D Reimbursement for bona fide health-related expenses, which may be eligible expenses under the Flexible Benefit Program may be subject to payroll taxes unless related to a particular medical condition and so presuibed by a medical doctor.
The City will revisit the annual Wellness Allowance taking inflation into consideration.
8.4 OUTSIDE COVERAGE OPTION:
C.
The employee is not required to select or participate in any health/dental insurance program provided by the City, but such employee must provide satisfactory documentation that he/she is covered by an alternative health/dental insurance program.
Those employees with proof of health andlor dental insurance coverage who choose not to participate in the City's group health insurance and/or dental insurance program due to the availability of other coverage through a spouse's employer, the military, or other source, will receive, in addition to the Flexible Benefit Program allowance, a benefit allowance equal to fifty percent (50%) of the premium charged for the annual single coverage in the PERS basic HMO Plan available to this group of employees. An employee shall receive this benefit allowance as a one-time cash payment, with such payment subject to payroll taxes.
Those eligible employees who participate in the City's group health insurance program and have an eligible spouse or family dependents, but select single coverage and choose to cover any dependents under insurance offered through a spouse's employer, the military, or other source will receive, in addition to the employer contribution, the fully paid premium contribution balance for single health insurance coverage and the wellness benefit allowance as provided for in Section 8.3, plus an additional benefit equal to 50% of the allowance specif,red in the above section, 8.4(B).
8.5 FITNESS PROGRAM:
The City will reimburse employees at the rate of $600.00 per fiscal year ($50.00 per month) for the employee's membership fee at an athletics club or fitness program approved by the City Manager.
SECTION 9 SERVICE AWARDS
The City of Carpinteria has established appropriate service awards to recognize continuous service with the City at levels of five, ten, fifteen, twenty, twenty-five and thirty years. In addition, in recognition of long-time service of twenty-five and thirty years eligible employees are entitled to the following recompense:
Twenty Five Year Service Recognition
Upon completion of twenty-five years of continuous service, eligible employees will be entitled to two personal days of leave per fiscal year. The hours will not have a cash value nor will they Conditions of Employment for
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July l, 2023 to June 30, 2024
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accumulate to be carried over to the next fiscal year. The use of the days as time off shall be subject to the regular request process.
Thirty Year Service Recognition
Upon completion of thirty years of continuous service, eligible employees will receive a commemorative recognition gift and be entitled to have three additional days added to their existing leave bank hours.
SECTION 10 LIFE INSURANCE
10.1 LIFE INSURANCE:
The City will maintain a group term life insurance policy for employee only, the beneficiary to be designated by the employee. The cost of the premium for this policy to be paid in full by the City.
The coverage of such life insurance for this classification of employee will be $50,000 subject to conditions of the providing life insurance company.
Employees retiring with 20 years or more on continuous service with the City and enrolled in the City's group life insurance at the time of retirement, may continue to be covered at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.
SECTION 11 EDUCATION/TRAINING AND PROFES SIONAL
DE\rELOPMENT
11.1 TRAINING PROGRAMS:
The City recognizes the importance of training programs and advancement of employees to higher skills and encourages employees to participate in programs to improve his/her performance on the job. Al1 direct costs for all training or instruction required by the City shall be paid for by the City, provided however that no overtime shall accrue to employees for travel time to or from any training program conducted on a non-City site.
To the extent funding is available, the City shall provide for tuition and textbook reimbursement for regular full-time employees to a maximum of $200 per fiscal year.
Only educational course work recommended by the city and directly related to the affected employee's position with the City will be considered for reimbursement. Only costs for the books required for approved courses shall be deemed reimbursable. All application for reimbursement shall be approved by the City Manager or his/her designee prior to enrollment in the coursework. Reimbursement will be made upon written proof that the employee received a final grade of B or better or, in the case of a non-grade course received a Pass or Satisfactory final grade.
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Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 Lo June30,2024
D Meeting, travel and/or training expenses will be paid and/or reimbursed with prior authorization by the City Manager or his/her designee as described above and in conformance with the City's Travel and Expense Reimbursement Policy.
SECTION 12 MISCELLANEOUS POLICIES
I2.I PHYSICAL EXAMINATION:
The City encourages all employees to have an annual physical examination as provided for under our health insurance benefits.
I2.2 DRESS AND DECORUM:
All employees shall observe professional standards of dress, and decorum considered suitable for general public contact based on current social standards as interpreted by the City Manager.
While on duty, Code Compliance officers shall wear official City-issued uniforms.' Field uniforrns are not to be worn off duty. If a uniform is worn going to or from work, in order to not give the appearance of an employee being on duty when he/she is ofhcially off duty, the City's uniform insignia must not be visible on public service uniforms.
Employees will comply with standards of dress consistent with the positive representation of the City government through its employees. Employees are also to comply with any uniform requirements and wear all safety apparel and equipment required for their position. No dress codes other than the above standard are to be established in the various departments.
I2,3 EMPLOYEE RESPONSIBILITIES:
Each employee shall comply with all safety laws, rules and regulations and adopted polices of the City in performing the duties required of his/her position; and shall not willfully violate any of the provisions of the ordinances and resolutions which have been adopted and/or prescribed by the Carpinteria City Council or City Manager.
12.4 DEATH BENEFIT:
The City shall pay a death benefit in the amount of One Thousand Dollars ($ 1,000) directly to the spouse or legal heirs of any affected employee within seventy two hours ofthe death of any affected employee as the result of any industrial inju.y or illness as defined by Cal OSHA Publication #I20- A, sustained by such employee while on duty within the course and scope of his/her employment with the City of Carpinteria.
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Conditions of Employment for
Miscellaneous Unrepresented Personnel
Iuly 1,2023 to June 30,2024
12.5 PARTICIPATION IN CITY-SPONSORED RECREATION PROGRAMS:
The City agrees to provide special employee rates to currently employed, regular full-time employees and their immediate family members who wish to participate in City-sponsored Parks and Recreation Department Programs. All fees are payable in advance of participation in the program. Requests for employee rates for City-sponsored programs should be in writing and approved by the Parks and Recreation Director and scheduled with the appropriate recreation program supervisor.
(l) Eligible employees will receive a fifty percent (50%) discount on tuition and registration only for City-sponsored recreation programs. Individual emollees will be responsible for any ala carte activities scheduled in the programs, e.g. field andlor camping trips, movies, special meals, etc. A discount on recreation rental equipment is dependent upon availability. (2) The annual fee for Community Pool Family Membership will be discounted Seventy-five percent (75%). The fee will include participation in the Masters'Program, Lap Swimming, Recreational Swimming and Water Aerobics.
12.6 EQUAL EMPLOYMENT OPPORTUNTTTES:
The City apply equally to all employees covered herein without favor or discrimination because ofrace, creed, color, sex, pregnancy (including childbirth, breastfeeding and/or related medical conditions), sexual orientation, age, national origin, religion, political or religious affiliations, organization membership, marital status, ancestry, military or veteran status, medical condition (genetic characteristics, cancer or a record or history of cancer), gender, gender identity, or gender expression, genetic information, or any other classification protected by state, federal or local law. The City will not discriminate against a qualified individual with physical or mental disability with regard to employment.
The City commits themselves to the goal of equal employment opportunity in all City services encourages its employees to assist in the implementation of the City's Equal Employment Opportunity commitment.
12.7 GRIEVANCE PROCESSING:
Purpose
1. To promote employee morale and productivity by establishing a forum for resolving problems in the workplace by communication between employer and employee.
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2. To provide a just and equitable method for resolution of grievances.
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B.
To afford employees, a systematic means of obtaining further consideration of problems after every reasonable effort through discussions has failed to resolve them.
4. To provide that grievances shall be settled as nearly as possible to the point of origin and shall be as informal as possible.
Grievance Defined
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1. Grievance shall be defined as a claim by an employee or group of employees adversely affected by an alleged violation, misinterpretation or misapplication of department-wide policy or City rules, regulations, resolutions, ordinances, or memoranda of understanding applicable to the employee, except as follows: Appeals of disciplinary actions of demotion, suspension, dismissal or probationary terminations.
2. Management has the right to establish policies governing the operation of City departments. However, allegations also subject to the grievance procedure are ihose in which the complaint concerns an inconsistent appiication of poiicy where the inconsistency results in a denial of the employee's rights under those policies defined in "A" above.
Initiation of Grievance
No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within twenty (20) working days of the date the alleged activity/violation occurred or the date the employee became aware such activity/violation occurred.
In no event shall any grievance be accepted for consideration more than 6 months from the action or incident claimed as its basis regardless of the date of discovery. If the grievance is not presented within the time limitation herein provided, it shall be deemed not to exist.
D. Grievance Processing
The City may designate an officer for the purpose of investigating and/or processing grievances.
Upon the request of the employee, the officer shall conduct and/or assist in the investigation, preparation and processing of grievances.
Prior to engaging in grievance handling, the officer shall notifu his or her immediate supervisor of a request for assistance no later than five days prior to the requested time. The supervisor shall approve time for grievance processing during the scheduled work day hours prior to the steward or officer beginning the investigation, preparation and processing of grievances.
Both the officer and management will cooperate in expediting the grievance handling process. The employee and the officer shall be afforded reasonable grievance handling time to jointly handle Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to June30,2024
the grievance. It is agreed that every effort will be made to resolve grievances in an informal and timely manner as the first step in this process.
E. Procedure
Step One
Any employee who has a grievance shall hrst try to settle it through discussion with their immediate supervisor without undue delay.
Every effort shall be made to find an acceptable solution at the lowest possible level of supervision.
The supervisor has seven (7) working days to respond to the grievant. Any grievance settled at this step shall be subject to the review and confirmation of the respective department head before the settlement may become effective. Such review will occur within seven (7) working days or the grievance shall automatically be moved to Step 2. In the event the department head does not confirm the settlement, the grievant may initiate Step 2 of this procedure.
Step Two
If a grievance is not settled in Step I or no response was forwarded to the grievant, he/she may file a formal grievance in writing to their Department Head within ten (10) working days after receiving the informal decision from their immediate supervisor or when decision was due. The grievant must submit his/her grievance in writing and must also explicitly speci$' the policy or the particular section of the Conditions of Employment, rule, resolution, or ordinance the violation of which is being alleged as the basis for the grievance. The remedy requested must also be specified.
No modifications in the violation being alleged shall be made subsequent to filing unless mutually agreed to by both the City and the grievant.
The Department Head, after receiving the formal grievance, has ten (10) working days to render a decision in writing.
Step Three
If the grievance is not settled or an answer not forthcoming in Step 2,the grievant may appeal, in writing, within seven (7) working days from the expiration of the time limit for such decision under Step 2 or within seven (7) working days from the receipt of the decision of the department head to the City Manager.
Within ten (10) working days from receipt of appeal, the City Manager, shall deliver a written decision to the grievant.
Step Four
If the grievance is not settled or disposed of at Step 3, the grievant may request the services of a mediator from the State Mediation and Conciliation Service.
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The grievance will be settled through mediation and both parties will agree to abide by the decisions made in the mediation process.
Under no circumstances will grievances of any kind for any reason proceed beyond the mediation process.
12.8 DISCIPLINARY PROCEDURES:
A regular, non-probationary employee may be terminated involuntarily or otherwise disciplined for cause, including, without limitation, for violating the provisions of this agreement, poor performance, misconduct, excessive absences, tardiness, insubordination, dishonesty and submitting false or misleading time records or expense reimbursement forms. Without limitation, disciplinary action may include oral or written warnings, suspension without pay, reduction in pay, being placed in a probationary status or termination. When appropriate, progressive discipline will be used, with the disciplinary action being taken dependent on factors including, the severity of the incident on which the disciplinary action is based, the disciplinary history of the employee, and the effect of the incident, act or omission on City services, reputation and other employees.
However, the nature of the disciplinary action will depend on the particular circumstances involved, and is at the discretion of the City.
I2.9 CITY PROPERTY:
Desks, file cabinets, lockers, computers, tools and other equipment are property of the City and must be maintained in good condition in accordance with the City's policies, rules and regulations.
They must be kept clean and are to be used only for work-related purposes. lf the City property is lost, or damaged, report it to your supervisor at once. No property may be removed from the premises without the prior authorization of your supervisor.
In order to ensure compliance with this provision and with the City's policies, rules and regulations, the City reserves the right to inspect all City property, without notice to the employee and/or in the employee's absence.
For security reasons, personal belongings of value should not be left in the workplace. The City is not responsible for lost or stolen personal belongings.
Employees should take reasonable steps to protect City property from theft. Employees should immediately inform management if theft of City property is suspected. However, employees should not attempt to stop the theft of City property if doing so poses any risk whatsoever of endangering the safety of the employee or others.
Immediately upon termination of employment, all property of the City (keys, tools, manuals, etc.) must be retumed to the City. All personal items should be removed at the time terminated employees leave the premises of the City. Unless otherwise agreed to in writing, if a terminated employee leaves personal items at the workplace, these items are subject to disposal if not removed within five (5) days of the date of the employee's termination.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June30,2024
I2.IO CELL USE PHONE POLICY:
The City may provide certain employees with cellular phones that are to be used only for official City business. The City recognizes that employees may need to use their personal cell phone during working hours due to particular family or personal situations. Employees should limit the use of personal cell phones during working hours, to reasonably necessary communications, and use of a personal cell phone should not interfere with City operations or the performance of job duties. If an employee abuses the use of personal cell phone during working hours, at the City Manager, at his discretion, may require that the employee not use personal cell phones during working hours.
In compliance with California Motor Vehicle Code 23123, employees are not to dial any cell phone while driving, except to call a public safety agency. Employees may not receive incoming calls while driving unless the cell phone can be safely operated in a hands free mode. For employees with hands free cell phone operation, in the event an employee receives an incoming call while driving, the employee should either safely pull off the road to converse, inform the caller that he or she will return the call, or ask the caller to call again to allow the employee to reach a place where it is safe to use the phone. While driving, employees are prohibited from using any cell phone to text message, read or send e-mail, or any similar operations. While driving, employees are also prohibited from engaging in any activity or conduct that would constitute distracted driving or otherwise constitute an unsafe driving practice.
IZ.IIFITNESS FOR DUTY EXAMINATION:
Whenever the City Manager, or the Human Resources/Risk Manager, believes that an employee is unable to perform the essential functions of their job safely due to illness or injury, or is unable to perform the essential functions of their job safely or without posing a danger to themselves or others, the City may require the employee to submit to an independent medical examination at the City's expense. Such medical examination will be limited to the issues or areas of concern regarding the employee's ability to perform the essential functions of their job. lf, after the independent medical examination, the City determines that the employee cannot perform the essential functions oftheirjob, or cannot perform such essential functions safely or without posing a danger to himself/herself or others, the employee will be given the opportunity to provide the results of a separate medical evaluation by a qualified health care provider selected by the employee, within fifteen (15) days of the employee's receipt of a medical evaluation from the City.
In the event of a difference of opinion between the City's and the employee's health care providers, the City may require a third opinion, at the City's expense, performed by a mutually agreeable health care provider who will make a final determination.
I2.I2 REASONABLE ACCOMODATION :
The City of Carpinteria is committed to ensuring equal employment opportunities for disabled applicants and employees. It is the policy of the City of Carpinteria to comply with the Federal Americans with Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("FEHA"). Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. The City of Carpinteria will not discriminate against disabled Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30, 2024
employees. The City of Carpinteria provides reasonable employment-related reasonable accommodation(s) to permit an applicant or employee to perform the essential functions of the job, as defined by law, to qualified individuals with disabilities, and will engage in the interactive process within the meaning of the ADA and FEHA.
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APPENDIX A
City of Carpinteria
Policy on Public Employee Personal Use of
Telecommunication Equipment, Electronic Mail, VoiceMsil and other computer systems
PURPOSE
City-owned telecommunication equipment, computer hardware and software is intended to be used for business purposes. Electronic mail, known commonly as e-mail, is now a primary vehicle for communication in the workplace. As the use of e-mail increases, the need for a clear and comprehensive City's policy on personal use of City equipment becomes important to clariff the rights and obligations of employees and as a protection from potential liability for employers.
POLICY
The City maintains and utilizes as part of its operations a computer system, including e-mail, and a voice-mail system. These systems are provided to assist employees in the conduct of the City' s business. All computers to the data stored on them, including e-mail, messages composed as well as all voice-mail are and remain at all times the property of the City. All remain the property of the City. Employees are prohibited from installing or downloading software onto the City's computer system except with the prior authbrization of the Administrative Services Director.
Employees should attempt to limit voice-mail and e-mail messages to the conduct of the City's business. Use of the voice-mail and e-mail systems for the conduct of personal business is discouraged. The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate. Other use of computer systems, including use of the Internet and other telecommunicating capabilities, should be limited to the conduct of the City's business unless prior written approval is received from the employee's supervisor.
Except for the right of the City to access data stored on the computer system, including e-mail messages, and to access voice-mail messages as described in this policy, all data stored on the computer system and all messages sent by voice-mail and e-mail are considered to be confidential, and as such are to be accessed only by the employee storing the data, the addressed recipient or at the direction of the addressed recipient. Any exception to this policy must be approved by the Administrative Services Director.
The City reserves the right to retrieve and read any data stored on the computer system and any message composed, created, sent or received on the voice-mail and e-mail systems, as well as Internet usage data, at any time, with or without advance notice to the employee. Although the computer system, including e-mail, and the voice-mail system may accommodate the use of passwords for security, the reliability of passwords for maintaining confidentiality cannot be guaranteed. All passwords must be made known to the City, and passwords not known to the City Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June30,2024
may not be used. This is due to the need to access employees'computer systems, including e-mail, and voice-mail systems in the event that an employee is absent or when otherwise deemed appropriate by the City. Employees must therefore assume that any and all voice-mail and e-mail messages and all data stored on the computer system may be read by someone other than the employee storing the data or the intended or designated recipient, and understand the ultimate privacy of data stored on the computer system, including e-mail, and voice-mail messages, cannot be guaranteed to anyone.
The City's policy against unlawful harassment, including sexual harassment, and the City's antidiscrimination policy apply to employees' use of voice-mail, e-mail messages and screen savers as well as any other information transmitted over the City's computer system. Employees should not use any means of electronic communications in a manner that would violate those policies. For example, employees may not communicate messages by computer, voice-mail or other electronic means that would constitute sexual harassment, may not use sexually suggestive screen savers, and may not receive or transmit pornographic, obscene or sexually offensive material or information.
As a further example, employees may not use electronic communications to transmit comments or images which are reasonably likely to offend someone on account of his/her age, sex, sexual orientation,race, religious beiiefs, national origin, disability, or any of the other factors includeci in the Equal Employment Opportunity section of this Handbook. Any employee who uses any electronic communications device in a manner which violates this policy will be subject to disciplinary action, up to and including termination of employment.
DIGITAL DEVICES
Employees may not use any personal e-mail account or any digital or electronic device not owned by the City, including but not limited to any laptop computer, desktop computer, tablet computer, cellular telephone, personal digital assistant, or any other device capable of storing electronic information ("Digital Device") for City business without the City's prior written approval. Digital devices used by employees for City business may be subject to inspection to obtain City-related communications if requested under the Public Records Act.
APPLICATION
This policy applies to all employees with the City of Carpinterra.
The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30,2024
APPENDIX B
SUBSTANCE ABUSE POLICY
This policy sets forth the rights and obligations of City smployees. Employees should familiarize themselves with the provisions of this policy because compliance with this policy is a condition of employment.
L PURPOSE
The City of Carpinteria, in its efforts to provide a drug and alcohol free environment, has adopted this Drug and Alcohol Free Workplace Policy. It is the purpose of this policy to eliminate alcohol and drug abuse by City Employees and its effects in the workplace. The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the efficiency of City operations. It is the intent of the City, in adopting this policy, to meet the requirement of the Drug Free Workplace Act of 1988 (41 U.S.C. Section 70I-707).
II. POLICY
In recognitions of the duties entrusted to the employees of the City of Carpinteria and with knowledge that drugs and alcohol hinder a person's ability to perform job related duties safely and effectively, the City of Carpinteria adopts the following policy:
l. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
prior to coming to work, so that the employee's performance is impaired.
The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled, under federal law.
The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems (as well as for a variety of other personal problems). Employees may seek confidential assistance from the EAP counselor.
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Conditions of Employment for
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July l, 2023 to June 30,2024
III. APPLICATION
This policy applies to all full time, part time and temporary employees, and to all applicants for positions with the City. This policy applies to alcohol and all substances, drugs or medications, legal or illegal, which impairs an employee's ability to effectively and safely perform hislherjob duties.
2. A copy of this policy will be provided to all City employees.
J A drug-free awareness program will be established to inform employees of the dangers and penalties of drug use in the workplace and of available counseling, rehabilitation and employee assistance programs.
4. Violations of the policy may result in disciplinary action being taken, up to and including termination.
IV. DEFINITIONS
For the purposes of this policy:
A. "Illegal drugs" means any drug or controlled substance that is not legally obtainable or is legally obtainable but has not been legally obtained. Consistent with federal law, marijuana is considered an illegal drug, and consistent with the Federal DrugFree Workplace Act of 1988 and the California Drug-Free Workplace Act, the restrictions related to illegal drugs under this Policy also apply to marijuana.
A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources.
B. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:
The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
a. in the workplace;
b. while on City time;
c. in City vehicles or facilities except as defined in City's facilities use policies;
d. prior to coming to work, so that the employee's performance is impaired. 1 1
Conditions of Employment for
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2 Reporting for duty or remaining on duty while having an alcohol blood concentration level of0.08 or greater.
Being on duty or operating a vehicle on duty while possessing alcohol.
Using alcohol while on duty.
Reporting for duty or remaining on duty when the employee used any controlled substances, except of the use is pursuant to the written instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.
6. 7
Reporting for duty or remaining on duty ifthe employee tests positive for controlled substances.
Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in
the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test.
A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:
A refusal to provide a urine sample for a drug test;
An inability to provide a urine sample without a valid medical explanation; A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
Tampering with or attempting to adulterate the urine specimen or collection procedure;
Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable. In most cases the City will provide transportation to and from the collection site.);
Leaving the scene of an accident without a valid reason as to why atthorization from a supervisor or manager who shall determine whether to send the employee for post-accident controlled substances and/or alcohol test was not obtained.
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Conditions of Employment for
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July l, 2023 to June 30, 2024
C. USE OF LEGAL DRUGS
The City recognizes that it may be necessary for employees to use legal drugs from time-totime. The City also recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to perform or to perform safely would be compromised. Employee who knows or should know that their use of legal drugs might endanger their own safety or the safety of some other person, or pose a risk of significant damage to City property or the property of others, are obligated to report such use of legal drugs to Human Resources or the City Manager and obtain Human Resources' or the City Manager's consent to continue working. The City reserves the right to have a designated physician determine whether it is advisable for the employee to continue working while taking such drugs. The City fuither reserves the right to have the employee's physician certifu that when retuming from a leave of absence, the employee will not be using any legal drugs which might impair the employee's ability to perform the employee's job duties for the City.
If appropriate, the City may restrict the work activities of an employee who is using legal drugs or require that the employee take a leave of absence while taking such drugs. tf the City permits an employee to work while using legal drugs, the employee still cannot report to work in any case if impaired by the use of the drugs if the impairment might endanger the employee's own safety or the safety of anyone else, pose a risk of significant damage to City property or substantially interfere with the employee's job performance or the efficient operation of the City's business. The City may require a medical certificate not medical diagnosis as a precondition to retum to work.
D. CIRCUMSTANCE UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.
1. Drug and Alcohol Testing
Applicants receiving a conditional offer of employment for certain designated positions, e.g. lifeguards, swim instructors, swim coaches, shall be subject to a urine andlor blood test for the presence of illegal drugs or alcohol. The City may refuse to employ an applicant whose test results show the presence of illegal drugs or alcohol.
Applicants who are under a physician's care and/or are required to take legal drugs must noti$ Human Resources or its designee of that fact in writing before the date of the pre-employment examination. This applies to initial appointment as a classified employee only, and not to promotion within the service.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2023 to June 30,2024
2. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
a. "Reasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to a combination of: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, par anoia, euphoria, di sorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If the City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
b. Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with Human Resources or the City Manager, and if they are unavailable, the Department Head. Any reasonable suspicion testing must be pre-approved by Human Resources or the City Manager, and if they are unavailable, the Department Head. c. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and Human Resources or the City Manager, and if they are unavailable, the Department Head, has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
d. Interview of Employee: An employee shall not be asked any questions without first being offered the right to have a representative present.
1. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident where reasonable suspicion indicators also exist to support the testing.
Alcohol: Post-accident alcohol test shall be administered within two hours following an accident and no test may be administered after eight hours.
Drug: A post-accident drug test shall be conducted within eight (8) hours following the accident.
An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(l) Any individual(s) receives an injury(s) requiring immediate hospital treatment, or (2) There is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.
(3) A DMV Traffic Accident Report is required, i.e. the estimate of damage exceeds $1,000 or the current DMV threshold and either law enforcement or, in the absence of law enforcement, Supervisor makes an on scene determination that the employee is at fault..
4. Return To Duty/Tollow'up Testing:
A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.
E. EMPLOYEE RESPONSIBILITIES:
An employee:
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to June 30, 2024
2 1 Must not report to work, or be subjected to scheduled duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use.
Must not use, possess, sell, purchase, manufacture, dispense or distribute, transport drugs or alcohol;
in the workplace, or while conducting or performing City business, regardless of location, or while operating or responsible for the operation, custody, or care of City equipment or other property;
a.
b. on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
c
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to June 30, 2024
d. prior to coming to work, so that the employee's performance is impaired Must noti$r his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective perfonnance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effective perform assigned duties while using prescribed drug, authorization form a qualified physician may be required.
Must notifu hisftrer department head of any criminal drug or alcohol statue conviction, for a violation occurring in the workplace, no later than five (5) days after such conviction.
Who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.
7. Must notifr his/her department head of all alcohol or criminal drug statute convictions no later than 5 days after such conviction. Off duty arrests or charges do not need to be reported and will not be used for disciplinary or employment purposes.
8. Must notifr hislher supervisor, before beginning work, when drugs (prescription or non-prescription) may interfered with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3).
9. Who thinks he/she may an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor.
It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.
F. MANAGERS'ANDSUPERVISORS'RESPONSIBILITIES
Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.
Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP).
When an employee is involved in an accident, or there is reasonable suspicion, managers and supervisor shall prevent the employee from engaging in further work, remove the employee from the workplace, and then take the employee for a drug and/or alcohol test within the timelines outlined in Section D.2 above.
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Managers and supervisors will participate in appropriate training on alcohol and drug Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30,2024
abuse evaluation. When based on their direct observation, it is suspected that an employee may have illegal drugs, that manager would perfolm a written evaluation or request a trained evaluator to complete a written evaluation.
Managers and supervisors are responsible for complying with federal grant money including notification sanction associated with drug convictions or use of drugs in the workplace (41. U.S.C. Section 707-717).
G. PROCEDURES TO BE USED FORDETECTION OF DRUGS AND ALCOHOL
1. Alcohol Testing:
Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. Q'{on-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered anegative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.
The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City of Carpinteria Drug and Alcohol Testing Policy Pursuant To Department of Transportation Regulations (a9 CFR 40).
2. Drug Testing:
Drug testing will be considered pursuant to the same requirements as those required by the City of Carpinteria Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR Part 40).
The urine specimen will be split into two (2) bottles labeled as primary" and "split" specimen. Both bottles will be sent to the lab; A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels. If the urinalysis of the primary specimen test positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab at the employee's cost.
The urine sample will be tested forthe following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
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d. If the test is positive for one or more of the drugs, a confirmation test will be Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30, 2024
H.
performed using gas chromato graphy/mass spectrometry analysi s ; e. All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation f or the positive test result. If documentation is provided and the MRO determines that there was legitimate medical use for the prohibited drug, the test result may be reported to the City as "negative."
3. Confidentiality:
The confidentiality of records shall be maintained in the same manner as set forth in the City of Carpinteria Drug and Alcohol Testing Policy Pursuant to Department Of Transportation Regulations.
CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:
FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT.
UPON FAILING A REASONABLE SUSPICION AND/OR POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:
Will be removed from driving or operating any heavy or dangerous equipment; May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to including termination.
May be allowed to sign a last chance agreement as an alternative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment. However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses.
The employee may use leave bank hours compensatory time hours or leave without pay while undergoing treatment/rehabilitation.
May not be returned to his/her position until the employee submits to a return-to-duty controlled substances and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.08 or a negative f.
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Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to June 30, 2024
result on a controlled substances test;
6. May be required to submit to unannounced follow-up testing after he/she has been retumed to his/her safety-sensitive position for a period of one year.
J. EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City has established an Employee Assistance Program to help employees who need assistance with alcohol and controlled substance abuse. Employees are encouraged to contact the Human Resources/Risk Manager for the number of the current EAP provider.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to lune 30,2O24
APPENDIX C
CITY OF CARPINTERIA
PROHIBITION OF
HARASSMENT, DISCRIMINATION AND RETALIATION
POLICY
A. PURPOSE
It is the City's intent and the purpose of this Policy to provide all employees, officers and off,rcials, applicants, interns, volunteers and contractors with an environment that is free from any form of unlawful harassment, discrimination or retaliation as dehned in this Policy and as provided under federal and state law. This Policy prohibits unlawful harassment or discrimination on the basis of any of the following protected classifications: an individual's race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, military and veteran status, veteran status, marital status, age for individuals over forty years of age, medical condition, physical or mental disability (whether perceived or actual), genetic information, and any other factor made unlawful by federal, state, or local law.
It is also the policy of the City to provide a procedure for investigating and addressing complaints of alleged harassment, discrimination and retaliation in violation of this Policy. The protection from harassment and disuimination includes protection from retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy.
B. POLICY
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, contact amanager, department head, or the Human Resources/Risk Manager, and, if applicable, do not engage in the conduct and seek guidance from a manager, department head or the Human Resources/Risk Manager.
C. DEFINITIONS
^. Protected Classifications:
This Policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, military status, veteran status, marital status, age, medical condition and physical or mental disability (whether perceived or actual).
Conditions of Bmployment tbr
Miscellaneous Unrepresented Personnel
July 1, 2023 to lune 30, 2024
b. Policy Coverage:
This Policy prohibits City officials, officers, employees, interns and contractors from harassing or discriminating against applicants, officers, officials, employees, interns and contractors because:
(1) of an individual's Protected Classification, (2) of 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. Third parties such as visitors to City Hall are also prohibited from engaging such.harassment or discrimination. Any such alleged harassment or discrimination should be reported immediately as provided in this Policy. c. Discrimination:
This Policy prohibits treating individuals differently or otherwise discriminating against an individual because of the individual's Protected Classification as defined by this Policy. d. Harassment:
By definition, harassment based on an individual's protected classification as defined by this policy, including sexual harassment, is not within the course and scope of an individual's employment with the City. Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or interferes with work perforrnance.
Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee's work performance 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, or cartoons regarding an employee's Protected Classification. The following are some examples of behavior that can constitute harassment:
^. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identifu a person on the basis of his or her Protected Classification. Verbal harassment may include comments on appearance and stories that tend to disparage those of a Protected Classifi cation.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a Protected Classification.
c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job related threats in return for submission to physical acts, mimicking, taunting, or any physical interference with normal work or movement.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l,2023 to June30,2024
d. Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, unwelcome sexual advances, or verbal or physical conduct of a sexual nature (like name calling, suggestive comments, or lewd talk).
e. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There can be an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. To avoid possible claims of sexual harassment, if a supervisor or manager intends to enter into a romantic or sexual relationship with a subordinate employee, the supervisor or manager must inform the Human Resources/Risk Manager so that appropriate steps can be taken to minimize the risk of possible claims of sexual harassment.
D. . RETALIATION
Retaliation against an employee who reports or provides information in good faith about harassment or discrimination is strictly prohibited, as is retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy. Any act of retaliation violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: (l) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.
Before a supervisor or manager attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transfening the complainant to another position or location, the supervisor or manager should contact the Human Resources/Risk Manager.
E. REPORTING EARASSMENT, DISCRIMINATION OR RETALIATION
An applicant, employee, officer, official, intern, volunteer or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.
All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.
1. Object to the Conduct
Conditions of Employment tbr
Miscellaneous Unrepresented Personnel
July 1,2023 to lune30,2024
Sometimes an individual is unaware that his/her conduct violates this Policy. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately.
A person who believes he/she is being harassed is encouraged, but is not required to use this process. When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 or 3 below.
2. Oral Report
If a person who believes that this Policy has been violated does not want to first speak with the offending person, he/she should report the conduct to a supervisor, any City management employee, or the Human Resources Manager. Any supervisory or management employee who receives such a report must in turn direct it to the Human Resources/Risk Manager. The Human Resources/Risk Manager will determine what level of investigation and response is necessary.
3. Written Process
An individual who believes this Policy has been violated and does not feel comfortable using the process outlined above may provide a written complaint to a supervisor, or any management employee who in turn must direct the complaint to the Human Resources/Risk Manager, or to the Human Resources/Risk Manager directly. Individuals are encouraged to use the Confidential Complaint Form for this pulpose, a copy of which is attached to this Policy.
F. CITY'S RESPONSE TO COMPLAINT OF HARASSMENT. DISCRIMINATION OR
RETALIATION
1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources/Risk Manager will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources/Risk Manager may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Human Resources/Risk Manager. The Human Resources/Risk Manager will report the status of investigations to the City Manager as appropriate.
The Human Resources/Risk Manager, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, no interim action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change or the Human Resources/Risk Manager determines that doing so is appropriate under the circumstances.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30, 2024
The City attempts to take a proactive approach to potential Policy violations and may conduct an investigation regarding possible harassment, discrimination or retaliation in appropriate circumstances, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.
At the conclusion of the investigation, if it is determined that the alleged conduct did not occur or that this Policy was not violated, the Human Resources/Risk Manager will notifu the complainant and the alleged perpetrator, if appropriate, of the general conclusion(s) of the investigation and whether any further action is warranted.
2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred or that the conduct otherwise violated this Policy, the City will notifu the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to discipline the perpetrator and deter future violations of this Policy. Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination.
Disciplinary action may also be taken against any official, supervisor or manager who condones or fails to report potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy.
Any official contractor or other non-City employee found to have violated this Policy will be subject to appropriate sanctions.
3. Confidentiality
Every reasonable 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 potential Policy violations and take effective remedial action.
G. RE,SPONSIBILITIES OF EMPLOYEES. MANAGEMENT AND
SIIPERVISO EMPLOYEES
1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
. Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. When appropriate, tell the individual you did not realize your behavior was offensive, and immediately cease the conduct.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1,2023 to June30,2024
. Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive. . Report harassment, discrimination or retaliation as quickly as possible, whether the reporting employee is the target of the conduct or a witness. . If an employee witness's harassment, he or she should report it to a supervisor, manager or the Human Resources Manager, and may tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior or report is under this Policy.
Fully cooperate with the City's investigation of complaints made under this Policy
2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Human Resources Administrator.
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. Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention.
No department director, manager, supervisor or other employee may retaliate through any action of intimidation, restraint, coercion or discrimination. . Monitoring the work environment and taking appropriate action to stop potential Policy violations.
. When appropriate, follow up with those who have complained to ensure the behavior complained of has ceased.
H. Option to Report to Outside Administrative Agencies
Sexual harassment and retaliation for opposing sexual harassment or participating in investigations of sexual harassment are illegal. In addition to notiffing the Company about harassment or retaliation complaints, affected employees may also direct their complaints to the California Department of Fair Employment and Housing (DFEH), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one (1) year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may seek an administrative hearing before the California Fair Employment and Housing Council (FEHC) or file a lawsuit in court. Both the FEHC and the Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30, 2024
courts have the authority to award monetary and non-monetary relief in meritorious cases. You can contact the nearest DFEH office or the FEHC at the locations listed in the Crty's DFEH poster or by checking the state govemment listings in the local telephone directory.
Conditions of Employment fbr
Miscellaneous Unrepresented Personnel
July l, 2023 Io June 30, 2024
APPENDIX D RETURN TO WORKPOLICY
Purpose
The purpose of this policy is to establish guidelines that the City may follow, should an employee have an extended absence due to illness or injury.
The City strives to assist employees to return to work at the earliest possible date following an injury or illness. However, this policy is not intended to supersede or modifi the procedures applicable to employees eligible for reasonable accommodation or covered under leave provisions under the terms of this MOU or federal or state law.
The City cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position.
Inquiries about the reasonable accommodation for disabilities or employee leave rights should be directed to the Human Resources Department (HR).
Transitional Work
The City defines "transitional work" as temporary, light duty and/or modified work assignments within the employee's physical abilities, knowledge and skills.
When possible, in the discretion ofthe City, transitional positions will be made available to injured workers to minimize or eliminate time lost from work.
The policy only applies to regular full- and part-time employees who are on leave as a result of injury or illness.
In the event an employee refuses transitional work (outside the qualified employee's FMLA/CFRA benefits period) and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. In such cases, the City will notifu the insurance carrier of the employee's refusal of the transitional work.
Procedures
To obtain a transitional assignment the employee must provide a statement from the employee's treating health care professional containing the following information:
a) That treating health care professional has reviewed the employee's job description;
b) That the employee cannot perform all of the essential functions of her/his job, identiffing which essential functions cannot be performed; Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1 , 2023 to June 30, 2024
c) When the employee will be able to resume performing all essential functions of her/his job, with or without accommodation, and if accommodation will be required, the nature of that accommodation;
d) lf the treating health care practitioner cannot determine when the employee will be able to resume performing all essential functions of her/his job, when the employee will next be evaluated for that purpose;
e) In addition, all other work limitations, such as restrictions on lifting, standing, sitting, walking, hours that can be worked and the like, so that the nature of possible transitional employment can be evaluated, and how long each ofthose limitations will be in place; and
f) Any other limitation of the employee's ability to perform work for the City in a transitional position
If the treating health care provider provides the above information to the satisfaction of the City, and releases the employee to return to work on modified duty the City will review the information to determine if a transitional position for the employee is appropriate and transitional work falls within City business needs. Transitional positions are developed based on the physical capability of the worker, the business needs of the City and the availability of transitional work. The City will determine appropriate work hours, shifts, duration and locations of all work assignments. The City reserves the right in its sole discretion to determine the availability, appropriateness and continuation of all transitional work assignments. The assignment to a transitional position cannot exceed 6 months.
If the employee is offered a transitional position, a transitional position job description, including physical requirements, will be prepared for review and approval by the treating health care provider. Once approved, the employee will be provided a letter noting the treating health care provider's approval and the start date, hours, wage, duration and location of the transitional work assignment. The employee will be asked to sign the letter indicating his or her acceptance or refusal of the transitional work job offer and to return the letter to HR.
Any employee retuming to a transitional position must not exceed the duties of the position or go beyond the doctor's restrictions. If any medical restrictions change, the employee must immediately notifr his or her supervisor and provide the supervisor a copy of the new medical release. If, in the judgment of the City, the employee is unable to satisfactorily perform the duties of the transitional position, the City may end the employee's transitional work assignment. The City will keep its insurance carriers apprised of relevant information related to the provisions of this section and its application to employees.
EMPLOYEE RESPONSIBILITY
. Employees will be required to acknowledge thatthey have read, understand and will abide by the agency's technology policy. Violation of the policy may result in discipline, up to and including dismissal.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to June 30, 2024
o To the extent that, under some circumstance, an employee is allowed to use e-mail for personal purposes the employee does so at his or her own risk. Employees should be aware that deletion of a message or file may not fully eliminate the message from the system. o Employees learning of any misuse of the voice-mail, e-mail or other computer system or violations of this policy shall immediately notify the City Manager or his/her designee.
MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Management and supervisors are responsible for reasonable enforcement of this policy. Any email information or messages revealed or disclosed under this policy are considered to be of a confidential nature.
Adopt Resolution Nos. 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2023
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Adopt Resolution Nos. 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2023
ATTACHMENT B
Red line Conditions of Employment for Miscellaneous Unrepresented Employees Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2022to June30,2023
CITY OF CARPINTERIA
CONDITIONS OF EMPLOYMENT
FOR MISCELLENOUS UNREPRESENTED PERSONNEL
EFFECTIVE NWffiLz JULY I,2O?3
TABLE OF CONTENTS
SECTION NUMBER PAGE NUMBER
CLASSIFICATION
woRK SCHEDULE.................
COMPENSATION AND BENEFITS....
LEAVE REGULATIONS..........
LEGAL HOLIDAYS
WORKERS' COMPENSATION INSURANCE ...............
RETIREMENT PROGRAM...............
SECTIONS HEALTH/DENTAL BENEFITS FLEXIBLE BENEFIT PROGRAM
SERVICE AWARDS
LIFE TNSURANCE..............
EDUCATION/TRAINING AND PROFESSIONAL DEVELOPMENT
MISCELLANEOUS POLICIES
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION IO
SECTION 1I
SECTION 12
2 .......3
.......3
.....12
.....25
26 ....26
....27
....30
....30
....3 I
....3 I
APPENDIX A PERSONAL USE OF ELECOMMLINICATION EQUIPMENT, ELECTRONIC MAIL, VOICE-MAIL ANDOTHER COMPUTER SYSTEMS ............38
APPENDIX B SUBSTANCE ABUSE POLICY....
APPENDIX C HARASSMENT, DISCRIMINATION AND RETALIATION 50 APPENDIX D RETURN TO WORK. 57
40 Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June30,2024
Page2
SECTION 1 CLASSIFICATION
MiscellaneousUnrepreSented@forthepu!poSeoftheseConditionsof Employment (COE) will include full-time positions not classified as management personnel nor represented by SEIU Local620"
Titles and salary bands for all classifications of employment designated as Miscellaneous Unrepresented Personnel are set forth by resolution approved by the City Council. o Ur der Ardhmrrce# 559 tlrc pesitions of Managenwfi ,4ssistant attd,lsseeiate Plawrcr are ineUaea in tl ' t|^^ ^l^^^",."^ ^{ tt^^ /1in, iI^,^^^^," ^,^S ^-^- ^t {-^- t|^^ fit-' D--.^---l -,'l-. tTtg IM@rV VJ LtLv v.tJr' lvtwttq6wt @ ion
wodify tlte pesitien; intplener* a demetien; a4just *'age& ete') at an ' tintq with eur witlrcut eause; *pert eral erwritten netiee to tlrc empleree",
1.1 EMPLOYER/EMPLOYEE RE,LATIONSHIP:
Employees in this category are full-time employees. None of the positions are exempt from overtime requirements of the Federal Fair Labor Standards Act and, as with other non-exempt employees, all overtime must be authorized in advance (unless in emergency) by the affected employee's department head.
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Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to June 30, 2024
I.2 PERSONNEL RULES:
"Regular," "full-time" and "part-time" employees are dehned in the Personnel Rules, and those definitions are adopted for use in these Conditions of Employment as well. The City intends to continue to review and develop revised personnel rules, regulations, and grievance procedures, employee handbook, job classihcations and job descriptions.
SECTION 2 WORI( SCHEDULE
2.I REPORTING:
Miscellaneous unreprssented employees are classified as hourly and non-exempt employees. All miscellaneous employees for the City of Carpinteria are required to accurately report hours worked on daily time sheets.
2.2 FLEXTIME SCHEDULING:
Employees may have the option to participate in an altemate 9/80 work schedule based on a flexible 9 dayl8} hour pay period (eight 9-hour days and one 8-hour day). Each employee electing to participate in flextime scheduling must select a Monday or Friday as their designated flex day off, the alternate Monday or Friday will be their 8-hour day. The daily work schedule for the nine hour days will begin at 7:30 a.m. and end at 5:30 p.m. with a one hour lunch; the daily work schedule for the eight hour day will begin at 8:00 a.m. and end at 5:00 p.m., with a one hour lunch.
Individuals may request flexible work schedules which meet their personal needs, however, the flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager. Human Resources and Payroll must be advised, in writing, of the selected day and any change from the established flex day, must be requested in advance and approved by the Department Head and the City Manager.
The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffrng needs to ensure that the public is being appropriately served.
Continuation of such schedules shall be subject to review and approval of the City Manager.
The City Manager reserves the right to remove any (or all) employees from flexible work schedules. To the extent possible, two weeks advance written notice will be provided to the employee. An employee shall not be removed from a flexible work schedule for arbitrary or capricious reasons.
SECTION 3 COMPENSATION AND BENEFITS
3.1 PAY STATUS:
An affected employee is considered to be in pay status and eligible for benefits under any of the following circumstances :
(1) While working regular hours
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to lune 30, 2024
(2) While on authorized PTO Leave Bank hours
(3) While on authorized Injured on Duty (10D) status
(4) While on authorized jury duty
(5) While on Compensatory time off
The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four (4) months when it is deemed appropriate or is otherwise required by law.
3.2 METHOD OF PAYMENT:
Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursday afternoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to insure that individual pay checks are available with a minimum of delay.
Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employse's checking cr savings account.
3.3 BASE WAGE ADJUSTMENT:
A. Effective the first full pay period after July 1. Miscellaneous Unrepresented Personnel. {he may be eligible to sh*ll have their base
wages adjusted pursuant to the results of an annual performance-based employee evaluation, The evaluation format shall be determined by the City Manager or their designee' The review shall inelude a Performanee Rating ef one of five eategeries:
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' Valtred Perferrner
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evaluation on their one-vear anniversarv from of hire or nromotion and mav receive a base results of the evaluation and within the
of the classification. Thereafter. an employee be moved to a Julv I annual Performance of
following table:
EMPLOYMENT
OR PROMOTION DATE*
IStYEAR PRO-RATION
OF ELIGIBLE INCREASE
Julv 100.00%
August 9r.67%
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2023 to lune 30,2024
September 88.33%
October 75.00%
November 66.67%
December 50.00%
January s8.33%
February 4t.67%
March 33.33%
April 25.00%
Mav 16.67%
June 8.33%
*If employment or promotion date is on or after the 15th of the month. the following month's proration amount shall be applied.
C. The result of the Performance Rating shall be used by the City Manager to determine the appropriate rang€-o$increase to the base wage as illustrated in the Merit Increase Matrix. The Manager,
MERIT INCRB,ASE MATRIX
Ratine
84.270s%
to
94.7368%
94.7369%
to
105.2632%
I05.2633%
to
11,5.7895%
4.6 and Above 8.0000% 7.OOOO% 6.0000%
4.4 7.5000% 6.5000% s.s000%
4.2 7.OOOO% 6.OOOO% s.0000%
4.O 6.5000% s.s000% 4.500a%
3.8 6.0000% s.0000% 4.OOOO%
3.6 5.5000% 4.50o0o/o 3.5000%
3.4 5.0000% 4.OOOOo/o 3.0000%
3.2 4.5000% 3.s000% 2.5000%
3.0 4.OOOO% 3.0000% 2.0000%
Less than 3.0 0.0000% 0.0000% 0.0000%
D. All wage increases are subject to availability of funds as authorized by City Council. Should Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2023 to June 30,2024
3.4 DEFERREDCOMPENSATIONPROGRAM:
A defened compensation plan will be available to miscellaneous unrepresented employees with participation on a voluntary basis.
3.5 STATE DISABILITY INSURANCE:
The City participates in the State Disability Insurance Program, at employee expense, to provide coverage for non-industrial injuries.
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Adopt Resolution Nos. 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2023
THIS PAGE INTENTIONALLY LEFT BLANK
Adopt Resolution Nos, 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2023
ATTACHMENT G
Resolution No. 6264
RESOLUTION NO. 6264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA APPROVING AND ADOPTING REVISIONS TO THE
CONDITIONS OF EMPLOYMENT FOR MANAGEMENT PERSONNEL
WHEREAS, the City of Carpinteria City Council recognizes that the Conditions of Employment for Management personnel should be addressed separately from classified employees covered under the Memorandum of Understanding (MOU) between the City of Carpinteria and the Service Employees lnternational Union (SEIU) Local 620; and WHEREAS, the Carpinteria City Council wishes to update the Conditions of Employment for Management Personnel adopted on April 10,2023, to incorporate language changes in Sections 1, 3.3A, 3.38, and 3.3C, including a process for the proration of merit increases for newly hired employees and promoted employees and a revision of the Merit Increase Matrix; and
WHEREAS, it is the desire of the City Council to amend the Conditions of Employment for Management Personnel, effective July 1,2023.
NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. The above recitals are true and correct, and incorporated herein by reference.
SECTION 2. The amended Conditions of Employment for Management Personnel, attached hereto as Exhibit 1, effective July 1 ,2023, is hereby approved and implementation by the City Manager is authorized.
SECTION 2. The said Conditions of Employment shall remain effective through June 30,2023.
PASSED, APPROVED AND ADOPTED on the 24th day of July, 2023, by the following vote:
Resolution No. 6264
Page2
AYES
NOES
ABSENT
ABSTAIN
coUNcTLMEMBER(S):
couNcTLMEMBER(S):
couNcTLMEMBER(S):
couNcTLMEMBER(S):
Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 24, 2023.
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
Page I
SECTION I
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION IO
SECTION I I
SECTION 12
CITY OF CARPINTERIA
CONDITIONS OF EMPLOYMENT
FOR MANAGEMENT PERSONNEL
EXHIBIT I to Resolution No. 6264
2 7
...........20
..................20
EFFECTIVE JULY I,2023
TABLE OF CONTENTS
SECTION NUMBER PAGE NUMBER
CLASSIFICATTON
WORK SCHEDULE
COMPENSATION AND BENEFITS
LEAVE REGULATIONS ...........
LEGAL HOLIDAYS
WORKERS' COMPENSATION INSURANCE
RETIREMENT PROGRAM................ ....................21 SECTIONS HEALTFVDENTAL BENEFITS FLEXIBLE BENEFIT PROGRAM .........,22 SERVICEAWARDS 25
LrFEINSURANCE.............. ...................25
EDUCATION/TRATNING AND PROFESSIONAL DEVELOPMENT ........25 MISCELLANEOUS POLICIES ...........,.26
APPENDIX A PERSONAL USE OF ELECOMMTINICATION EQUIPMENT, ELECTRONIC MAIL, VOICE-MAIL ANDOTHER COMPUTER SYSTEMS ............31
APPENDIX B SUBSTANCE ABUSE POLICY..... ...............34 APPENDIX C HARASSMENT, DISCRIMINATION AND RETALIATION... .........,........44 APPENDIX D RETURN TO WORK ...............5 I
Conditions of Employment for
Management Personnel
July 1, 2023 to lune 30,2024
Page2
SECTION 1 CLASSIFICATION
Management Personnel for purposes of this Agreement, will include those employees in the following classifications: Management, Mid-Management and/or Supervisory and Professional.
Titles and salary bands for all classifications of employment designated as Management Personnel are set forth by resolution approved by the City Council.
1.I EMPLOYER/EMPLOYEE RELATIONSHIP:
An employee in this classification is classihed as a salaried, at-will employee and not hired for any specified term. Accordingly, the employee is free to resign from their position at any time, with or without cause, upon oral or written notice to the City Manager and, similarly, the City may end its employment relationship with the employee or change their status (i.e., modifu the position, implement a demotion, adjust wages, etc.) at any time, with or without cause, upon oral or written notice to the employee. None of the provisions of the Conditions of F.mployment for Management Personnel are intended to modifu this employment relationship.
I.2 PERSONNEL RULES:
Employees serving in Management, Mid-management, Supervisory and Frofessional positions are exempt from the City's Personnel Rules. They are "at-will" employees, serving at the pleasure of the City Manager. By the executive, administrative and/or technical nature of their positions, they have been determined to be exempt from the overtime requirements of the Federal Fair Labor Standards Act.
SECTION 2 WORI( SCHEDULE
2.I REPORTING:
Management Employees are classihed as salaried employees. All employees for the City of Carpinteria are required to report hours worked on a daily time sheet; however, as salary-status employees, tracking of hours for this category of employees is for internal use only and does not affect the salary of exempt employees.
2.2 FLEXTIME SCHEDULING:
While Management Employees are required to work the hours necessary to perform the job duties and responsibilities, employees may have the option to participate in an alternate 9/80 work schedule based on a flexible 9 dayl8O hour pay period (eight 9-hour days and one 8-hour day) for general work scheduling purposes. Each employee electing to participate in flextime scheduling must select a Monday or Friday as their designated flex day off, the alternate Monday or Friday will be their 8-hour day. The daily work schedule will begin at7:30 a.m. and end at 5:30 p.m.
Conditions of Employment for
Management Personnel
July l, 2023 to lune 30, 2024
The flexible work schedule and flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager. Management Employees may be required or find it necessary to work additional hours outside their flexible schedule. For scheduling purposss, any change from the established flex day, must be approved in advance by the City Manager.
The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffing needs to ensure that the public is being appropriately served.
Continuation of such schedules shall be subject to review and approval of the City Manager.
The City Manager reserves the right to remove any (or all) employees from flexible work schedules. To the extent possible, two weeks advance written notice will be provided to the employee. An employee shall not be removed from a flexible work schedule for arbitrary or capricious reasons.
2.3 FLEXIBLE HOURS:
Compensatory hours will not be granted for hours worked in excess of regularly scheduled hours for this category of employees, however, Management Employees, although exempt from the overtime requirements of FLSA, may accrue flex hours for hours worked beyond their regularly scheduled work day.
Hours worked in excess of a regularly scheduled work day, i.e., eight 9- hour days and one 8- hour day in a pay period for Management Employees on a 9/80 flex schedule, will be recorded on a computerized time sheet as accrued flex hours. For Management Employees on a 10i80 schedule, hours worked in excess of an 8-hour day will be recorded as "hours accrued". Flex hours accrued do not have a cash-out value, and Management Employees will not receive compensation for unused accrued flex hours at the time of separation from employment.
2.4 ABSENCES:
Management Employees may use accrued flex hours instead of their accrued leave back for absences of less than a full day, if the employee has worked a minimum of two hours and has approval of the City Manager to be absent.
2.5 LEAVE:
Any absence of one day or more, for other than City business, will be appropriately recorded and deducted from the employee's leave bank or accrued flex flextime hours. With prior approval from the City Manager, in addition to a regularly scheduled flex day, a management employee participating in the 9/80 alternate flextime scheduling may take one additional flex day off within a given pay period if there are sufficient accrued flex hours to cover the time.
Conditions of Employment for
Management Personnel
July l, 2023 to June30,2024
2.6 CARRY OVER OF FLEXTIME HOURS:
A maximum of forty (40) flextime hours may be carried forward from one fiscal year to the next.
Effective the hrst full pay period in July, adjustments on accrued flex hours will be made. Anything less than forty (40) hours and negative balances will be carried forward as they appear on the last full pay period in June.
SECTION 3 COMPENSATION AND BENEFITS
3.1 PAY STATUS:
A Management Employee is considered to be in pay status and eligible for benefits under any of the following circumstances :
(1) While working regular hours
(2) While on authorized Leave Bank hours
(3) While on authorized Injured on Duty (IOD) status
(4) While on authorized jury duty
(5) While on flex hours
The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four (4) months when it is deemed appropriate or is otherwise required by law.
3.2 METHOD OF PAYMENT:
Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursday aftemoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to insure that individual pay checks are available with a minimum of delay.
Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employee's checking or savings account.
3.3 BASE WAGE ADJUSTMENT:
A. Effective the first full pay period after July 1, Management Personnel , may be eligible to have their base wages adjusted pursuant to the results of an annual performance-based employee evaluation. The evaluation format shall be determined by the City Manager or their designee.
B. Newly hired employees and promoted employees will have a l2-month performance-based evaluation on their one-year anniversary from date of hire or promotion and may receive a base wage adjustment pursuant to the results of the evaluation and within the position salary range of the classification. Thereafter, an employee shall be moved to a July I annual Performance Evaluation period, including pro-ration of any salary adjustment if appropriate, per the following table:
Conditions of Employment for
Management Personnel
July l, 2023 to June30,2024
EMPLOYMENT
OR PROMOTION DATE*
lst YEAR PRO-RATION
OF ELIGIBLE INCREASE
July 100.00%
August 91.61%
September 88,33%
October 7s.00%
November 66.67%
December s0.00%
January s8.33%
February 41.67%
March 33.33%
April 25.00%
Mav 16.61%
June 8.33%
*If employment or promotion date is on or after the 15th of the month, the following month's proration amount shall be applied.
C. The result of the Performance Rating shall be used by the City Manager to determine the appropriate range of increase to the base wage as illustrated in the Merit Increase Matrix. The exact increase within the range provided for in the Matrix shall be determined by the City Manager.
MERIT INCREASE MATRIX
RatinS
84.210s%
to
94.7368%
94.7369%
to
705.2632%
10s.2633%
to
1,r5.7895%
4.6 and Above 8.0000% 7.OOOOo/o 6.OOOO%
4.4 7.5000% 6.5000% 5.5000%
4.2 7.0000% 6.0000% s.0000%
4.O 6.5000% 5.5000% 4.5000%
3.8 6.0000% s.0000% 4.OOOO%
3.6 5.5000% 4.5000% 3.5000%
3.4 s.0000% 4.OOOO% 3.0000%
3.2 4.5000% 3.5000% 2.SOOOYo
3.0 4.0000% 3.0000% 2.OOOO%
Less than 3.0 0.0000% 0.0000% 0.0000%
Salary Relative to Position Control Point
D. All wage increases are subject to availability of funds as authorized by City Council Conditions of Employment for
Management Personnel
July 1,2023 to June30,2024
3.4 DEFERRED COMPENSATION PROGRAM:
A deferred compensation plan will be available to Management Employees with participation on a voluntary basis.
3.5 STATE DISABILITY INSURANCE:
The City participates in the State Disability Insurance Program to provide coverage for nonindustrial injuries. As a benefit, the City reimburses Management Employees in this classification for payroll deductions made on base salary for State Disability Insurance.
3.6 SHORT.TERIVI/LONG TERM DISABILITY PROGRAM:
In addition to coverage under the State Disability Insurance Program, the City provides eligible full-time employees with additional short-term disability coverage to integrate with SDI for a weekly benefit of 60Yo of covered earnings and a long-term disability program to provide a monthly benefit of 66 2/3oh of covered earnings. This program will be at the expense of the City.
3.7 FICA MEDICARE TAX:
All employees hired after April 1986 are subject to FICA Medicare taxes in accordance with Federal regulations. The City will reimburse the Management Employees for payroll deductions made on base salary for FICA Medicare Tax.
3.8 SPECIAL PAY:
Pursuant to Section 3.6 and 3.8, reimbursement equal to the payroll deduction for the employee's annual cost for SDI and/or FICA Medicare tax will be pro-rated over the twenty-six (26) payroll periods and paid to the employee on the regular bi-weekly payroll check as "Special Pay".
3.9 OUTSTANDING OBLIGATIONSUPONTERMINATION:
If any Management Employee has any outstanding obligations due to the City, such as advance use of any benefits or lost or damaged equipment, at the time of termination, the employee will be requested to reimburse the City for any such advanced amount.
3.10 CAL PERS RETIREMENT:
The City provides retirement benefits through the Califomia Public Retirement System pursuant to Section 7.
3.11 HEALTH, DENTAL AND WELLNESS PROGRAM:
The City provides health, dental and wellness benefits pursuant to Section 8.
Conditions of Employment for
Management Personnel
July l, 2023 to lune 30,2024
SECTION 4 LEAVE REGULATIONS
4.1 ANNUAL LEAVE:
Annual leave for full-time Management Employees is inclusive of all leave benefits (vacation, sick, floating holidays, paid administrative leave and approved paid personal leave), and can be used for vacations, personal time off, sick leave purposes and other time away from work consistent with the terms of this section. The use of annual leave for 'Sick Leave Purposes" means 1) time off to diagnose, care, or treat an existing health condition, or for preventative care for the employee or for the employee's child, spouse, domestic partner, parent, parent of employee's spouse or domestic partner, grandparent, grandchild, or sibling; and 2) time off for employees who are victims of domestic violence, sexual assault, or stalking may also use annual leave to seek medical attention, obtain services from a shelter or crisis center, obtain counseling, or go to court.
Employees covered in this Conditions of Employment, who have served less than thirty (30) days within ayear of the commencement of employment in the service of the City are not eligible for annual leave. However, leave credits for the time will accrue for each such regular full-time employee.
4.2 ANNUAL LEAVE BANK:
In place of separate leave accrual for vacation, sick leave, paid administrative leave and floating holidays, each employee will accrue leave in a Leave Bank that will be inclusive of all such leave benefits (vacation, sick, floating holidays, paid administrative leave and approved paid personal leave).
4.3 LEAVE ACCRUAL:
At the beginning of each fiscal year eligible employees will receive a leave bank equal to one-half hislher annual leave entitlement; employees will receive the remaining one-half of his/her leave entitlement in the first full pay period in January.
Employee's annual leave entitlement for hislher first year of employment shall be based on the number of full months that employee will work forthe City prior to the July 1 following their date of hired. For example, if an eligible employee's first day of employment is December 15, herlhis annual leave entitlement for their year of employment will be 50Yo of 144 hours, which equalsT2 hours. However, the amount of the leave bank entitled for the first year of employment will not be less than twenty-four (24) hours or three (3) days, whichever is greater. The first year amount of annual leave will be credited to the employee's leave bank after the employee completes thirty (30) days of employment in the service of the City. The amount of annual leave credited to the employee's leave bank for their first year of employment will not be subject to the maximum leave bank accumulation as provided in section 4.8.
Effective the July 1 following the employee's date of hire, and every July 1 thereafter, employees will receive a leave bank equal to his/her annual leave entitlement.
Conditions of Employment for
Management Personnel
July l, 2O23 to lune30,2O24
In the event one or more municipal holidays fall within an authorized leave with pay, such holidays shall not be charged as leave, and the leave shall be extended accordingly.
Accrued leave time can be taken off prior to the date of retirement and used to delay final date of employment if it is requested in writing and approved at least thirty (30) days prior to the scheduled date that such leave would begin.
4.4 LEAVE BANK SCHEDTJLE:
(Days on leave bank schedule are figured as eight (8) hour days)
MANAGEMENT EMPLOYEES SERVING AS DEPARTMENT HEADS
(Accrual includes 48 hours of administrative leave)
Years of service Total A.ccrual
0 through three
Four through six
Seven through ten
Eleven
Twelve
Thirteen through fifteen
Sixteen through eighteen
Nineteen or more
Thirty year service award
Years of Service
0 through three
Four through six
Seven through ten
Eleven
Twelve
Thirteen through fifteen
Sixteen through eighteen
Nineteen or more
Thirty year service award
192 hours
208 hours
232 hours
240 hours
248 hours
256 hours
272hours
280 hours
304 hours
Total Accrual
(24 days)
(26 days)
(29 days)
(30 days)
(31 days)
(32 days)
(34 days)
(35 days)
(38 days)
(30 days)
(31 days)
(33 days)
(34 days)
(37 days)
MANAGEMENT, MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL
EMPLOYEES
(Accrual includes 40 hours of administrative leave)
184 hours
200 hours
224 hours
232hours
240 hours
248 hours
264 hours
272hours
296 hours
(23 day
(25 day
(28 day
(29 day
s)
s)
s)
s)
4.5 LEAVE ELIGIBILITY:
Employees are eligible to use annual leave benefits on their ninetieth (90th) day of employment.
4.6 NOTIFICATION FOR USE OF LEAVE BANK:
Except for annual leave used for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:
Conditions of Employment for
Management Personnel
July 1,2023 to June30,2024
Employees are required to make written requests through the appropriate supervisory channels for the use of accrued leave time. The written request shall be submitted at least two (2) full working days in advance for leave requests of up to four (4) working days; for leave requests of five (5) working days or more, the written request shall be submitted at least ten (10) working days, but not earlier than ninety (90) calendar days, prior to the beginning date of the requested leave. No use of accrued leave time or related absence is authorized until the employee's written request is approved in writing.
Leave periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and personal preference. The City will make every effort to give maximum possible advance notice to the affected employee in the event scheduled leave must be cancelled or modified due to the needs of the service.
Where use of accrued leave time is requested for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:
Where the need to use annual leave for Sick Leave Purposes is foreseeable, employees must provide reasonable advance notice, orally or in writing, to their supervisor or Human Resources.
If the request for the use of five (5) or more days of leave time is related to plan medical treatment, when possible the employee should make the request for use of leave time at least ten (10) working days in advance. When the need to use annual leave for Sick Leave Purposes is not foreseeable, is being used in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, employees are required to notifu their supervisor or Human Resources, orally or in writing, as soon as practicable.
4.7 UNAUTHORIZED LEAVE
An employee's absence shall be unauthorized if the employee does not report his or her absence to his or her supervisor or Human Resources as required under section 4.6.
4.8 LEAVE BANK ACCUMULATION
A maximum of one hundred and sixty hours (20 days) of leave accrual will be the maximum allowed for carry-over at the end of a fiscal year, provided however, if at the end of year there are any leave bank hours over 160, the hours will be carried over and a commensurate number of hours shall be deducted from the employee's annual accrual in order that the maximum leave bank accrual not exceed an employee's annual accrual plus 120 hours.
4.9 LEAVE BANK CASH-OUT/OPTIONS
1. During the month of December, an employee may elect to convert up to eighty (80) hours of any unused leave hours accrued or contribute the value of the cash payment to their existing 457 plan up to the legally allowed maximum and with proper notice, provided the employee retains an accrued leave balance of at least forty (a0) hours in Conditions of Employment for
Management Personnel
July 1, 2023 to June30,2024
their leave bank. Compensation for such cash-out ofunused accrued leave hours will be based on the employee's existing salary at the time the request is made. In order to cash-out unused leave hours, an employee must make an irrevocable election (i.e., pre-designation) duringthemonth ofDecember, specirying thetotal number of hours to be cashed-out from next year's leave accrual. During the calendar year following the pre-designation, an employee may choose an increment to cash out in April and/or July. If no cash-out occurs in April and/or July and/or any balance ofthe pre-designated amount remains, said amount will be cashed out in December. If the employee does not have the vacation hours available to satisfu the amount predesignated for the cash-out, the employee will be precluded from making an irrevocable election and cashing-out the following calendar year.
2. Further, each employee may direct that all or any portion of the allowed cash-out amount be used to buy benefits offered under the Flexible Benefit Progtam.
4.IO TREATMENT OF ACCRUED LEAVE UPON TERMINATION
At the time of termination of employment, employees shall be paid the cash value of all unused accrued leave hours based on the employee's then existing salary rate; or, in the alternative, the employee may exercise the option to invest the cash value of such unused accrued leave hours in the Employee Flexible benefit Program.
If a retiring employee terminates employment during the year and is legally entitled to a distribution of unused leave, the employee may submit, in writing, his or her request for the City to "hold" payment of his or her accumulated leave until the following year. Such request must be submitted in writing in advance of the date of retirement and requires written approval by the City Manager before any disbursement can be made.
4.II TREATMENT OF ACCRUED LEAVE UPON RETIREMENT:
Unused leave time can be taken off prior to retirement date and used to delay the final date of employment if requested in writing and approved at least 30 days prior to the scheduled date that such leave would begin.
If a retiring employee terminates employment during the year and is legally entitled to a distribution of unused leave, the employee may submit, in writing, a request for the agency to "hold" payment of pro-rated accumulated leave until the following year. Such request must be submitted in writing prior to date of retirement and requires written approval by the City Manager before any disbursement can be made.
4.I2 CATASTROPHIC EVENT:
In the event an employee in this group suffers a catastrophic event, e.g. serious illness, and there is not a sufficient leave balance to cover the employee's absence from the workplace, upon written request to the City Manager, an advancement of up to thirty (30) days of leave may be granted, with the understanding that it will be reimbursed to the City on a day-for-day basis from future Conditions of Employment for
Management Personnel
July 1,2023 to June30,2024
Page I I
allocated leave or reimbursed to the City as outlined under Section 3.6 Outstanding Obligations Upon Termination.
4.13 UNPAID LEAVE:
of Absence Without P
The City Manager may grant a regular or probationary employee leave of absence without pay or accrual of employment benefits, such as paid time off or seniority, for reasons other than pregnancy, disability or family care leave, for a period not to exceed ninety (90) days. No employee shall be authorized leave without pay if said employee has accrued leave or compensatory timeoff accrued on the books of the City. After ninety (90) days, the leave of absence may be extended if authorized by the City Council.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon return to duty following expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration shall be cause for discharge. The depositing in the United States mail of a first-class letter postage paid, addressed to the employee's last known place of address shall be reasonable notice.
Department heads may grant a regular, or probationary employee leave of absence without pay for not to exceed one (1) calendar week. If the leave of absence request without pay is in relation to an employee's disability accommodation, then the leave shall be determined through the interactive process on a case-by-case basis. Such leaves shall be reported to the Human Resources/Risk Manager.
No leave shall accrue to any employee during any full biweekly pay period in which the employee is on an authorized leave without pay in excess of five (5) days. Employee on leave without pay may also be responsible for full payment (employer and employee portion) of insurance premiums for insurance coverage during such leave. Benefits shall be continued at City expense during the first thirty (30) days of such leave.
Statutory Familv and Medical Leave
l. Eligibility
The City provides eligible employees the opportunity to take unpaid leaves of absence for specific reasons in accordance with California's Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). To be eligible for FMLA/CFRA Leave, an employee must (1) have worked for the City for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve months preceding the leave.
FMLA Leave
a. Permissible l]ses
2. Conditions of Employment for
Management Personnel
July 1,2023 to June30,2024
b.
"Family care leave" may be requested under the FMLA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, or parent. "Medical leavs" may be requested under the FMLA for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.
"Qualifuing exigency leave" may be requested under the FMLA (and CFRA) for quali$ing exigencies arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. "Qualifuing exigencies" include certain absences related to shortnotice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post- deployment activities, and additional activities. Employees may contact the Human Resources/Risk Manager or her or his designee for more information about what qualifies as a "quaiifring exigency."
"Military caregiver leave" may be requested under the FMLA to care for a "covered service member" if the employee is a spouse, child, parent, or next of kin of the "covered service member." A "covered service member" is:
o I member of the Armed Forces, including the National Guard and Reserves, who, because of a serious injury or illness incurred in the line of duty while on active duty that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating, is:
(1) undergoing medical treatment, recuperation, or therapy; (2) in outpatient status; or (3) on the temporary disability retired list; or o I veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
Amount of FMLA Leave Available
Provided all the conditions of this policy are met, an employee may take a maximum of twelve (12) weeks total of family care leave, medical leave, and qualifring exigency leave under the FMLA in a l2-month period. This l2-month period is measured backwards from the date the employee's family care leave, medical leave, or qualifying exigency leave under the FMLA commences.
Spouses who are both employed by the City may take a maximum combined total of twelve weeks of family care leave under the FMLA in a l2-month period for the birth, adoption, or foster care of their child.
Conditions of Employment for
Management Personnel
July 1,2023 to lune30,2024
Provided all of the conditions of this policy are met, an employee may take up to 26 weeks total of a combination of all leaves under the FMLA during a 12- month period (up to 12 weeks of which may be for FMLA leave other than military caregiver leave). The l2-month period used to measure this entitlement will commence upon the first use of military caregiver leave under the FMLA for a covered service member's particular injury.
3. CFRA Leave
"Family care leave" may be requested under the CFRA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, domestic partner as defined in California Family Code Section 297, or parent. Under the CFRA, "child" means a child, including a child who is 18 years of age or older who is capable of self-care. An employee's child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis. Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, or sibling who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concuffently with leave under the FMLA. "Medical leave" may be requested for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.
Under the CFRA only, leave for "qualifring exigencies" arising out of the fact that an employee's domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not nrn concunently with leave under the FMLA.
Provided all ofthe conditions ofthis policy are met, an employee may take up to twelve (12) weeks of leave under the CFRA during a 12-month period. This I 2-month period is measured backwards from the date the employee's family care leave or medical leave under the CFRA commences.
If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:
1. The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to 12 workweeks during any l2-month period; and
2. Each parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.
If both parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 work weeks during the l2-month period. This limitation does not apply to any other type of leave under this policy.
Family care leave and medical leave under the CFRA typically run concuffently with family care leave and/or medical leave under the FMLA, except as otherwise set forth herein.
Conditions of Employment for
Management Personnel
July l, 2023 to llune 3O,2024
4. Intermittent Leave
FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child generally must be taken in blocks of at least two (2) weeks' duration; however, the City will provide employees with family care leave for birth, adoption, or foster care placement for periods of less than two (2) weeks duration on any two (2) occasions. FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child must be concluded within one (1) year of the birth, adoption, or placement.
Qualifuing exigency leave under the FMLA may be taken on an intermittent or reduced schedule as required by the qualifring exigency.
FMLA/CFRA Leave for any other reason may be taken intermittently or on a reduced schedule where medically necessary. If FMLA/CFRA Leave is authorizedlo be taken intermittently or on a reduced schedule, the City retains the discretion to transfer the employee temporarily to an altemative position with equivalent pay and benefits which better accommodates the employee's leave schedule.
5. Substitution of Paid Leave
Employees are required to substitute accrued paid time off, including accrued compensatory time off, for all FMLA/CFRA Leaves, except that employees can retain a five (5) day balance of accrued paid time off.
If the employee is recelvmg payments from State Disability Insurance ("SDI") while on FMLA/CFRA leave, the accrued paid leave time will only be used in an amount which supplements the SDI payment such that the employee receives the full amount of his or her regular compensation as an active employee.
The substitution of paid leave time for FMLA/CFRA Leave does not extend the total duration of FMLA/CFRA Leave to which an employee is entitled. For example, if an employee has accrued two (2) weeks of unused paid vacation time at the time of the request for medical leave under the FMLA/CFRA, that paid vacation time will be substituted for the first two (2) weeks of FMLA/CFRA Leave, leaving up to ten (10) additional weeks of unpaid FMLA/CFRA Leave.
6. Leave's Effect on Pay
Except to the extent that other paid leave time ls substituted for FMLA/CFRA Leave, FMLA/CFRA Leave is unpaid.
7. Leave's Effect on Benefits
During an employee's FMLA"/CFRA Leave, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave. Employees are required to continue to make any payments they normally make towards healthcare coverage premiums while on leave.
In the event an employee on leave fails to make timely payment for their portion of healthcare Conditions of Employment for
Management Personnel
July l, 2023 to June30,2024
coverage premiums, the City will notifu the employee of such failure and, if payment is not made, terminate the coverage.
If the employee fails to return from the leave for a reason other than the recurrence or continuation of the health condition that brought about the leave or other circumstances beyond the employee's control, the City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave.
Employees on FMLA/CFRA Leave accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. lf the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benehts on a pro rata basis.
8. Procedure forRequesting Family Care and Medical Leave Notice Requirements
Employees should notifu the Human Resources/Risk Manager of their request for FMLA/CFRA Leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee shall provide thirty (30) calendar days' advance written notice to the Human Resources/Risk Manager of the need for FMLA/CFRA Leave. For events that are unforeseeable thirty (30) days in advance, but are not emergencies, the employee must notiff the Human Resources/Risk Manager, in writing, as soon as he/she learns of the need for the leave, ordinarily no later than one (1) to two (2) working days after the employee learns of the need for the leave. lf the leave is requested in connection with a planned, non-emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimize disruption of the City's business.
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 deny the taking of the leave.
All requests for FMLA/CFRA Leave should include anticipated date(s) and duration of the leave.
Any requests for extensions of an FMLA/CFRA Leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work and must include the revised anticipated date(s) and duration of the family care or medical leave.
Certification
Any request for FMLA/CFRA Leave must be supported by proper certification of the need for leave. For foreseeable leaves, employees must provide the required certification before the leave begins. When this is not possible, employees must provide the required certification within fifteen (15) calendar days after the City's request for certihcation, unless it is not practicable under the circumstances to do so, despite the employee's good faith efforts. Failure to provide the required certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required certification within fifteen days of Conditions of Employment for
Management Personnel
July l, 2023 to June30,2024
being requested to do so may result in a denial of the employee's continued leave. Any request for an extension of the leave also must be supported by an updated certification.
Certification of family care leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2)the probable duration of the condition; (3) the health care provider's estimate of the amount of time needed for family care; and (4) the health care provider's assurance that the health care condition requires family care leave.
Certification of medical leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) a statement that, due to the serious health condition, the employee is unable to perform the functions of his or her position; and (a) in the case of intermittent leave or revised schedule leave where medically necessary, the probably duration of such a schedule. In addition, the certificate may, at the employee's option, identi$ the nature of the serious health condition involved. lf the City has reasonto doubt the validity ofthe certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City's choosing at the City's expense. lf the employee's health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, aiso at the City's expense, performed by a muiualiy agreeabie doctor who will make a final determination. Before permitting the employee to return to work, the City may also require the employee to provide medical certification that he or she is able to return to work.
Certification of a military caregiver leave under the FMLA shall be either (l) an appropriate medical certihcation from an authorized health care provider or (2) a copy of an Invitation Travel Order or Authorization issued by the Department of Defense.
The nature and format of the certification of a qualifuing exigency leave under the FMLA will vary depending on the nature of the qualifuing exigency, and will typically include a copy of the active duty orders for the employee's spouse, son, daughter, or parent.
9. Leave's Effect on Reinstatement
Employees returning from FMLA/CFRA leave are entitled to reinstatement to the same or comparable position consistent with applicable law, provided that the total period of the FMLA/CFRA Leave does not exceed the employee's maximum leave entitlement as described above.
Employees who take medical leave under the FMLA/CFRA for their own serious health condition must provide medical certifications veri$ing that they are able to return to work in the same manner as employees who return to work from other types of medical leave.
Preenancv Disabilitv Leave (POL)
Under the Califomia Fair Employment and Housing Act (FEHA), if an employee is disabled by pregnancy, childbirth or related medical conditions, she is eligible to take a pregnancy disability leave (PDL). lf an employee is affected by pregnancy or a related medical condition, she is also Conditions of Employment for
Management Personnel
Jufy l, 2023 to lune 30,2024
eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.
The PDL is for any period(s) of actual disability caused by pregnancy, childbirth or related medical conditions up to four (4) months (or eighty-eight (88) work days for a full-time employee) per pregnancy. For a full-time employee who works 40 hours per week, "four months" means 693 hours of leave entitlement, based on 40 hour per week times 17 ll3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.
The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis.
Time off needed for prenatal care, severe morning sickness, doctor ordered bed rest, childbirth, and recovery from childbirth would all be covered by the PDL.
Except as other specifically provided in this section, generally, the City is required to treat pregnancy disability the same as the City treats other disabilities of similarly situated employees. The leave will be unpaid. a
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Employees on PDL will be required to obtain a written certification from their health care provider of the pregnancy disability or the medical advisability for a transfer. The certification should include:
The date on which the employee becomes disabled due to pregnancy or the date of the medical advisability for the transfer;
the probable duration of the period(s) of disability or the period (s) for the advisability of the transfer, and
a statement that, due to the disability, the employee is unable to work at all or to perforrn any one or more of the essential functions of the position without undue risk to herself; the successful completion of the pregnancy or to other persons or a statement that, due to your pregnancy, the transfer is medically advisable.
At the employee's option, any accrued paid time off may be used as part of the pregnancy disability leave before taking the remainder of the leave as an unpaid leave. However, taking paid time off during the period ofthe pregnancy disability leave does not extend the maximum time allowed for such leave. Employees may also be eligible for state disability insurance for the unpaid portion of the leave.
Employees on PDL accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments, she will accrue employment benefits on a pro rata basis.
An employee who is on a leave of absence for a period in excess of two (2) months must notifr the Human Resources/Risk Manager by the end of each month thereafter both of the 1 2
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Conditions of Employment for
Management Personnel
July 1, 2023 to lune 30, 2024
status of the disability and the employee's continued intent to work once the employee recovers from the disability. An employee returning from an absence shall be required to provide a physician's certification that indicates that she is fit to return to work.
An employee who returns to work at the end of a leave of absence due to pregnancy, childbirth or related medical condition will be returned to her former position, if possible, or will be offered the first available opening in a comparable position for which she is qualified.
An employee who returns from a leave of absence due to pregnancy will be credited with all service prior to the commencement of her disability.
An employee who fails to report for work at the end of an approved leave will be deemed to have voluntarily resigned.
During an employee's approved PDL, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave, for up to four months.
Employees are required to continue to rnake any payments they normally make to'i,'ards healthcare coverage premiums while on leave. In the event an employee on leave fails to make timely payment for their portion of healthcare coverage premiums, the City will notiff the employee of such failure and, if payment is not made, terminate the coverage. The City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave if the employee fails to return from the PDL for a reason other than one of the following: (1) the employee takes FMLA/CFRA Leave; (2) the continuation, recurrence or onset of a serious health condition or serious injury or illness within the meaning of FMLA/CFRA; or (3) other circumstances beyond the employee's control as provided by law.
Employees on PDL accrue employment benefits, such as paid time off or seniority, only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benefits on a pro rata basis.
Paid Familv Leave
Employees who are covered by the state's SDI program will be eligible for reimbursement for up to six (6) weeks during a twelve (12) month period of qualiffing unpaid leave, for the purposes of bonding with a newborn child (up to one (1) year from birth or adoption), or to care for a family member or domestic partner.
An employee who is eligible for SDI benefits may only become eligible for PFL benefits after SDI benefits are no longer being paid. SDI benefits are payable when an employee is disabled for a non-work related reason, which may include pregnancy; PFL benefits are for baby bonding and for providing care to a family member.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30,2O24
Once an employee is no longer disabled, and (in the case of pregnancy) has given birth, her SDI benefits may cease and she may apply for baby bonding benefits under PFL.
Once an employee applies for PFL, there is a seven (7) day unpaid waiting period before the employee may start receiving benefits. However, an employee who previously served a waiting period before receiving SDI benefits will not have to serve another waiting period before receiving PFL benefits. Employees may use their accrued paid time off during the seven (7) day waiting period.
Paid Family Leave is administered by the State of California and may be modified by the State from time to time.
4.I4 DEATH OR CRITICAL ILLNESS IN IMMEDIATE FAMILY
BEREAVEMENT LEAVE
An employee eligible for benefits, upon the necessity of his absence being shown to and with the consent of the City Manager, may be allowed to be absent from the duties of his/her position and to receive full compensation during puch absence for bereavement leave. Eligible City employees shall be entitled to bereavement leave, in addition to any other leave, to provide up to three (3) working days per year with pay in the case of death or of critical illness where death appears eminent. This time shall be in addition to accrued leave time or compensatory time. The City shall cooperate with the employee in providing time off, using accrued leave time, or compensatory time, for any additional bereavement needs ifthe three (3) days bereavement leave has been used.
Such benefit shall apply to all immediate family members, to include spouse, child, brother, sister, parent (including step family and in-laws), grandparents and grandchildren when the relationship of the person to the employee warrants such use of bereavement leave. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or critical illness to his/her department head.
Such leave of absence shall not be allowed in any case where, in the preceding six (6) calendar months, a leave of absence for the critical illness of that same relative has been granted. Such bereavement leave is not cumulative from year to year.
Leave to attend the funeral of a co-worker will be acceptable to the City upon Department Head approval consistent with maintenance of operations. Such leave is considered leave with pay and not charged to any other leave.
4.I5 CONFLICT OF LAWS
In the event of any conflict between the provisions of this Conditions of Employment and Federal or State laws, such Federal or State laws shall prevail.
Conditions of Employment for
Management Personnel
July 1, 2023 to June 30, 2024
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SECTION 5 LEGAL HOLIDAYS
5.1 Legal Holidays
A. The City has established the following schedule of days that shall be observed as legal holidays by all affected employees, at which time the City's administrative offices will be closed. The City observes twelve holidays. Three floating holidays are included in the leave bank.
NewYear's Day
Martin Luther King Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
ThanksgivingDay
Friday following Thanksgiving
Christmas Day
B. Additionally, the following days shall be observed as legal holiday: The day before or after Christmas Day and day before or after January I't.
C. When a holiday falls on a Saturday or Sunday, the preceding Friday or the following Monday respectively shall be observed as the legal holiday. If the holiday falls on an employee's flex day, the flex day may be rescheduled within the same work week.
Rescheduled flex days off that are rescheduled because a holiday falls on that day are subject to prior approval by the Department Head and appropriate notification to the Administrative Services Department.
D. Observance of a legal holiday on a Friday or Monday, at which time the City's Administrative offices will be closed, will not create overtime or the loss of time from an employee's leave bank if the holiday falls on a regularly scheduled flex day. The hours for any given holiday will relate to the number of hours of the employee's regular scheduled work day for that particular day.
E. Nothing in this Conditions of Employment shall preclude the City from declaring a holiday when a legal holiday has been declared by the President of the United States or the Governor of the State of California or the City Council.
SECTION 6 WORI(ERS' COMPENSATION INSURANCE
When an employee is injured on duty arising out of and in the course of employment (which shall not be construed as an employee's normal commute to and from work), such employee shall receive benefits and incur obligations as follows:
For a period not to exceed six months, commencing with the first day following such injury, while a full-time City employee is totally disabled from industrial injury and on accepted workers' January lst
3rd Monday in January
3rdMonday in February
Last Monday in May
June 19th
July 4th
lstMonday in September
November 1lth
4th Thursday in November
4th Friday in November
December 25th
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Conditions of Employment for
Management Personnel
Iuly 1,2023 to June 30,2024
Page2l
compensation status, employee shall be compensated in an amount equal to such employee's base wages at the time of such disability, less the aggregate of (a) any workers' compensation benefits, and (b) any other disability payments made to such employee. Such payment shall be limited to said six month period or until such employee is retired on pefinanent disability or terminated from the City's employment, whichever comes first.
An employee shall be entitled to benefits at the normal rate if the employee is on accepted workers' compensation status and in a pay status for up to six months as defined above.
The workers' compensation carrier of the City reserves the right to subrogate if a claim is filed by an employee against a third party.
SECTION 7 RETIREMENT PROGRAM
The City shall continue to participate in the California Public Employees Retirement System (CaIPERS). Under CaIPERS, the City provides the 2Yo@55 Miscellaneous Plan formula for all employees who are "classic members" as defined by the Public Employees' Pension Reform Act of2013 (PEPRA). For all "newmembers" as defined by PEPRA, the City provides the 2Yo@62 formula. Employees of the City who are hired on or after January 1,2013 who classified as new members under PEPRA are subject to the other CaIPERS terms and conditions set forth in PEPRA.
Effective the first pay period after the City Council approve the Resolution No. 5761, changing the payment and reporting value of Employer Paid Member Contributions (EPMC), City employees who are classic members shall share in the cost of CaIPERS coverage through payroll deduction as follows:
"Classic" employees will contribute a portion of the required employer normal contribution as follows;
Employees shall pay three and one-half percent (3.5%) of "compensation earnable" toward Employer Paid Member Contribution (EPMC) and four and one-half percent (4.5%) toward member contribution, making it a total of eight percent (8%) employee retirement cost share. This 8% contribution by employees to the employer contribution will be considered to be a contribution towards the normal cost as dehned under PEPRA.
C. In addition, the City's will continue contributing3.50Yo of the "employees' compensation eamable" toward Employer Paid Member Contribution (EPMC).
D. Employees who are hired after January I,20I3 and are new members under PEPRA, shall pay the full member contribution amount which is currently 6.50% of "compensation eamable. However, new members will not contribute toward any portion of the required employer contribution.
E. The City shall continue to report the value of the EPMC on all reportable compensation subject to CaIPERS for all employees in Management as adopted by Resolution5761.
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Conditions of Employment for
Management Personnel
July l, 2023 to Jtne30,2024
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SECTION 8 SECTIONS HEALTH/DENTAL BENEFITS
FLEXIBLE BENEFIT PROGRAM
8.1 LIFE, HEALTH AND DENTAL BENEFITS
The parties agree that the City will maintain a life insurance program providing a $100,000.00 term life insurance policy for the management, mid-management employee only, the beneficiary to be designated by said employee. The cost of the premium for this policy to be paid in full by the City. Employees retiring with 20 years or more of continuous service with the City and enrolled in the City's group life insurance program at the time of retirement, may continue to be covered in the City's group life insurance program at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.
The City will maintain the current health insurance program with the Public Employees Retirement System (PERS) Medical and Hospital Care Act (PEMCHA) pursuant to Government Code Section 22850. The health insurance program shall be available to all regular full-time employees and retirees The City will contribute the PEMHCA statutory minimum on behalf of each participant in the program. The PEMHCA statutory minimum for 2023 is $151 per month, and changes each year in accordance with Government Code section 22592(b).In addition, the City shall make contributions to a flexible spending cafeteria plan in accordance with Intemal Revenue Code Section 125 for all active employees, and to a health savings account for all retirees as follows:
Each eligible employee or retiree may select a health insurance carrier providing coverage in the Carpinteria geographic area, as defined and provided by PERS and currently in effect and on file in the City Human Resources Office.
The City will contribute the cost of the most affordable HMO plan available in Ventura and Santa Barbara Counties that employees are eligible to enroll in, i.e., employee only, employee plus one, or family; less the PEMHCA statutory minimum and less the employee's contribution. Employee contributions are calculated on a cumulative basis as follows: employees will pay by payroll deduction, a monthly contribution towards the cost of their health insurance premium (employee and dependents) in an amount equal to .029% of their annual base salary times the percentage of insurance carrier increase or decrease with a minimum of five percent (5%) or maximum ten percent (10%) each year. (For example, if an employee's annual base salary is $50,000, and the insurance carrier increase is 5o/o, the calculation would be: $50,000 x .00029 x 1.05, the monthly contribution for that employee would be $15.22.) The most affordable HMO plan will be used for purposes of calculating the percentage of insurance carrier increase or decrease.
Employees shall be responsible for payment (either through a cafeteria contribution or as a payroll deduction) for any health insurance premium which exceeds the City's contribution amount, including the PEMHCA statutory minimum, for the plan selected for coverage under the PERS Health Benefit Program. (Effective January I, 2024. Until B
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Management Personnel
July 1, 2023 to lune 30,2024
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the effective date, the City will operate under previous COE language; only employees who elect a Prefemed Provider Organization (PPO) plan are responsible for payment of the dffirence between the premiums of their elected PPO plan and the designated HMO plan - BIue Shield Access+ HMO.)
In addition, a Health Care All Employee Committee will be created to evaluate options for the provision of health insurance. The City will schedule these Committee meetings as appropriate in 2018 and, if needed, 2019. However, the City will not initiate any changes to the currently existing health insurance plans during the term of this Conditions of Employment without the agreement of the Management Staff.
Health insurance coverage for newly hired employees will commence on the first day of the month following one full month of employment. If hired prior to the 15th day of the month, the month of hire will count as a full month of employment and coverage will be effective the first day of the following month. If hired after the 15th day of the month the month of hire will not count as a full month and the following month will be the first full month of employment.
For covered employees who terminate during the fiscal year, such health insurance coverage shall end on the last day of the month following when said termination becomes effective, except that the provisions of COBRA may be applied at the employee's option. Covered employees who retire from the City under PERS may, at their option, continue such coverage without interruption pursuant to the provisions of the PERS Health Program.
8.2 DENTAL INSURANCE:
The City will provide 100% of the premium charged to maintain a Dental Insurance Plan for miscellaneous unrepresented employees and, where appropriate, dependent coverage. The City will retain control over the administration of the dental insurance program subject to maintenance of equivalent benefits to the extent it is within the control of the City. COBRA benefits may be applied at the employee's option. Dental coverage will commence on the first day of the month following one full month of employment.
8.3 FLEXTBLE BENEFTT PROGRAM (WELLNESS) ALLOWANCE:
Active regular employees with three or more months of active service with the City shall be credited with a Flexible Benefit Program Allowance in the amount of $1,162 for each calendar year. The City will increase the allowanceby 2%o annually beginning January 1,2018 during the term of this Agreement. E,ffective January 7,2023, the allowance is $1,310.00 (rounded up from $1,309.68).
The purpose ofthe Flexible Benef,rt Program is to provide reimbursement to the covered employee for eligible medical and health-related costs not otherwise covered by health insurance or subject to reimbursement from any other source or to participate in other benefits provided by the Flexible Benefit Program. Payment of medical costs, not A
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B
Conditions of Employment for
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July l, 2023 to June 30, 2024
Page24
C.
covered by insurance, must be prescribed by a physician or determined by the Intemal Revenue Service (IRS) to be an eligible health-related expense.
In addition to reimbursement for eligible medical and health related costs and dependent care, the employee will have the option to purchase benefits offered through the Flexible Benefit Program. The level of participation in benefits provided by the Flexible Benefit Program will be at the option of each employee. Employees may cash out a portion of any unused allowance up to $810 of the Flexible Benefit allowance, subject to applicable payroll taxes or contribute such amount to their 457 planup to the legally allowed maximum and with proper notice. Thc balancc must be used for healthrelated expenses.
Reimbursement for bona fide health-related expenses, which may be eligible expenses under the Flexible Benefit Program may be subject to payroll taxes unless related to a particular medical condition and so prescribed by a medical doctor.
The City will revisit the annual Wellness Allowance taking inflation into consideration.
8.4 OUTSIDE COVERAGE OPTION:
The employee is not required to select or participate in any health/dental insurance program provided by the City, but such employee must provide satisfactory documentation that he/she is covered by an alternative health/dental insurance program.
Those employees with proof of health andlor dental insurance coverage who choose not to participate in the City's group health insurance and/or dental insurance program due to the availability of other coverage through a spouse's employer, the military, or other source, will receive, in addition to the Flexible Benefit Program allowance, a benefit allowance equal to fifty percent (50%) of the premium charged for the annual single coverage in the PERS basic HMO Plan available to this group of employees. An employee shall receive this benefit allowance as a one-time cash payment, with such payment subject to payroll taxes.
Those eligible employees who participate in the City's group health insurance program and have an eligible spouse or family dependents, but select single coverage and choose to cover any dependents under insurance offered through a spouse's employer, the military, or other source will receive, in addition to the employer contribution, the fully paid premium contribution balance for single health insurance coverage and the wellness benefit allowance as provided for in Section 8.3, plus an additional benefit equal to 50% of the allowance specified in the above section, 8.4(B).
8.5 FITNESS PROGRAM:
The City agrees to reimburse employees at the rate of $600.00 per fiscal year ($50.00 per month) for the employee's membership fee at an athletics club or fitness program approved by the City Manager. Only full-time employees are eligible to receive this benefit.
C
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July l, 2023 to June 30, 2024
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This beneht will be made available to each management employee and councilmember subject to budgetary constraints and fiscal allocation. The level of participation in this beneht will be at the option of each employee.
SECTION 9 SERVICE AWARDS
The City of Carpinteria has established appropriate service awards to recognize continuous service with the City at levels of five, ten, fifteen, twenty, twenty-five and thirty years. In addition, in recognition of long-time service of twenty-five and thirty years eligible employees are entitled to the following recompense:
Twenty Five Year Service Recosnition
Upon completion of twenty-five years of continuous service, eligible employees will be entitled to two personal days of leave per fiscal year. The hours will not have a cash value nor will they accumulate to be carried over to the next fiscal year. The use of the days as time off shall be subject to the regular request process.
Thirty Year Service Recognition
Upon completion of thirty years of continuous service, eligible employees will receive a commemorative recognition gift and be entitled to have three additional days added to their existing leave bank hours.
SECTION 10 LIFE INSURANCE
10.1 LIFE INSURANCE:
The City will maintain a group term life insurance policy for employee only, the beneficiary to be designated by the employee. The cost of the premium for this policy to be paid in full by the City.
The coverage of such life insurance for this classification of employee will be $50,000 subject to conditions of the providing life insurance company.
Employees retiring with 20 years or more on continuous service with the City and enrolled in the City's group life insurance at the time of retirement, may continue to be covered at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.
SECTION I I EDUCATION/TRAINING AND PROFESSIONAL
DEVELOPMENT
11.1 TRAINING PROGRAMS:
The City recognizes the importance of training programs and advancement of employees to higher skills and encourages employees to participate in programs to improve his/her performance on the job. The City agrees that all direct costs of all training or instruction required by the City shall be paid for by the City.
Conditions of Employment for
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July l, 2023 to June 30, 2024
Page26
Charges for tuition, books and supplies for educational courses, not required by the City but directly related to the Management Employee's position with the City, and having prior written approval of the Department Director and City Manager will be reimbursed upon presentation of satisfactory completion of such training.
It is the policy of the City to provide paid membership in approved professional associations for Management Employees as budgeted and subject to approval by the City Manager. This policy also includes publications associated with membership and other educational materials. The City encourages Management Employees to attend professional conferences subject to budgetary restraints and fiscal allocation.
SECTION 12 MISCELLANEOUS POLICIES
I2.I PHYSICAL EXAMINATION:
The City encourages all employees to have an annual physical examination as provided for under our health insurance benefits.
12.2 DRESS AND DECORUM:
All employees shall observe professional standards of dress, and decorum considered suitable for general public contact based on current social standards as interpreted by the City Manager.
12.3 EMPLOYEE RESPONSIBILITIES:
Each employee shall comply with all safety laws, rules and regulations and adopted polices of the City in performing the duties required of his/her position; and shall not willfully violate any of the provisions of the ordinances and resolutions which have been adopted and/or prescribed by the Carpinteria City Council or City Manager.
I2.4 DEATH BENEFIT:
The City shall pay a death benefit in the amount of Two Thousand Five Hundred Dollars ($2,500) directly to the spouse or legal heirs of any Management Employee within seventy two hours of the death of any Management Employee as the result of any industrial injury or illness as defined by Cal OSHA Publication #120-A, sustained by such employee while on duty within the course and scope of his/her employment with the City of Carpinteria.
I2.5 TRANSLATION PAY:
(1) Management Employees are encouraged to voluntarily develop bilingual skills in instances where the public contact nature of their jobs would make such skills valuable.
Any Management Employee hired prior to August 15, 1998 who, on a regular basis, is required to translate/interpret from Spanish to English or English to Spanish and is proficient in Spanish as determined by the City Manager shall be paid Translation Pay.
(2)
Conditions of Employment for
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July l, 2023 to June 30,2024
Page27
12.6 MOVE.UP PAY OR TEMPORARY ASSIGNMENT:
When in the best interests of the City, the City Manager may approve a Move Up or Temporary Assignment of a probationary or regular employee to a higher level classification than that for which he/she is currently assigned and being compensated, in accordance with the following:
1) Eligibility Requirements
a) The City Manager has the sole discretion to determine if a Move Up or Temporary Assignment is needed and has the sole authority to deny or approve assignment, without any right to grievance or appeal.
b) The employee appointed to work in a Move Up or Temporary Assessment must be capable of handling the major duties of the higher level classification without any more supervision than an employee who regularly works in the higher classification. c) To be eligible for Move Up or Temporary Assignment, the employee must be required to work more than f,rve (5) working days in succession in the higher classification.
d) Should an employee be hired to hll a higher classification position during a period of Move Up or Temporary Assignment, the employee's time worked in a higher classification shall not count toward the completion of probationary requirements for the higher classification, unless expressly established as a condition of hiring.
2) Amount of Move Up or Temporary Assignment Pay
a) An employee shall receive compensation equal to ten percent (10%) above the employee's regular base salary, for work performed within the scope and responsibilities ofthe higher classification and will continue to receive the additional pay for the duration of assignment. Base salary is dehned as the base salary paid to the employee without additions for overtime, medical insurance, longevity, expense or other benefits. b) In no event shall the employee receive an amount greater than the base salary for the maximum step for the higher classification. c) An employee shall not receive any other benefit assigned to the higher classification that they are not already receiving.
d) While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee's regular position.
3) Move Up or Temporary Assignment Pay Does Not Apply to the Following:
a) The mere performance of certain portions ofthe higher position or assisting with certain duties of the position is filled.
Conditions of Employment for
Management Personnel
July 1, 2023 to June 30, 2024
Page28
b) Where the temporary assignment is areplacement of an employee on vacation. c) When the City has activated the Emergency Operations Center (EOC).
When the EOC is activated, all public employees are declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. During a time of emergency, employees may work modified job duties and/or may be asked to take on tasks outside of their normal responsibilities to work in support of emergency operations and such activities and/or duties are not eligible for Move Up or Temporary Assignment Pay.
12.7 PARTICIPATION IN CITY.SPONSORED RECREATION PROGRAMS :
The City agrees to provide special employee rates to currently employed, regular full-time employees and their immediate family members who wish to participate in City-sponsored Parks and Recreation Department Programs. All fees are payable in advance of participation in the program. Requests for employee rates for City-sponsored progftrms should be in writing and approveel by the Pa-rk-s and R-ecreation Director and scheduled .adth the appropriate recreation program supervisor.
(1) Eligible employees will receive a fifty percent (50%) discount on tuition and registration only for City-sponsored recreation programs. Individual enrollees will be responsible for any ala carte activities scheduled in the programs, e.g. field and/or camping trips, movies, special meals, etc. A discount on recreation rental equipment is dependent upon availability. (2) The annual fee for Community Pool Family Membership will be discounted Seventy-five percent (75%). The fee will include participation in the Masters'Program, Lap Swimming, Recreational Swimming and Water Aerobics.
I2.8 CITY PROPERTY:
Desks, file cabinets, lockers, computers, tools and other equipment are property of the City and must be maintained in good condition in accordance with the City's policies, rules and regulations.
They must be kept clean and are to be used only for work-related purposes. lf the City property is lost, or damaged, report it to your supervisor at once. No property may be removed from the premises without the prior authorization of your supervisor.
In order to ensure compliance with this provision and with the City's policies, rules and regulations, the City reserves the right to inspect all City property, without notice to the employee and/or in the employee's absence.
For security reasons, personal belongings of value should not be left in the workplace. The City is not responsible for lost or stolen personal belongings.
Conditions of Employment for
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July 1, 2023 to June 30,2024
Page29
Employees should take reasonable steps to protect City property from theft. Employees should immediately inform management if theft of City property is suspected. However, employees should not attempt to stop the theft of City property if doing so poses any risk whatsoever of endangering the safety of the employee or others.
Immediately upon termination of employment, all property of the City (keys, tools, manuals, etc.) must be returned to the City. All personal items should be removed at the time terminated employees leave the premises of the City. Unless otherwise agreed to in writing, if a terminated employee leaves personal items atthe workplace, these items are subject to disposal if notremoved within five (5) days of the date of the employee's termination.
I2.9 CELL USE PHONE POLICY:
The City may provide certain employees with cellular phones that are to be used only for official City business. The City recognizes that employees may need to use their personal cell phone during working hours due to particular family or personal situations. Employees should limit the use of personal cell phones during working hours, to reasonably necessary communications, and use of a personal cell phone should not interfere with City operations or the performance of job duties. If an employee abuses the use of personal cell phone during working hours, at the City Manager, at his discretion, may require that the employee not use personal cell phones during working hours.
In compliance with California Motor Vehicle Code 23123, employees are not to dial any cell phone while driving, except to call a public safety agency. Employees may not receive incoming calls while driving unless the cell phone can be safely operated in a hands free mode. For employees with hands free cell phone operation, in the event an employee receives an incoming call while driving, the employee should either safely pull off the road to converse, inform the caller that he or she will return the call, or ask the caller to call again to allow the employee to reach a place where it is safe to use the phone. While driving, employees are prohibited from using any cell phone to text message, read or send e-mail, or any similar operations. While driving, employees are also prohibited from engaging in any activity or conduct that would constitute distracted driving or otherwise constitute an unsafe driving practice.
I2.IO FITNESS FOR DUTY EXAMINATION:
Whenever the City Manager, or the Human Resources/Risk Manager, believes that an employee is unable to perform the essential functions of their job safely due to illness or injury, or is unable to perform the essential functions of their job safely or without posing a danger to themselves or others, the City may require the employee to submit to an independent medical examination at the City's expense. Such medical examination will be limited to the issues or areas of concern regarding the employee's ability to perform the essential functions of their job. lf, after the independent medical examination, the City determines that the employee cannot perform the essential functions oftheirjob, or cannot perform such essential functions safely or without posing a danger to himself/herself or others, the employee will be given the opportunity to provide the results of a separate medical evaluation by a qualified health care provider selected by the employee, within fifteen (15) days of the employee's receipt of a medical evaluation from the City.
Conditions of Employment for
Management Personnel
July l, 2023 to lune 30, 2024
In the event of a difference of opinion between the City's and the employee's health care providers, the City may require a third opinion, at the City's expense, performed by a mutually agreeable health care provider who will make a final determination.
I2.II REASONABLE ACCOMODATION:
The City of Carpinteria is committed to ensuring equal employment opportunities for disabled applicants and employees. It is the policy of the City of Carpinteria to comply with the Federal Americans with Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("FEHA"). Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. The City of Carpinteria will not discriminate against disabled employees. The City of Carpinteria provides reasonable employment-related reasonable accommodation(s) to permit an applicant or employee to perform the essential functions of the job, as defined by law, to qualified individuals with disabilities, and will engage in the interactive process within the meaning of the ADA and FEHA.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
APPENDIX A
City of Carpinteria
Policy on Public Employee Personal Use of
Telecommunicution Equipment, Electronic Mail, VoiceMail and other computer systems
PURPOSE
City-owned telecommunication equipment, computer hardware and software is intended to be used for business purposes. Electronic mail, known commonly as e-mail, is now a primary vehicle for communication in the workplace. As the use of e-mail increases, the need for a clear and comprehensive City's policy on personal use of City equipment becomes important to clarifu the rights and obligations of employees and as a protection from potential liability for employers.
POLICY
The City maintains and utilizes as part of its operations a computer system, including e-mail, and a voice-mail system. These systems are provided to assist employees in the conduct ofthe City' s business. All computers to the data stored on them, including e-mail, messagss composed as well as all voice-mail are and remain at all times the property of the City. All remain the property of the City. Employees are prohibited from installing or downloading software onto the City's computer system except with the prior authorization of the Administrative Services Director.
Employees should attempt to limit voice-mail and e-mail messages to the conduct of the City's business. Use of the voice-mail and e-mail systems for the conduct of personal business is discouraged. The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct ofpersonal business when deemed appropriate. Other use of computer systems, including use of the Internet and other telecommunicating capabilities, should be limited to the conduct of the City's business unless prior written approval is received from the employee's supervisor.
Except for the right of the City to access data stored on the computer system, including e-mail messages, and to access voice-mail messages as described in this policy, all data stored on the computer system and all messages sent by voice-mail and e-mail are considered to be confidential, and as such are to be accessed only by the employee storing the data, the addressed recipient or at the direction of the addressed recipient. Any exception to this policy must be approved by the Administrative Services Director.
The City reserves the right to retrieve and read any data stored on the computer system and any message composed, created, sent or received on the voice-mail and e-mail systems, as well as Internet usage data, at any time, with or without advance notice to the employee. Although the computer system, including e-mail, and the voice-mail system may accommodate the use of passwords for security, the reliability of passwords for maintaining confidentiality cannot be guaranteed. All passwords must be made known to the City, and passwords not known to the City Conditions of Employment for
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July l, 2023 to June 30, 2024
Page32
may not be used. This is due to the need to access employees'computer systems, including e-mail, and voice-mail systems in the event that an employee is absent or when otherwise deemed appropriate by the City. Employees must therefore assume that any and all voice-mail and e-mail messages and all data stored on the computer system may be read by someone other than the employee storing the data or the intended or designated recipient, and understand the ultimate privacy of data stored on the computer system, including e-mail, and voice-mail messages, cannot be guaranteed to anyone.
The City's policy against unlawful harassment, including sexual harassment, and the City's antidiscrimination policy apply to employees' use of voice-mail, e-mail messages and screen savers as well as any other information transmitted over the City's computer system. Employees should not use any means of electronic communications in a manner that would violate those policies. For example, employees may not communicate messages by computer, voice-mail or other electronic means that would constitute sexual harassment, may not use sexually suggestive screen savers, and may not receive or transmit pornographic, obscene or sexually offensive material or information.
As a further example, employees may not use electronic communications to transmit comments or images which are reasonably likely to offend someone on account of his/her age, sex, sexual orientation, race, religious beiiefs, nationai origin, disability, or any of the other factors included in the Equal Employment Opportunity section of this Handbook. Any employee who uses any electronic communications device in a manner which violates this policy will be subject to disciplinary action, up to and including termination of employment.
DIGITAL DEVICES
Employees may not use any personal e-mail account or any digital or electronic device not owned by the City, including but not limited to any laptop computer, desktop computer, tablet computer, cellular telephone, personal digital assistant, or any other device capable of storing electronic information ("Digital Device") for City business without the City's prior written approval. Digital devices used by employees for City business may be subject to inspection to obtain City-related communications if requested under the Public Records Act.
APPLICATION
This policy applies to all employees with the City of Carpinterra.
The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate.
EMPLOYEE RESPONSIBILITY
, Employees will be required to acknowledge that they have read, understand and will abide by the agency's technology policy. Violation of the policy may result in discipline, up to and including dismissal.
. To the extent that, under some circumstance, an employee is allowed to use e-mail for personal purposes the employee does so at his or her own risk. Employees should be Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
aware that deletion of a message or file may not fully eliminate the message from the system.
. Employees learning of any misuse of the voice-mail, e-mail or other computer system or violations of this policy shall immediately notiff the City Manager or his/her designee.
MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Management and supervisors are responsible for reasonable enforcement of this policy. Any email information or messages revealed or disclosed under this policy are considered to be of a confidential nature.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30,2024
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APPENDIX B
SUBSTANCE ABUSE POLICY
This policy sets forth the rights and obligations of City employees. Employees should familiarize themselves with the provisions of this policy because compliance with this policy is a condition of employmenl.
I. PURPOSE
The City of Carpinteria, in its efforts to provide a drug and alcohol free environment, has adopted this Drug and Alcohol Free Workplace Policy. It is the purpose of this policy to eliminate alcohol and drug abuse by City Employees and its effects in the workplace. The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the efficiency of City operations. It is the intent of the City, in adopting this policy, to meet tlre requirement oithe Drug Free Workpiace Act of i988 (41 U.S.C. Section 701-707).
II. POLICY
In recognitions of the duties entrusted to the employees of the City of Carpinteria and with knowledge that drugs and alcohol hinder a person's ability to perform job related duties safely and effectively, the City of Carpinteria adopts the following policy:
1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
prior to coming to work, so that the employee's performance is impaired.
The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled, under federal law.
The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems (as well as for a variety of other personal problems). Employees may seek conhdential assistance from the EAP counselor.
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Conditions of Employment for
Management Personnel
July 1,2023 to June3O,2024
III. APPLICATION
This policy applies to all full time, part time and temporary employees, and to all applicants for positions with the City. This policy applies to alcohol and all substances, drugs or medications, legal or illegal, which impairs an employee's ability to effectively and safely perform his/her job duties.
A copy of this policy will be provided to all City employees.
A drug-free awareness program will be established to inform employees of the dangers and penalties of drug use in the workplace and of available counseling, rehabilitation and employee assistance programs.
Violations of the policy may result in disciplinary action being taken, up to and including termination.
IV. DEFINITIONS
For the purposes of this policy
"Illegal drugs" means any drug or controlled substance that is not legally obtainable or is legally obtainable but has not been legally obtained. Consistent with federal law, marijuana is considered an illegal drug, and consistent with the Federal DrugFree Workplace Act of 1988 and the California Drug-Free Workplace Act, the restrictions related to illegal drugs under this Policy also apply to marijuana.
A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources.
B. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:
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4 A
I The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
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b.
c
d. prior to coming to work, so that the employee's performance is impaired.
Conditions of Employment for
Management Personnel
July l, 2023 to June30,2024
2. Reporting for duty or remaining on duty while having an alcohol blood concentration level of 0.08 or greater.
Being on duty or operating a vehicle on duty while possessing alcohol.
Using alcohol while on duty.
Reporting for duty or remaining on duty when the employee used any controlled substances, except of the use is pursuant to the written instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.
6 7
Reporting for duty or remaining on duty if the employee tests positive for controlled substances.
Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in
the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test.
A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:
A refusal to provide a urine sample for a drug test;
An inability to provide a urine sample without a valid medical explanation; A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
Tampering with or affempting to adulterate the urine specimen or collection procedure;
Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable, In most cases the City will provide transportation to and from the collection site.);
Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for post-accident controlled substances and/or alcohol test was not obtained.
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Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
C. USE OF LEGAL DRUGS
The City recognizes that it may be necessary for employees to use legal drugs from time-totime. The City also recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to perform or to perform safely would be compromised. Employee who knows or should know that their use of legal drugs might endanger their own safety or the safety of some other person, or pose a risk of significant damage to City property or the property of others, are obligated to report such use of legal drugs to Human Resources or the City Manager and obtain Human Resources' or the City Manager's consent to continue working. The City roserves the right to have a designated physician determine whether it is advisable for the employee to continue working while taking such drugs. The City further reserves the right to have the employee's physician certifu that when returning from a leave of absence, the employee will not be using any legal drugs which might impair the employee's ability to perform the employee's job duties for the City.
If appropriate, the City may restrict the work activities of an employee who is using legal drugs or require that the employee take a leave of absence while taking such drugs. If the City permits an employee to work while using legal drugs, the employee still cannot report to work in any case if impaired by the use of the drugs if the impairment might endanger the employee's own safety or the safety of anyone else, pose a risk of significant damage to City property or substantially interfere with the employee's job performance or the efficient operation of the City's business. The City may require a medical certificate not medical diagnosis as a precondition to return to work.
D. CIRCUMSTANCE UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.
1. Drug and Alcohol Testing
Applicants receiving a conditional offer of employment for certain designated positions, e.g. lifeguards, swim instructors, swim coaches, shall be subject to a urine and/or blood test for the presence of illegal drugs or alcohol. The City may refuse to employ an applicant whose test results show the presence of illegal drugs or alcohol.
Applicants who are under a physician's care and/or are required to take legal drugs must notifu Human Resources or its designee of that fact in writing before the date of the pre-employment examination. This applies to initial appointment as a classified employee only, and not to promotion within the service.
Conditions of Employment for
Management Personnel
July 1, 2023 to June 30,2024
2. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
a. "Reasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to a combination ofi unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattem of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If the City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
b. Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with Human Resources or the City Manager, and if they are unavailable, the Department Head. Any reasonable suspicion testing must be pre-approved by Human Resources or the City Manager, and if they are unavailable, the Department Head. c. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and Human Resources or the City Manager, and if they are unavailable, the Department Head, has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
d. Interview of Employee: An employee shall not be asked any questions without first being offered the right to have a representative present.
1. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident where reasonable suspicion indicators also exist to support the testing.
Conditions of Employment for
Management Personnel
July 1, 2023 to lune 30, 2024
Alcohol: Post-accident alcohol test shall be administered within two hours following an accident and no test may be administered after eight hours.
Druq: A post-accident drug test shall be conducted within eight (8) hours following the accident.
An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(1) Any individual(s) receives an injury(s) requiring immediate hospital treatment, or (2) There is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.
(3) A DMV Traffic Accident Report is required, i.e. the estimate of damage exceeds $1,000 or the current DMV threshold and either law enforcement or, in the absence of law enforcement, Supervisor makes an on scene determination that the employee is at fault..
4. Return To Duty/Follow-up Testing:
A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.
E. EMPLOYEE RESPONSIBILITIES:
An employee
Must not report to work, or be subjected to scheduled duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use. 2 Must not use, possess, sell, purchase, manufacture, dispense or distribute, transport drugs or alcohol;
a. in the workplace, or while conducting or performing City business, regardless of location, or while operating or responsible for the operation, custody, or care of City equipment or other property;
on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
1 b.
c.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
d. prior to coming to work, so that the employee's performance is impaired Must notifu his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective psrfomance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effective perform assigned duties while using prescribed drug, authoizationform a qualified physician may be required.
Must notifu his/her department head of any criminal drug or alcohol statue conviction, for a violation occurring in the workplace, no later than five (5) days after such conviction.
Who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems. i. Must iiotify- his/her depaitment head of aii aicohoi or ci'iininal drug statuie convictions no later than 5 days after such conviction. Off duty arrests or charges do not need to be reported and will not be used for disciplinary or employment purposes.
8. Must notifu his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfered with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3).
9. Who thinks he/she may an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor.
It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.
F. MANAGERS'ANDSUPERVISORS'RESPONSIBILITIES
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1 Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.
Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP).
When an employee is involved in an accident, or there is reasonable suspicion, managers and supervisor shall prevent the employee from engaging in further work, remove the employee from the workplace, and then take the employee for a drug and/or alcohol test within the timelines outlined in Section D.2 above. 2 a
3 Conditions of Employment for
Management Personnel
July 1, 2023 to June 30, 2024
Managers and supervisors will participate in appropriate training on alcohol and drug abuse evaluation. When based on their direct observation, it is suspected that an employee may have illegal drugs, that manager would perform a written evaluation or request a trained evaluator to complete a written evaluation.
Managers and supervisors are responsible for complying with federal grant money including notif,rcation sanction associated with drug convictions or use of drugs in the workplace (41. U.S.C. Section 707-717).
G. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL
1. Alcohol Testing:
Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. Q.{on-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concsntration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.
The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City of Carpinteria Drug and Alcohol Testing Policy Pursuant To Department of Transportation Regulations (49 CFR 40).
2. Drug Testing:
Drug testing will be considered pursuant to the same requirements as those required by the City of Carpinteria Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR Part 40).
The urine specimen will be split into two (2) bottles labeled as primary" and "split" specimen. Both bottles will be sent to the lab; A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels. If the urinalysis of the primary specimen test positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab at the employee's cost.
The urine sample will be tested forthe following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
5 a.
b.
c
Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
H.
If the test is positive for one or more of the drugs, a confifination test will be performed using gas chromato graphy/mass spectrometry analysis ; All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation f or the positive test result. If documentation is provided and the MRO determines that there was legitimate medical use for the prohibited drug, the tesl result may be reported to the City as 'onegative."
3. Confidentiality:
The confidentiality of records shall be maintained in the same manner as set forth in the City of Carpinteria Drug and Alcohol Testing Policy Pursuant to Department Of Transportation Regulations.
CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:
FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT.
UPON FAILING A REASONABLE SUSPICION AND/OR POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:
1. Will be removed from driving or operating any heavy or dangerous equipment;
2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to including termination.
May be allowed to sign a last chance agreement as an altemative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment. However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses.
The employee may use leave bank hours compensatory time hours or leave without pay while undergoing treatment/rehabilitation.
May not be returned to hisftrer position until the employee submits to a return-to-duty controlled substances and/or alcohol test (depending on which test the employee d.
e.
f.
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4 5
Conditions of Employment for
Management Personnel
July 1, 2023 to June 30,2024
failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances test;
6 May be required to submit to unannounced follow-up testing after he/she has been returned to hisArer safety-sensitive position for a period of one year.
J. EMPLOYEE ASSISTATICE PROGRAM (EAp)
The City has established an Employee Assistance Program to help employees who need assistance with alcohol and controlled substance abuse. Employees are encouraged to contact the Human Resources/Risk Manager for the number of the current EAP provider.
Conditions of Employment tbr
Management Personnel
July l, 2023 to June 30, 2024
APPENDIX C
CITY OF CARPINTERIA
PROHIBITION OF
HARASSMENT, DISCRIMINATION AND RETALIATION
POLICY
A. PURPOSE
It is the City's intent and the purpose of this Policy to provide all employees, officers and officials, applicants, interns, volunteers and contractors with an environment that is free from any form of unlawful harassment, discrimination or retaliation as defined in this Policy and as provided under federal and state law. This Policy prohibits unlawful harassment or discrimination on the basis of any of the following protected classifications: an individual's race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, military and veteran status, veteran status, marital status, age for individuals over forty years of age, medical condition, physical or mental disability (whether perceived or actual), genetic information, and any other factor made unlawful by federal, state, or local law.
It is also the policy of the City to provide a procedure for investigating and addressing complaints of alleged harassment, discrimination and retaliation in violation of this Policy. The protection from harassment and discrimination includes protection from retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy.
B. POLICY
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of aviolation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, contact a manager, department head, or the Human Resources/Risk Manager, and, if applicable, do not engage in the conduct and seek guidance from a manager, department head or the Human Resources/Risk Manager.
C. DEFINITIONS
a. Protected Classifications:
This Policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, military status, veteran status, marital status, age, medical condition and physical or mental disability (whether perceived or actual).
Conditions of Employment for
Management Personnel
July 1,2023 to lune30,2024
b. Policy Coverage:
This Policy prohibits City officials, officers, employees, intems and contractors from harassing or discriminating against applicants, officers, officials, employees, interns and contractors because:
(1) of an individual's Protected Classification, (2) of 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. Third parties such as visitors to City Hall are also prohibited from engaging such harassment or discrimination. Any such alleged harassment or discrimination should be reported immediately as provided in this Policy. c. Discrimination:
This Policy prohibits treating individuals differently or otherwise discriminating against an individual because of the individual's Protected Classification as defined by this Policy. d. Harassment:
By definition, harassment based on an individual's protected classification as defined by this policy, including sexual harassment, is not within the course and scope of an individual's employment with the City. Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or interferes with work perforrnance.
Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee's work performance 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, or cartoons regarding an employee's Protected Classification. The following are some examples of behavior that can constitute harassment:
^. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identi$ a person on the basis of his or her Protected Classification. Verbal harassment may include comments on appearance and stories that tend to disparage those of a Protected Classifi cation.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a Protected Classification.
c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job related threats in return for submission to physical acts, mimicking, taunting, or any physical interference with normal work or movement.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
d. Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, unwelcome sexual advances, or verbal or physical conduct of a sexual nature (like name calling, suggestive comments, or lewd talk).
e. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There can be an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. To avoid possible claims of sexual harassment, if a supervisor or manager intends to enter into a romantic or sexual relationship with a subordinate employee, the supervisor or manager must inform the Human Resources/Risk Manager so that appropriate steps can be taken to minimize the risk of possible claims of sexual harassment.
D. RETALIATION
Retaliation against an employee who reports or provides information in good faith about harassment or discrimination is strictly prohibited, as is retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy. Any act of retaliation violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: (1) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.
Before a supervisor or manager attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring the complainant to another position or location, the supervisor or manager should contact the Human Resources/Risk Manager.
E. REPORTING HARASSMENT. DISCRIMINATION OR RETALIATION
An applicant, employee, officer, official, intern, volunteer or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.
All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.
1. Object to the Conduct
Conditions of Employment for
Management Personnel
July 1, 2023 to June 30,2024
Sometimes an individual is unaware that hisiher conduct violates this Policy. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately.
A person who believes he/she is being harassed is encouraged, but is not required to use this process. When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 or 3 below.
2. Oral Report
If a person who believes that this Policy has been violated does not want to first speak with the offending person, he/she should report the conduct to a supervisor, any City management employee, or the Human Resources Manager. Any supervisory or management employee who receives such a report must in turn direct it to the Human Resources/Risk Manager. The Human Resources/Risk Manager will determine what level of investigation and response is necessary.
3. Written Process
An individual who believes this Policy has been violated and does not feel comfortable using the process outlined above may provide a written complaint to a supervisor, or any management employee who in turn must direct the complaint to the Human Resources/Risk Manager, or to the Human Resources/Risk Manager directly. Individuals are encouraged to use the Confidential Complaint Form for this pulpose, a copy of which is attached to this Policy.
F. CITY'S RE,SPONSE TO COMPI,AINT OF HARASSMENT. DISCRIMINATION OR
RETALIATION
1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources/Risk Manager will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources/Risk Manager may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Human Resources/Risk Manager. The Human Resources/Risk Manager will report the status of investigations to the City Manager as appropriate.
The Human Resources/Risk Manager, in concuffence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, ro interim action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change or the Human Resources/Risk Manager determines that doing so is appropriate under the circumstances.
Conditions of Employment tbr
Management Personnel
July l, 2023 to June30,2024
The City attempts to take a proactive approach to potential Policy violations and may conduct an investigation regarding possible harassment, discrimination or retaliation in appropriate circumstances, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.
At the conclusion of the investigation, if it is determined that the alleged conduct did not occur or that this Policy was not violated, the Human Resources/Risk Manager will notiff the complainant and the alleged perpetrator, if appropriate, of the general conclusion(s) of the investigation and whether any further action is warranted.
2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred or that the conduct otherwise violated this Policy, the City will noti$ the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to discipline the perpetrator and deter future violations of this Policy. Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination.
Disciplinary action may also be taken against any official, supervisor or manager who condones or fails to report potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy.
Any official contractor or other non-City employee found to have violated this Policy will be subject to appropriate sanctions.
3. Confidentiality
Every reasonable 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 potential Policy violations and take effective remedial action.
G RESPONSIBILITIES OF YEES. MANAGEMENT AND
SUPERVISORY EMPLOYEES
1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
. Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. When appropriate, tell the individual you did not realize your behavior was offensive, and immediately cease the conduct.
Conditions of Employment for
Management Pbrsonnel
July l, 2023 to June 30,2024
' Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive. . Report harassment, discrimination or retaliation as quickly as possible, whether the reporting employee is the target of the conduct or a witness. . If an employee witness's harassment, he or she should report it to a supervisor, manager or the Human Resources Manager, and may tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior or report is under this Policy.
Fully cooperate with the City's investigation of complaints made under this Policy.
2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Human Resources Administrator.
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a
. Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention.
No department director, manager, supervisor or other employee may retaliate through any action of intimidation, restraint, coercion or discrimination. . Monitoring the work environment and taking appropriate action to stop potential Policy violations.
, When appropriate, follow up with those who have complained to ensure the behavior complained of has ceased.
H. Option to Report to Outside Administrative Agencies
Sexual harassment and retaliation for opposing sexual harassment or participating in investigations of sexual harassment are illegal. In addition to notifuing the Company about harassment or retaliation complaints, affected employees may also direct their complaints to the California Department of Fair Employment and Housing (DFEH), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one (1) year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may seek an administrative hearing before the California Fair Employment and Housing Council (FEHC) or file a lawsuit in court. Both the FEHC and the Conditions of Employment for
Management Personnel
July l, 2023 ta lune30,2024
courts have the authority to award monetary and non-monetary relief in meritorious cases. You can contact the nearest DFEH office or the FEHC at the locations listed in the Crty's DFEH poster or by checking the state government listings in the local telephone directory.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30, 2024
APPENDIX D RETURN TO WORK POLICY
Purpose
The purpose of this policy is to establish guidelines that the City may follow, should an employee have an extended absence due to illness or injury.
The City strives to assist employees to return to work at the earliest possible date following an i.tjury or illness. However, this policy is not intended to supersede or modifi the procedures applicable to employees eligible for reasonable accommodation or covered under leave provisions under the terms of this MOU or federal or state law.
The City cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position.
Inquiries about the reasonable accommodation for disabilities or employee leave rights should be directed to the Human Resources Department (HR).
Transitional Work
The City defines "transitional work" as temporary, light duty and/or modified work assignments within the employee's physical abilities, knowledge and skills.
When possible, in the discretion of the City, transitional positions will be made available to injured workers to minimize or eliminate time lost from work.
The policy only applies to regular full- and part-time employees who are on leave as a result of injury or illness.
Inthe event an employee refuses transitional work (outside the qualified employee's FMLA/CFRA benehts period) and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. In such cases, the City will notifr the insurance carrier of the employee's refusal of the transitional work.
Procedures
To obtain a transitional assignment the employee must provide a statement from the employee's treating health care professional containing the following information:
a) That treating health care professional has reviewed the employee's job description;
b) That the employee cannot perform all of the essential functions of her/his job, identifring which essential functions cannot be performed; Conditions of Employment for
Management Personnel
July 1, 2023 to June 30, 2024
c) When the employee will be able to resume performing all essential functions of her/his job, with or without accommodation, and if accommodation will be required, the nature of that accommodation;
d) lf the treating health care practitioner cannot determine when the employee will be able to resume performing all essential functions of her/his job, when the employee will next be evaluated for that purpose;
e) In addition, all other work limitations, such as restrictions on lifting, standing, sitting, walking, hours that can be worked and the like, so that the nature of possible transitional employment can be evaluated, and how long each ofthose limitations will be in place; and
0 Any other limitation of the employee's ability to perform work for the City in a transitional position
If the treating health care provider provides the above information to the satisfaction of the City, and releases the employee to return to work on modified duty the City will review the information to determine if a transitional oosition for the employee is appropriate and transitional work falls within City business needs. Transitional positions are developed based on the physical capability of the worker, the business needs of the City and the availability of transitional work. The City will determine appropriate work hours, shifts, duration and locations of all work assignments. The City reserves the right in its sole discretion to determine the availability, appropriateness and continuation of all transitional work assignments. The assignment to a transitional position cannot exceed 6 months.
If the employee is offered a transitional position, a transitional position job description, including physical requirements, will be prepared for review and approval by the treating health care provider. Once approved, the employee will be provided a letter noting the treating health care provider's approval and the start date, hours, wage, duration and location of the transitional work assignment. The employee will be asked to sign the letter indicating his or her acceptance or refusal of the transitional work job offer and to return the letter to HR.
Any employee returning to a transitional position must not exceed the duties of the position or go beyond the doctor's restrictions. If any medical restrictions change, the employee must immediately notifu his or her supervisor and provide the supervisor a copy of the new medical release. If, in the judgment of the City, the employee is unable to satisfactorily perform the duties of the transitional position, the City may end the employee's transitional work assignment. The City will keep its insurance carriers apprised of relevant information related to the provisions of this section and its application to employees.
Adopt Resolution Nos. 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2023
THIS PAGE INTENTIONALLY LEFT BLANK
Adopt Resolution Nos. 6263 and 6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2023
ATTACHMENT D
Red line Gonditions of Employment for Management Personnel Conditions of Employment for
Management Personnel
July l, 2023 to J:une30,2024
Page I
CITY OF CARPINTERIA
CONDITIONS OF EMPLOYMENT
FOR MANAGEMENT PERSONNEL
EFFECTIVE J{JJ#trJpi'f3JULY I,2023
TABLE OF CONTENTS
SECTION NUMBER PAGE NUMBER
CLASSIFICATION
WORK SCHEDULE
COMPENSATION AND 8ENEFITS............
LEAVE REGULATIONS
LEGAL HOLIDAYS .....
WORKERS' COMPENSATION INSURANCE ..
RETIREMENT PROGRAM....
SECTIONS HEALTIVDENTAL BENEFITS FLEXIBLE BENEFIT PROGRAM SERVICE AWARDS .....
LIFE INSURANCE........
EDUCATION/TRAINING AND PROFESSIONAL DEVELOPMENT
MISCELLANEOUS POLICIES .....
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION IO
SECTION 11
SECTION 12
2 J
5 8
2t
22 23
23 27
27 27
28 APPENDIX A PERSONAL USE OF ELECOMMI.INICATION EQUIPMENT, ELECTRONIC MAIL, VOICE.MAIL ANDOTHER COMPUTER SYSTEMS ............33
APPENDIX B SUBSTANCE ABUSE POLICY.......... ..............36 APPENDIX C HARASSMENT, DISCRIMINATION AND RETALIATION.. 46 APPENDIX D RETURN TO WORK.. .......53
Conditions of Employment for
Management Personnel
July l, 2023 to June30,2024
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Conditions of Employment for
Management Personnel
July 1, 2023 to June 30, 2024
1.1 EMPLOYER/EMPLOYEE RELATIONSHIP:
An employee in this classification is classified as a salaried, at-will employee and not hired for any specified term. Accordingly, the employee is free to resign from their position at any time, with or without cause, upon oral or written notice to the City Manager and, similarly, the City may end its employment relationship with the employee or change their status (i.e., modiff the position, implement a demotion, adjust wages, etc.) at any time, with or without cause, upon oral or written notice to the employee. None of the provisions ofthe Conditions of Employment for Management Personnel are intended to modiS'this employment relationship.
1.2 PERSONNEL RULES:
Employees serving in Management, Mid-management, Supervisory and Professional positions are exempt from the City's Personnel Rules. They are "at-will" employees, serving at the pleasure of the City Manager. By the executive, administrative and/or technical nature of their positions, they have been determined to be exempt from the overtime requirements of the Federal Fair Labor Standards Act.
SECTION 2 WORK SCHEDULE
2.I REPORTING:
Management Employees are classified as salaried employees. All employees for the City of Carpinteria are required to report hours worked on a daily time sheet; however, as salary-status employees, tracking of hours for this category of employees is for internal use only and does not affect the salary of exempt employees.
2.2 FLEXTIME SCHEDULING:
While Management Employees are required to work the hours necessary to perform the job duties and responsibilities, employees may have the option to participate in an alternate 9/80 work schedule based on a flexible 9 dayl8O hour pay period (eight 9-hour days and one 8-hour day) for general work scheduling purposes. Each employee electing to participate in flextime scheduling must select a Monday or Friday as their designated flex day off, the alternate Monday or Friday will be their 8-hour day. The daily work schedule will begin at7:30 a.m. and end at 5:30 p.m.
The flexible work schedule and flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager. Management Employees may be required or find it necessary to work additional hours outside their flexible schedule. For scheduling pu{poses, any change from the established flex day, must be approved in advance by the City Manager.
Conditions of Employment for
Management Personnel
July 1, 2023 to June 30, 2024
The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffing needs to ensure that the public is being appropriately served.
Continuation of such schedules shall be subject to review and approval of the City Manager.
The City Manager reserves the right to remove any (or all) employees from flexible work schedules. To the extent possible, two weeks advance written notice will be provided to the employee. An employee shall not be removed from a flexible work schedule for arbitrary or capricious reasons.
2.3 FLEXIBLE HOURS:
Compensatory hours will not be granted for hours worked in excess of regularly scheduled hours for this category of employees, however, Management Employees, although exempt from the overtime requirements of FLSA, may accrue flex hours for hours worked beyond their regularly scheduled work day.
Hours worked in excess of a regularly scheduled work day, i.e., eight 9- hour days and one 8- hour day in a pay period for Management Employees on a 9/80 flex schedule, will be recorded on a computerized time sheet as accrued flex hours. For Management Employees on a 10/80 schedule, hours worked in excess of an 8-hour day will be recorded as "hours accrued". Flex hours accrued do not have a cash-out value, and Management Employees will not receive compensation for unused accrued flex hours at the time of separation from employment.
2.4 ABSENCES:
Management Employees may use accrued flex hours instead of their accrued leave back for absences of less than a full day, if the employee has worked a minimum of two hours and has approval of the City Manager to be absent.
2.5 LEAVE:
Any absence of one day or more, for other than City business, will be appropriately recorded and deducted from the employee's leave bank or accrued flex flextime hours. With prior approval from the City Manager, in addition to a regularly scheduled flex day, a management employee participating in the 9/80 alternate flextime scheduling may take one additional flex day off within a given pay period if there are sufficient accrued flex hours to cover the time.
2.6 CARRY OVER OF FLEXTIME HOURS:
A maximum of forty (40) flextime hours may be carried forward from one fiscal year to the next.
Effective the first full pay period in July, adjustments on accrued flex hours will be made. Anything less than forty (40) hours and negative balances will be carried forward as they appear on the last full pay period in June.
Conditions of Employment for
Management Personnel
July l, 2023 to June 30,2024
SECTION 3 COMPENSATION AND BENEFITS
3.1 PAY STATUS:
A Management Employee is considered to be in pay status and eligible for benehts under any of the following circumstances :
(1) While working regular hours
(2) While on authorized Leave Bank hours
(3) While on authorized Injured on Duty (IOD) status (4) While on authorized jury duty (5) While on flex hours The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four (4) months when it is deemed appropriate or is otherwise required by law.
3.2 METHOD OF PAYMENT:
Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursda) afternoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to insure that individual pay checks are available with a minimum of delay.
Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employee's checking or savings account.
3.3 BASE WAGE ADJUSTMENT:
A. Effective the first full pay period after July 1, the Management Personnel Empl.,ayeesliste*in @, may be eligible to shall have their base wages adjusted pursuant to the results of an annual performance-based employee evaluation. The evaluation format shall be determined bv the Citv Manager or their designee
ies+
----tlnaeeep+agle
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and will 12-
evaluation on their one-year anniversary from date of hire or promotion and ma)'receive a base rvaoe ndirrstmenf nrrrqrrnnf fn fhe resrrlts of the evaluation and within the nnsifinn cqlqrrr rltrc'e of the classification. Thereafter- an emnlovee be moved to a July 1 annual Performance Conditions of Employment for
Management Personnel
July 1, 2023 to June30,2024
followine table
if
*If emnlovment or nromotion date is on or the 15th of the monfh- the followins month's
EMPLOYMENT
OR PROMOTION DATE*
1St YEAR PRO-RATION
OF ELIGIBLE INCREASE
July 100.00%
August 9r.67%
September
October
88.33%
75.00%
November 66.67%
December s0.00%
January 58.33%
February 41.67%
March 33.33%
April 2s.00%
May t6.67%
June 8.33%
proration amount shall be applied.
C. The result of the Performance Rating shall be used by the City Manager to determine the appropriate range of increase to the base wage as illustrated in the Merit Increase Matrix. The exact increase within the range provided for in the Matrix shall be determined by the City Manager.
MERIT INCRE,ASE MATRIX
Rating
84.2t05%
to
94.7368%
94.7369%
to
ros.2632%
705.2633%
to
L1-5.7895%
4.5 and Above 8.0000% 7.OOOO% 6.0000%
4.4 7.5OOOo/o 6.5000% 5.s000%
4.2 7.0000% 6.OOOO% s.0000%
4.0 6.s000% 5.s000% 4.5OOOo/o
3.8 6.0000% s.0000% 4.OOOO%
3.6 5.s000% 4.5000% 3.5000%
3.4 s.0000% 4.OOO0% 3.0000%
3.2 4.5000% 3.5000% 2.5000%
Conditions of Employment for
Management Personnel
July 1,2023 to June30,2024
PageT
3.0 D. All wage increases are subject to availability of funds as authorized by City Council. Should
3.4 DEFERREDCOMPENSATIONPROGRAM:
A deferred compensation plan will be available to Management Employees with participation on a voluntary basis.
3.5 STATE DISABILITY INSURANCE:
The City participates in the State Disability Insurance Program to provide coverage for nonindustrial injuries. As a benefit, the City reimburses Management Employees in this classification for payroll deductions made on base salary for State Disability Insurance.
Less than 3.0 0.0000% 0.0000% 0.0000%
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Adopt Resolution Nos. 6263 and6264, amending the Conditions of Employment for both Miscellaneous Unrepresented Employees and Management Personnel
July 24,2Q23
THIS PAGE INTENTIONALLY LEFT BLANK
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 24, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Ordinance No. 768 and Resolution No. 6262 concerning:
a. Amending Municipal Code Chapter 2.20.070 Public Works Department and Chapter 2.20.080 Parks, Recreation, and Public Facilities Departments, to reflect the reorganization; and,
b. Revising the Public Works Director position description to account for the added responsibilities.
STAFF RECOMMENDATION
1. Approve first reading of Ordinance No. 768, amending Carpinteria Municipal Code Section 2.20 as follows:
a. Section 2.20.070: Retitle the Street Maintenance division to Maintenance; retitle Street Maintenance and Right-of-Way Maintenance programs to Street and Right-of-Way Maintenance; establish the Fleet Maintenance program; and establish the Parks and Facilities Maintenance program. b. Section 2.20.080: Retitle Parks, Recreation, and Public Facilities department and Parks Division to Parks, Recreation, and Community Services department.
2. Adopt Resolution No. 6262, thereby updating the job duties of the Public Works Director position description to update language and positions supervised.
Sample Motion: I move to:
1. Approve Ordinance No. 768, on first reading, and
2. Adopt Resolution No. 6262 as read by title only.
(This motion requires reading of ordinance title and a roll call vote.)
BACKGROUND
On June 5, 2023, the City Council adopted Resolution No. 6250, approving the title and job description change of Parks, Recreation, and Public Facilities Director to Parks, Adoption of Ordinance No. 768 and Resolution No. 6262
July 24, 2023
Recreation, and Community Services Director. The changes also resulted in a reorganization of functions between the Public Works Department and Parks, Recreation, and Public Facilities Department, respectively. Staff was directed to return with an amendment to Carpinteria Municipal Code Chapter 2.20 (City Departments) and revise the job description of the Public Works Director position to reflect such changes.
The purpose of this agenda matter is to allow the City Council the opportunity to take the actions related to the City Manager's recommendations concerning the organizational and job description changes described.
DISCUSSION
Ordinance No. 768
Pursuant to Carpinteria Municipal Code Section 2.08.110 (Powers and duties designated), the City Manager, in part, makes recommendations to the City Council concerning any reorganization of offices, positions, departments or units as necessary to further the interest of efficient, effective, and economical conduct of City business.
With the forthcoming retirement of the Parks, Recreation, and Community Services Director (formerly titled as Parks, Recreation, and Public Facilities Director), staff conducted an assessment of the functions pertaining to the programs and divisions within the Parks, Recreation, and Community Services Department.
Staff recommends for Carpinteria Municipal Code Chapter 2.20 (City Departments) to be amended as follows:
2.20.070 Public works department
Divisions:
Engineering.
Programs: Department administration;
Capital improvements;
Transportation, parking, and lighting.
Sustainability and Environment.
Programs: Resource Conservation;
Solid Waste Management;
Watershed Management.
Street Maintenance.
Programs: Street and right-of-way maintenance;
Adoption of Ordinance No. 768 and Resolution No. 6262
July 24, 2023
Right of way maintenance.
Fleet maintenance;
Parks and facilities maintenance.
SECTION 4. CMC 2.20.080, Parks and recreation department, is amended to read as follows:
2.20.080 Parks, recreation, and public facilities community services department Divisions:
Parks & public facilities.
Programs: Department administration;
Parks and facilities improvement and maintenance;
Recreation.
Programs: Community pool services;
Ocean beach services;
Special events.
Municipal Library.
Programs: Collection; learning; community programs and events.
The proposed Ordinance No. 768, as shown as Attachment A, shows such amendments.
Resolution No. 6262
The proposed Resolution No. 6262, as shown as Attachment B, updates the job description of the Public Works Director. By transferring parks and facilities maintenance to the Public Works Department under the direction of a single department head, the maintenance functions including job training, safety meetings, and other related activities can be more easily coordinated as well as maximizing cross-training opportunities in order to strengthen the City's ability to prepare for and respond to service requests and emergency incidents. The proposed updates do not include a change to salary and/or benefits. Therefore, there is no financial impact to the City's budget. The annotated job description is shown as Attachment C.
POLICY CONSISTENCY
City Manager recommendations are consistent with the approved Annual Work Plan and priorities set by City Council, including several current, forming, and future programs, as well as recruitment and retention goals. In addition, City Manager Adoption of Ordinance No. 768 and Resolution No. 6262
July 24, 2023
Page4
recommendations are consistent to the City's mission to provide services consistent with community needs and to make judicious use of City resources to promote the highest possible quality of life for all Carpinteria residents.
FINANCIAL CONSIDERATIONS
There is no financial impact in approving Ordinance No. 768 and Resolution No. 6262.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Pursuant to Carpinteria Municipal Code Section 2.08.110, the reorganization of offices, positions, departments, or units may be recommended by the City Manager and approved by City Council.
OPTIONS
A. Approve Ordinance No. 768 (first reading) and adopt Resolution No. 6262. (Staff recommendation)
B. Decline approval of Ordinance No. 768 (first reading) nor adopt Resolution No. 6262 and provide direction to staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
None.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Ordinance No. 768
Resolution No. 6262
Public Works Director Position Job Description (annotated) Staff contact:
Michael Ramirez, Assistant City Manager
(805) 755-4450; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
ATTACHMENT A
Ordinance No. 768
THIS PAGE INTENTIONALLY LEFT BLANK
ORDINANCE NO 768.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 2.20, CITY
DEPARTMENTS, CONCERNING THE RETITLING AND
REORGANIZATION OF CERTAIN DEPARTMENTS, DIVISIONS AND
PROGRAMS.
WHEREAS, Carpinteria Municipal Code Chapter 2.20 establishes Departments and divisions of the City for carrying out programs under the direction and supervision of the City Manager; and
WHEREAS, the City Manager is recommending changes to certain titles, divisions, and programs in order to support the effective and efficient delivery of necessary and desired programs to the Carpinteria community via the City organization; and
WHEREAS, the City Council has considered the recommendations of the City Manager at a duly noticed public meeting.
THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.
SECTION 2. CMC 2.20.020, Departments created and designated, section E, is amended to read as follows:
E. Parks, recreation, and community services.
SECTION 3. CMC 2.20.070, Public works department, is amended to read as follows:
2.20.070 Public works department
Divisions:
Engineering.
Programs: Department administration;
Ordinance No. 768
Capital improvements;
Transportation, parking, and lighting.
Sustainability and Environment.
Programs: Resource Conservation;
Solid Waste Management;
Watershed Management.
Maintenance.
Programs: Street maintenance;
Fleet maintenance;
Parks and facilities maintenance.
SECTION 4. CMC 2.20.080, Parks and recreation department, is amended to read as follows:
2.20.080 Parks, recreation, and community services
Divisions: Parks
Programs: Department administration;
Parks.
Recreation.
Programs: Community pool services;
Ocean beach services;
Special events.
Municipal Library.
Programs: Collection; learning; community programs and events.
Ordinance No. 768
SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect and be in force and effect thirty (30) days from and after its passage; and before the expiration of fifteen (15) days of its passage shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria, County of Santa Barbara adoption pursuant to California Government Code section 36937.
SECTION 6: SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 7: CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines §15060(c)(3) (this activity is not a "project" as defined in §15378), and or §15307(actions taken by regulatory agencies for protection of natural resources) and 15308(actions taken by regulatory agencies for protection for the environment).
SECTION 8. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED on July 24, 2023, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
Ordinance No. 768
Page4
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on July 24, 2023.
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
ATTACHMENT B
Resolution No. 6262
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARPINTERIA APPROVING REVISION OF THE
PUBLIC WORKS DIRECTOR JOB DESCRIPTION
WHEREAS, on June 5, 2023, City Council approved the
reclassification of the Parks, Recreation and Public Facilities Director position to Parks, Recreation, and Community Services Director and the proposed reorganization of functions between the Public Works and Parks, Recreation and Public Facilities Departments; and
WHEREAS, as a result of the reclassification and organizational changes, the duties related to parks, and facilities maintenance would transfer to Public Works; and
WHEREAS, the City Manager also wishes to recognize fleet maintenance as a program within the Public Works Department; and WHEREAS, the City Council has received the recommendations of the City Manager and wishes to update language and positions supervised for the Public Works Director job description.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Public Works Director position description is amended to reflect the recommended changes.
SECTION 3. The revised position description attached as Exhibit 1, is approved.
PASSED, APPROVED AND ADOPTED on this 24th day of July,
2023, by the following vote:
AYES:
NOES:
COUNCILMEMBER(S):
COUNCILMEMBER(S):
Resolution No. 6262
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 24, 2023.
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
EXHIBIT 1 TO RESOLUTION NO. 6262
POSITION DESCRIPTION
POSITION TITLE: PUBLIC WORKS DIRECTOR/CITY ENGINEER
DEPARTMENT: Public Works
CLASSIFICATION: Full-time/Exempt APPROVED BY: City Manager
REPORTING RELATIONSHIPS
POSITION REPORTS TO:
POSITIONS SUPERVISED:
CITY MANAGER
Civil/Associate/Assistant Engineer, Engineering Technician, Environmental Program Manager, Management Analyst 1/11, Parks and Facilities Maintenance Supervisor, and Public Works Supervisor
POSITION PURPOSE
Hands-on department head position responsible for directing, planning, organizing, administering, and overseeing the services including operating programs of the Public Works Department; coordinates assigned activities with other City departments and outside agencies; provides responsible and complex administrative support to the City Manager; and serves as the designated City Engineer, City Traffic Engineer, and Floodplain Administrator. The position is a member of the City's management team.
ESSENTIAL FUNCTIONS AND BASIC DUTIES
• Develops the Department's annual work plan in response to the goals established by the City Council. • Assumes full oversight responsibility of the Department including administration, capital improvements, transportation, parking, lighting, maintenance (facilities, fleet, parks, right-of-way, and streets), resource conservation, solid waste, and watershed management programs; and ensures services are provided according to City ordinances, rules, and regulations, and federal and state laws, standards, and codes. • Administers policies, procedures, and standards for programs relating to Department activities; and ensures policies, procedures, and standards are administered equitably. • Develops, plans, and implements Department goals and objectives. • Performs professional civil engineering functions; and oversees and be in responsible charge of the preparation of engineering documents (plans, specifications, estimates, calculations, reports, and studies) in accordance with City ordinances, rules, and regulations, federal and state laws, standards, codes, and industry-accepted practices.
• Manages the capital improvement program including the planning, design, and construction of capital improvement projects; and oversees construction management and inspection activities. • Manages the engineering permit services including the review (engineering plan check) of private development projects and encroachment, transportation, and special event permits; and prepares entitlement conditions of approval; and collaborates with project stakeholders. • Develops and manages budgets of Department operating programs. • Prepares and presents staff reports of a complex nature regarding public works; and leads presentations in community meetings, workshops, and other public outreach events regarding public works. • Advises the City Council, City Manager, and other City personnel regarding matters related to public works; responds to and resolves difficult and sensitive inquiries and concerns from members of the public. • Develops or oversees the preparation and implementation preventative maintenance systems of City infrastructure.
• Recommends the selection of departmental employees; plan, organize and assign work; develop and establish work methods and standards; conduct or direct staff training and development; review and evaluate employee performance; execute disciplinary action. • Represents the Department in relations with the community advisory committees, local, state and federal agencies, and professional organizations.
• Performs related duties and responsibilities as required by the City Manager.
QUALi FiCA TIONS
EDUCATION/CERTIFICATION:
• Equivalent to a Bachelor's degree from an accredited college or university with major course work in engineering, public administration or a related field. • California registration as a Professional Engineer (PE) is desirable. • Education requirements may be met through work experience that provides equivalent knowledge, abilities and technical skills.
• Possession of or ability to obtain an appropriate California driver's license. Must have good driving record.
REQUIRED KNOWLEDGE:
• Operations, services and activities of a municipal public works program. • Modern principles, practices and economics that pertain to management, personnel administration, staffing, supervision; principles related to civil and traffic engineering, streets, parks, public buildings, and capital facilities planning.
• Principles and practices of budget preparation and administration. • Engineering mathematics, theories, principles and formulas used in the design and construction of public works projects.
• Technical, legal and financial requirements involved in the conduct of municipal public works studies, planning and construction; techniques and methods of preparing designs, plans, specifications, estimates, and reports for proposed municipal facilities, including extensive computer skills. • NPDES and ability to create and manage a comprehensive storm water program.
EXPERIENCE REQUIRED:
• Seven years increasingly responsible relevant experience in the public works field, at least three (3) years of which must be in a complex/supervisory capacity with progressively responsible management and administrative responsibility. Related civil and transportation engineering experience desirable.
July 2023 Page 2
• Experience in local government highly preferable.
SKILLS/ABILITIES:
• Plan, organize, direct and/or inspect all public works. • Develop and administer department goals, objectives and procedures. • Negotiate and manage substantial contracts.
• Analyze and assess programs, policies and operational needs and make appropriate adjustments; analyze problems, identify alternative solutions and implement recommendations in support of goals and develop comprehensive plans to satisfy future needs of department service. • Interpret and apply local, State and Federal policies, laws and regulations. • Make effective public presentations; communicate effectively both verbally and in writing; understand and follow verbal and written directions; establish and maintain effective working relationships with those contacted in the course of work.
• Maintain physical condition appropriate to the performance of assigned duties and responsibilities. • Good technical writing skills.
• Strong analytical and problem-solving skills.
• Able to manage and coordinate subordinate personnel
• Basic computer skills (Microsoft Office and engineering software). • Well organized.
PHYSICAL ACTIVITIES AND REQUIREMENTS OF THIS POSITION
FINGER DEXTERITY:
TALKING:
AVERAGE HEARING:
Using primarily just the fingers to make small movements such as typing, picking up small objects, or pinching fingers together.
Especially where one must frequently convey detailed or important instructions or ideas accurately, loudly, or quickly.
Able to hear average or normal conversations and receive ordinary information.
AVERAGE VISUAL ABILITIES:Average, ordinary, visual acuity necessary to prepare or inspect documents or products, or operate machinery.
PHYSICAL STRENGTH:
WORKING CONDITIONS:
REASONING ABILITY:
Sedentary work; sitting most of the time. Exerts up to 1 O lbs. of force occasionally.
Work is performed both inside and outside, including working within designated construction area and in the public roadway right-of-way. Subject to weather.
Frequent local travel.
MENTAL ACTIVITIES AND REQUIREMENTS OF THIS POSITION
Ability to apply logical or scientific thinking to define problems, collect data establish facts and draw conclusions. Able to interpret a variety of technical instructions and can deal with multiple variables.
July 2023 Page 3
MATHEMATICS ABILITY:
LANGUAGE ABILITY:
Ability to use advanced algebra, exponents, logarithms, linear equations, quadratic equations, mathematical induction and binomial theorem, permutations, calculus, and/or analytic geometry.
Able to perform basic statistical calculations including frequency distributions, reliability and validity of tests, normal curve, analysis of variance, correlation techniques, chi-square application and sampling theory, and factor analysis.
Ability to read a variety of books, magazines, instruction manuals, atlases, and encyclopedias.
Ability to prepare memos, reports, and essays using proper punctuation, spelling, and grammar.
Ability to communicate distinctly with appropriate pauses and emphasis, correct pronunciation (or sign equivalent), and variation in word order using presenl, perfect, and future tenses.
Other Information
Pursuant to California Government Code Section 3100, all public employees are required to serve as disaster service workers subject to such disaster service activities as may be assigned to them by their supervisor or by law.
INTENT AND FUNCTION OF JOB DESCRIPTIONS
Job descriptions assist organizations in ensuring that the hiring process is fairly administered and that qualified employees are selected. They are also essential to an effective appraisal system and related promotion, transfer, layoff, and termination decisions. Well-constructed job descriptions are an integral part of any effective compensation system.
All descriptions have been reviewed to ensure that only essential functions and basic duties have been included. Peripheral tasks, only incidentally related to each position, have been excluded. Requirements, skills, and abilities included have been determined to be the minimal standards required to successfully perform the positions. In no instance, however, should the duties, responsibilities, and requirements delineated be interpreted as all inclusive. Additional functions and requirements may be assigned by supervisors as deemed appropriate.
In accordance with the Americans with Disabilities Act, it is possible that requirements may be modified to reasonably accommodate disabled individuals. However, no accommodations will be made which may pose serious health or safety risks to the employee or others or which impose undue hardships on the City.
Job descriptions are not intended as and do not create employment contracts. The City maintains its status as an at-will employer. Employees can be terminated/or any reason not prohibited by law.
Approved:
Revision Dates:
Former Titles:
Status:
ADA Review:
DOT:
Physical:
February 2019
Exempt
No
No
July 2023 Page4
ATTACHMENT C
Public Works Director Position Job Description (annotated)
THIS PAGE INTENTIONALLY LEFT BLANK
POSITION DESCRIPTION
POSITION TITLE: PUBLIC WORKS DIRECTOR/CITY ENGINEER
DEPARTMENT: Public Works
CLASSIFICATION: Full-time/Exempt APPROVED BY: City Manager
REPORTING RELATIONSHIPS
POSITION REPORTS TO:
POSITIONS SUPERVISED:
CITY MANAGER
Civil/Associate/Assistant Engineer, Engineering Technician, Environmental Program Manager, Management Analyst 1/11, Parks and Facilities Maintenance Supervisor, and Public Works Supervisor Assistant to the PW Director, Engineering Consultants
POSITION PURPOSE
Hands-on department head position responsible for directing, planning, organizing, administering, and overseeing the services including operating programs of the Public Works Department; coordinates assigned activities with other City departments and outside agencies; provides responsible and complex administrative support to the City Manager; and serves as the designated City Engineer, City Traffic Engineer, and Floodplain Administrator. The position is a member of the City's management team.
ESSENTIAL FUNCTIONS AND BASIC DUTIES
• Develops the Department's annual work plan in response to the goals established by the City Council. • Assumes full management oversight responsibility feF------.aUof the Department services including administration, capital improvements, transportation, parking, lighting, maintenance {facilities, fleet, parks, right-of-way, and streets), resource conservation, solid waste, engineering, street maintenance, and watershed management environment programsand sustainability services; and ensures services are February 20/9Julv 2023 Page I
provided according to City ordinances, rules, and regulations, and federal and state laws, standards, and codes.
• Administers policies, procedures, and standards for programs relating to Department activities; and ensures policies, procedures, and standards are administered equitably. • Develops, plans, and implements Department goals and objectives. • Performs professional civil engineering functions; and oversees and be in responsible charge of the preparation of engineering documents (plans, specifications, estimates, calculations, reports, and studies) in accordance with City ordinances, rules, and regulations, federal and state laws, standards, codes, and industry-accepted practices.
• Manages the capital improvement program including the planning, design, and construction of capital improvement projects; and oversees construction management and inspection activities. • Manages the engineering permit services including the review (engineering plan check) of private development projects and encroachment, transportation, and special event permits; and prepares entitlement conditions of approval; and collaborates with project stakeholders. • Develops and manages budgets of Department operating programs. • Prepares and presents staff reports of a complex nature regarding public works; and leads presentations in community meetings, workshops, and other public outreach events regarding public works. • Advises the City Council, City Manager, and other City personnel regarding matters related to public works and facilities; responds to and resolves difficult and sensitive inquiries and concerns from members of the public.
• Develops or oversees the preparation and implementation preventative maintenance systems of City infrastructure.
• Recommends the selection of departmental employees; plan, organize and assign work; develop and establish work methods and standards; conduct or direct staff training and development; review and evaluate employee performance; execute disciplinary action. • Represents the Department in relations with the community advisory committees, local, state and federal agencies, and professional organizations.
• Performs related duties and responsibilities as required by the City Manager.
February 2019July 2023 Page2
QUALIFICATIONS
EDUCATION/CERTIFICATION:
• Equivalent to a Bachelor's degree from an accredited college or university with major course work in engineering, public administration or a related field. • California registration as a Professional Engineer (PE) is desirable. • Education requirements may be met through work experience that provides equivalent knowledge, abilities and technical skills.
• Possession of or ability to obtain an appropriate California driver's license. Must have good driving record.
REQUIRED KNOWLEDGE:
• Operations, services and activities of a municipal public works program. • Modern principles, practices and economics that pertain to management, personnel administration, staffing, supervision; principles related to civil and traffic engineering, streets, parks, public buildings, and capital facilities planning.
• Principles and practices of budget preparation and administration. • Engineering mathematics, theories, principles and formulas used in the design and construction of public works projects.
• Technical, legal and financial requirements involved in the conduct of municipal public works studies, planning and construction; techniques and methods of preparing designs, plans, specifications, estimates, and reports for proposed municipal facilities, including extensive computer skills. • NPDES and ability to create and manage a comprehensive storm water program.
EXPERIENCE REQUIRED:
• Seven years increasingly responsible relevant experience in the public works field, at least three (3) years of which must be in a complex/supervisory capacity with progressively responsible management and administrative responsibility. Related civil and transportation engineering experience desirable. • Experience in local government highly preferable.
February 20!9Julv 2023 Page 3
SKILLS/ABILITIES:
• Plan, organize, direct and/or inspect engineering work and .fill_public works and facilities maintenance. • Develop and administer department goals, objectives and procedures. • Negotiate and manage substantial contracts.
• Analyze and assess programs, policies and operational needs and make appropriate adjustments; analyze problems, identify alternative solutions and implement recommendations in support of goals and develop comprehensive plans to satisfy future needs of department service. • Interpret and apply local, State and Federal policies, laws and regulations. • Make effective public presentations; communicate effectively both verbally and in writing; understand and follow verbal and written directions; establish and maintain effective working relationships with those contacted in the course of work.
• Maintain physical condition appropriate to the performance of assigned duties and responsibilities. • Good technical writing skills.
• Strong analytical and problem-solving skills.
• Able to manage and coordinate subordinate personnel
• Basic computer skills (Microsoft Office and engineering software). • Well-organized.
PHYSICAL ACTIVITIES AND REQUIREMENTS OF THIS POSITION
FINGER DEXTERITY:
TALKING:
AVERAGE HEARING:
Using primarily just the fingers to make small movements such as typing, picking up
small objects, or pinching fingers together.
Especially where one must frequently convey detailed or important instructions or ideas accurately, loudly, or quickly.
Able to hear average or normal conversations and receive ordinary information.
AVERAGE VISUAL ABILITIES:Average, ordinary, visual acuity necessary to prepare or inspect documents or products, or operate machinery.
PHYSICAL STRENGTH:
WORKING CONDITIONS:
REASONING ABILITY:
MATHEMATICS ABILITY:
Sedentary work; sitting most of the time. Exerts up to 10 lbs. of force occasionally.
Work is performed both inside and outside, including working within designated construction area and in the public roadway right-of-way. Subject to weather.
Frequent local travel.
MENTAL ACTIVITIES AND REQUIREMENTS OF THIS POSITION
Ability to apply logical or scientific thinking to define problems, collect data establish facts and draw conclusions.
Able to interpret a variety of technical instructions and can deal with multiple variables.
Ability to use advanced algebra, exponents, logarithms, linear equations, Febru€lry 2019Julv 2023 Page 4
LANGUAGE ABILITY:
quadratic equations, mathematical induction and binomial theorem, permutations, calculus, and/or analytic geometry.
Able to perform basic statistical calculations including frequency distributions, reliability and validity of tests, normal curve, analysis of variance, correlation techniques, chi-square application and sampling theory, and factor analysis.
Ability to read a variety of books, magazines, instruction manuals, atlases, and encyclopedias.
Ability to prepare memos, reports, and essays using proper punctuation, spelling, and grammar.
Ability to communicate distinctly with appropriate pauses and emphasis, correct pronunciation (or sign equivalent}, and variation in word order using present, perfect, and future tenses.
Other Information
Pursuant to California Government Code Section 3100, all public employees are required to serve as disaster service workers subject to such disaster service activities as may be assigned to them by their supervisor or by law.
INTENT AND FUNCTION OF JOB DESCRIPTIONS
Job descriptions assist organizations in ensuring that the hiring process is fairly administered and that qualified employees are selected. They are also essential to an effective appraisal system and related promotion, transfer, layoff, and termination decisions. Well-constructed job descriptions are an integral part of any effective compensation system.
All descriptions have been reviewed to ensure that only essential functions and basic duties have been included. Peripheral tasks, only incidentally related to each position, have been excluded. Requirements, skills, and abilities included have been determined to be the minimal standards required to successfully perform the positions. In no instance, however, should the duties, responsibilities, and requirements delineated be interpreted as all inclusive. Additional functions and requirements may be assigned by supervisors as deemed appropriate.
In accordance with the Americans with Disabilities Act, it is possible that requirements may be modified to reasonably accommodate disabled individuals. However, no accommodations will be made which may pose serious health or safety risks to the employee or others or which impose undue hardships on the City.
Job descriptions are not intended as and do not create employment contracts. The City maintains its status as an at-will employer. Employees can be terminated for any reason not prohibited by law.
Approved: February 2019
Revision Dates:
Former Titles:
Status: Exempt
ADA Review:
DOT: No
Physical: No
Feerumy 20!9July 2023 Page 5