.D.3 and II.D.4 may be taken intermittently or on a reduced leave schedule when medically necessary (as distinguished from voluntary treatments and procedures).
H. Employee Notice: Employees requesting leave under this Policy must notify Human Resources supervisor in accordance with the rules set forth below. Employees will provide Human Resources the supervisor with sufficient information to make the City aware that the employee is requesting leave under this Policy, and the anticipated timing and duration of that leave. If an employee makes a request under this Policy to a supervisor, the sSupervisors must forward any such requests to Human Resources. Employees may also provide notice of requested leave directly to human resources.
1. Foreseeable Events: An employee must provide the City with at least 30 days’ advance notice before the date the leave is to begin, or must provide notice as soon as is practicable, normally the same business day or next business day if the employee is off work when the employee learns of the need for leave. If the employee provides less than 30 days’ advance notice, the City may require explanation of why 30 days’ advance notice was not practicable. a. In any case in which the need for leave is foreseeable based on one of the circumstances listed below in sub-section b., the employee shall make a reasonable effort to schedule any planned medical treatment or supervision so as not to unduly disrupt the operations of the City. b. The need for leave is considered “foreseeable” when it is taken for any of the following reasons:
i. Planned medical treatment for a serious health condition of the employee.
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ii. Planned medical treatment for a serious health condition of a family member.
iii. An expected birth, or placement for adoption or foster care. c. If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the taking of the leave by up to 30 days after the date the employee provides notice of the need for leave.
2. Unforeseeable Events: If an employee requires leave for an unforeseeable event, the employee is required to provide notice to the City as soon as is practicable.
3. Notice of Intermittent/Reduced Schedule Leave: The notice requirements for foreseeable intermittent or reduced schedule leaves shall be the same as for other foreseeable leaves, and the notice requirements for unforeseeable intermittent or reduced schedule leave shall be the same as for other unforeseeable leaves.
4. Contents of Notice: All requests for leave should include the anticipated date(s) and duration of the leave and be sufficient to make the City aware that the employee needs leave. The employee must state the reason the leave is needed, by reference to the list in Section II.D. of this Policy.
5. Changes to Dates of Leave: The employee must advise the City as soon as practicable when the employee learns that the dates of the leave may change.
6. Requests for Extension: Any requests for extensions of leave must be received at least five business days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the additional leave.
J. Medical Certification and Recertification: Any request for leave for an employee’s own serious health care condition or for leave to care for a family member with a serious health condition must be supported by medical certification from the treating health care provider.
Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. Any request for an extension of leave also must be supported by a medical certification from the treating health care provider. Again, employees are encouraged to use the City's medical certification to ensure that all pertinent information is obtained.
1. Timing of Request for Medical Certification: The City will request medical certification within five business days after receiving request for leave.
2. Timing for Employee’s Return of the Medical Certification: All medical certifications and recertifications must be returned to the City within 15 days from the City request, regardless of whether the leave is foreseeable or unforeseeable.
Exceptions to this may be granted when it is not practicable to provide the certification or recertification within 15 days, despite the employee’s diligent, good faith efforts to do so.
3. Certification for Serious Health Condition of Family Member: The employee must have the patient’s treating health care physician complete a medical certification form when requesting family leave to care for a Family Member with a serious health condition. Employees are encouraged to use the City’s medical certification form to ensure that all pertinent information is obtained. 245 of 247
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4. Medical Recertification: If the employee requests additional leave beyond the time period which the health care provider originally estimated that the employee needed to take care of a Family Member, the City may request a recertification from the employee.
K. Employment Benefits and Protection:
1. Previously Accrued Benefits and Seniority Status:
a. Leave under this Policy will not result in the loss of any employment benefits accrued before the date the leave commenced.
b. Leave under this Policy will not constitute a break in service or otherwise cause the employee to lose longevity or seniority, even if other paid or unpaid leave constitutes a break in service for purposes of establishing longevity or seniority, or for layoff, recall, promotion, job assignment, or seniority-related benefits. Notwithstanding the foregoing, leave under this Policy tolls an employee’s required probationary period.
2. Maintenance of Benefits: Employees will continue to receive the same benefits, including medical benefits, while on leave under this Policy. An employee will continue making the employee contributions as may be required for their benefits, including their health insurance, and the City shall be responsible for the continued payment of the City’s share of the cost of the employee’s benefits, including health benefits, during the leave period.
L. Reinstatement:
1. Restoration to Position: When an employee returns from a leave under this Policy, the employee will be restored to the position held when the leave began, or to a comparable position, with equivalent (i.e. virtually identical) employment benefits, pay, and other conditions of employment.
2. Denial of Restoration Rights: The City may refuse to reinstate an employee to the employee’s pre-leave position at the conclusion of a leave under this Policy when the employee’s position and any comparable position have ceased to exist because of legitimate business reasons unrelated to the employee’s leave. The City may offer the employee any other position that is available and suitable. The City is not required to create new employment that would not otherwise be created, discharge or transfer another employee, or promote another employee who is not qualified to perform the job.
M. No Cash Value at Termination:
Employees are not entitled to cash out leave under this Policy and paid leave under this Policy has no cash value upon employee’s separation from employment.
III. AUTHORITY TO REVISE AND MODIFY
Employees are expected to fully cooperate with the City in meeting the obligations and requirements set forth under this Policy. An employee’s cooperation includes, but is not limited to, timely completion of all requested forms and responding to all inquiries for additional information.
Cooperation also requires that an employee respond to the City’s inquiries for information to determine whether the employee’s requested leave qualifies under this Policy. Employees are also required to consult with the City and make a reasonable effort to schedule foreseeable treatments 246 of 247
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so as to not unduly disrupt the City’s operations. Employees on family care or medical leave will respond to the City’s reasonable inquiries and keep the City updated as to the status of the employee’s family care or medical leave. Failure to cooperate with the City or failure to meet the employee’s responsibilities may result in a delay in granting the employee’s leave, a denial of leave.
Employees who have questions about their responsibilities under this Policy will direct their inquiries to Human Resources.
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