Dublin City Council
September 5, 2023

Agenda Item 4.7
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Commercial Façade Improvement Grant Program Agreement for Village Parkway Investments
Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Village Parkway Investments. The business has requested participation in the program to assist with improvements to the building’s exterior facade.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Village Parkway Investments.

FINANCIAL IMPACT:

There is sufficient funding available in the Fiscal Year 2023-24 Budget for this reimbursement.

DESCRIPTION:

In December 2011, the City Council adopted the Commercial Façade Improvement Grant Program to improve the physical appearance of the Downtown Dublin Specific Plan (DDSP) area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road (Program Area), encourage the retention of existing businesses, and increase property values, tenant stability, and lease rates in the area. The Program leverages public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Program Area. 181

In June 2016, the City Council adopted changes to the Program to:
 Expand the allowance of architectural assistance.
 Encourage timely results.
 Prioritize selection of projects which promote downtown activation (such as outside gathering and dining spaces).
 Promote project competitiveness.
 Clarify applicant preparedness.
 Make the requirements of the Program more understandable to applicants.

Under the Program, commercial property owners or tenants with long-term leases (five years or more) within the Program Area can apply for one of two façade improvement grants:
 Mini-Grant – provides reimbursement of up to $5,000 for commercial building façade improvements with no match requirement.
 Matching Grant – provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000. The total cost of the improvement work must be greater than $5,000. Receipt of a matching grant requires the approved applicant to contribute a minimum of one-third of the total cost of the façade improvement costs.

In June 2021, Staff received an application for a matching grant (up to $70,000) from Village Parkway Investments, which owns the property at 6890 Village Parkway. The applicant is requesting a matching grant to help offset improvements to the site to update and refresh the building exterior, including, but not limited to painting the building, and replacing front and side façade boards to support new signage. The façade update would accommodate the installation of new or improved signage from the building tenants, which includes Prima Vini and Bay Luxury Autos.

The applicant is requesting a matching grant in the amount of $8,223 to help offset the costs of the exterior improvements.

Economic Development Committee Consideration
On December 21, 2021, the City Council’s Economic Development Committee considered the application and by consensus, recommended City Council approval of the agreement. This recommendation falls under the Committee’s purview to provide policy guidance and direction on economic development activities.

Since the application submittal and Economic Development Committee’s recommendation for City Council approval, the applicant submitted preliminary plans and worked with Staff for review and subsequent revisions prior to finalizing their façade plans. In addition, the applicant worked on gathering the required documents needed for execution of the agreement.

STRATEGIC PLAN INITIATIVE:

None.
182

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this Staff Report was sent to the applicant.

ATTACHMENTS:
1) Resolution Approving Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Village Parkway Investments
2) Exhibit A to the Resolution – Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Village Parkway Investments 183
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING A COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM

AGREEMENT BETWEEN THE CITY OF DUBLIN AND VILLAGE PARKWAY

INVESTMENTS
WHEREAS, for decades, state and local governments have used economic development incentives to attract or retain jobs and/or improve the local tax base; and WHEREAS, the City Council of the City of Dublin adopted Resolution No. 216-11 on December 20, 2011, which established a Commercial Façade Improvement Grant Program ("Program") intended to improve the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, encouraging the retention of existing businesses, as well as increase property values, tenant stability, and lease rates for the property; and
WHEREAS, the Program authorizes the City of Dublin to enter into agreements with commercial property owners, or tenants with long-term leases (five or more years remaining on the lease at the time a Program application is submitted) to apply for either 1) a mini-grant for reimbursement of up to $5,000; or 2) a matching grant, that provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000; and WHEREAS, Village Parkway Investments (Applicant) is the Property Owner of certain real property located at 6890 Village Parkway (APN 941-0210-009-00), located in the Program area within the City; and
WHEREAS, the Applicant intends to improve the façade of the building on the property identified in this Resolution; and
WHEREAS, the City Council finds that the Agreement serves a public purpose in that it will help improve the physical appearance of Village Parkway in the Program area, encourage the retention of existing businesses, and increase property values and tenant stability, thus benefitting the City and its residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Commercial Façade Improvement Grant Program Agreement between the City of Dublin and Village Parkway Investments, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, in substantially the form attached, and to make any minor modifications to the Agreement as necessary to carry out the intent of this Resolution. 184
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:

____________________________
City Clerk
185
Commercial Façade Improvement Grant Program Agreement between City of Dublin and Village Parkway Investments P age 1 of 12
Ci
tyReimbursement Grant Amount Maximum: $8,223
Applicant Matching: $4,112
Estimated Project Costs: $12,335
COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM

AGREEMENT BETWEEN THE CITY OF DUBLIN AND VILLAGE PARKWAY INVESTMENTS THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated September 5, 2023, the date of execution by the City (the “Effective Date”) is entered into by and between the City of Dublin, a public body corporate and politic ("City") and Village Parkway Investments (David Yamada), a California corporation (“Owner”). Owner shall be referred to as “Applicant”.

R E C I T A L S
A. The City has adopted a Commercial Faç ade Improvement Grant Program (“Program”) in order to provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the facades of their buildings.

B. Applicant is the owner of that certain real property located at 6890-6894 Village Parkway (A.P.N. 941-0210-009-00), in Dublin, California (the “Site”), and within the boundaries outlined by the Commercial Façade Improvement Grant Program Guidelines (“Program Guidelines”).

C. Applicant has submitted an application to the City pursuant to the Program Guidelines for a grant for certain improvements to the Site, and City has determined that Applicant and the Site meet the eligibility criteria for the Program.

D. City desires to enter into this Agreement because improvement of the Site will enhance the physical appearance and economic vitality of commercial businesses, encourage full occupancy of storefronts, generate additional tax revenue and assist in providing an environment for the social, psychological and economic growth and well-being in the boundaries outlined by the Program Guidelines and the citizens of the City.

E. Applicant desires to enter into this Agreement with City to receive assistance in making certain improvements to the Site, and City is willing to do so on the terms and conditions set forth in this Agreement.

A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:

Section 1. GENERAL.

1.1 Term. This Agreement shall begin on the Effe ctive Date and expire five (5) years following the Applicant’s approval of contractor’s notice of completion (“Term”). 






 





Attachment 2
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Section 2. IMPROVEMENT OF THE SITE.

2.1 Scope of Work. Applicant shall complete the proposed project in accordance with the Scope of Work attached hereto as Exhibit A (the “Project”).

2.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse to the Applicant a sum not to exceed eight thousand two hundr ed and twenty-three dollars ($8,223) (the “Grant Amount”), for certain eligible improvements (the “Eligible Improvements”) as set forth below:

a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit B attached hereto.

b. All services to be performed by a third-party contractor shall be the subject of agreement between Applicant and the third-party contractors. The City shall not assume any liability for such agreements. The Applicant shall submit to the City all invoices from the contractor or contractors for work performed on the El igible Improvements in order to receive reimbursement.

c. A representative of the City shall inspect the completed Project after a notice of completion has been submitted to the City.

d. The City will only issue the Grant Amount after the Project has been completed. Upon determination by the City's representative that Project has been completed in conformance with the Scope of Work (Exhibit A) and the City approvals, the City shall issue a check made payable to the Applicant in an amount equal to the lesser of the Grant Amount or the actual amount of the invoices submitted to the City by the Applicant. The City Manager in his or her sole discretion may issue the Grant Amount at an earlier time than set forth in this Section 2.2(d), if the Applicant can demonstrate good cause.

e. Any and all costs of the Project including, but not limited to the Eligible Improvements, which are in excess of the Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant.

2.3 Permits and Approvals. Before commencement of the Project, Applicant shall secure or cause to be secured any and all permits which may be required by the City and any other governmental agency affected by such construction or work.

2.4 Commencement of the Project. Within 60 da ys after the Effective Date, Applicant shall have selected and authorized one or more contractors to complete the Project, and shall have provided notice to the City of such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors to complete the Project within such 60-day period, the City may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement. All contractors performing work on the Project must be licensed in the State of California.

2.5 Building Permit. A Buildi ng Permit must be obtained within six months of the Effective Date. In the event the Applicant fails to obtain a Building Permit within such six-month period, the City may, 






 





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at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement. An additional six-month extension may be approved with the City’s prior written consent. Notwithstanding the foregoing, no work shall be performed prior to both 1) issuance of the Building Permit and 2) approval of this Agreement by the Dublin City Council. Any work performed prior to both building permit issuance and City Council approval will not be eligible for reimbursement.

2.6 Completion of the Project. Applicant shal l complete the Project and satisfy all other obligations and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision from time to time as mutually agreed upon in writing between Applicant and the City Manager, or their designee. Upon completion, Applicant shall require contractors’ completion notice signed by the contractor. When the Project is completed as set forth in this Agreement, a notice of completion shall be delivered to and approved by the Applicant. Notice of completion shall then be delivered to the City as set forth in this Section 2.6.

Section 3. INSURANCE REQUIREMENTS.

Before fully executing this Agreement, Applicant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Applicant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement. Applicant shall not allow any contractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED

INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Applicant shall maintain all required insurance listed herein for the duration of this Agreement.

3.1 Workers’ Compensation.

3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.







 





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3.1.2 Submittal Requirements. To comply with Subsection 3.1, Applicant shall submit the following:

a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section for all contractor(s) performing work related to the Project; and

b. Waiver of Subrogation Endorsement as re quired by the section for all contractor(s) performing work related to the Project.

3.2 Commercial General and Automobile Liabilit y Insurance Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Applicant or its contractor and its agents, representatives, employees, and subcontractors. Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement. Applicant shall not allow any contractor or subcontractor to commence work on until Applicant has obtained all insurance required herein for the contractor or subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 10. In the event Applicant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later.

3.2.1 Commercial General and Automobile Liability Insurance.

3.2.1.1 General requirements. Applicant and al l contractors and subcontractors, at their own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage 






 





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to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

3.2.1.2 Minimum scope of covera ge. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). No endorsement shall be attached limiting the coverage.

3.2.1.3 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

3.2.1.4 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

b. City, its officers, officials, employee s, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.

c. Contractor hereby agrees to waiv e subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Any failure of Applicant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

3.2.1.4.1 An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Applicant shall notify City within 14 days of notification from Applicant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

3.2.1.4.2 For Applicant’s contractors and subcontractors, an endorsement for completed operations for the construction project, such as the CG 20 37 “Additional Insured— 






 





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Owners, Lessees or Contractors—Completed Operations” endorsement form, shall be submitted by Applicant to the City no later than 30 days after completion of the Project.

3.2.1.5 Submittal Requirements and Verification of coverage. Applicant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

a. Prior to execution of this Agreement, Applicant shall submit:

i. Certificate(s) of Commercial General Insurance and Automobile Liability Insurance; and
ii. Additional Insured Endorsement such as CG 20 10 “Designated Person Or Organization Endorsement”.

b. Prior to commencement of the Project as described in Section 2.4., Applicant shall furnish City with contractor’s certificates of insurance and with original endorsements effecting coverage required herein.

3.2.1.6 Contractors and Subcontractors. Appl icant agrees to include with all contractors or subcontracts the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound to Applicant and the City in the same manner and to the same extent as Applicant is bound to the City under the Contract Documents.

3.2.1.7 Variation. The City may approv e a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.

3.2.1.8 Deductibles and Self-Insured Retentio ns. Applicant and its contractor(s) shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

3.2.1.9 Wasting Policies. No policy required by this Section 3 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).








 





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3.2.1.10 Endorsement Requirements. Each insurance policy required by this Section 3 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

3.2.1.11 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

3.2.1.12 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Applicant shall provide written notice to City at Applicant’s earliest possible opportunity and in no case later than five days after Applicant is notified of the change in coverage.

3.2.2 Term of Coverage. Applicant, at its ow n cost and expense, shall maintain all insurance policies required by this Agreement for the duration of the Agreement’s Term. Applicant shall require that all contractors and subcontractors, at their own cost and expense, maintain the insurance policies required by this Agreement until the Project is complete and the Applicant accepts contractor’s completion notice.

3.2.3. Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Applicant’s breach:

ƒ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

ƒ Order Applicant to stop work under this Agreement or withhold any payment that becomes due to Applicant hereunder, or both stop work and withhold any payment, until Applicant demonstrates compliance with the requirements hereof; and/or

ƒ Terminate this Agreement.

Section 4. PREVAILING WAGES.

Applicant shall require any contractors performing work under this Agreement to pay prevailing wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the project.








 





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The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors or subcontractors in connection with the Project. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with requirements of such Section 1776.

Section 5. MAINTENANCE COVENANTS.

The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if any, at least once a year.

The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Project. During this 60-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the improvements made with City funds, without the prior written consent of City which consent may be conditioned by City to preserve those features to the extent necessary to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation.

5.1 Improvements Cannot Be Removed by Appl icant Without City’s Consent. All Eligible Improvements will become permanent fixtures of the property and cannot be removed by Owner upon expiry or termination of the lease of current tenant at the Site or sale of the property. Exceptions can be made with the prior written consent of the City. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Applicant and its Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

6.3 Other Governmental Regulations. To the ex tent that this Agreement may be funded by fiscal assistance from another governmental entity, Applicant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

6.4 Licenses and Permits. Appl icant represents and warrants to City that its Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Applicant represents and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole 






 





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cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City and Applicant’s Contractor and any subcontractors shall obtain and maintain a valid Business Licenses from City during the construction phase of the project.

6.5 Nondiscrimination and Equal Opportunity. Applicant and its Contractor and any subcontractors shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Applicant under this Agreement.

Section 7. GENERAL PROVISIONS.

7.1 Rights of Access. Representatives of the Ci ty shall have the reasonable right to access the Site, without charges or fees, for the purpose of inspecting the Project, including the Eligible Improvements. City (or its representatives) shall, except in emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of the Site in accordance with applicable law.

7.2 Compliance with Laws. Applicant shall ca rry out the Project in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

7.3 Assignment. Applicant shall have the right to assign all of its rights and obligations under this Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice of the assignment.

7.4 Notices, Demands and Communications bet ween the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City:

City of Dublin
100 Civic Plaza








 





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Dublin, CA 94568
Attention: City Manager
Phone: (925) 833-6650
Email: [email protected]

To Applicant:

Owner
Village Parkway Investments
158 Jackson Street
San Jose, CA 95112
Attention: Kevin Sakimoto on behalf of Mutsuko Yamada and Dorothy Yamada

Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party.

7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements. Applicant agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Applicant with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements.

7.6 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, contains the entire understanding between the parties relating to the transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.

7.7 Modifications. Any alteration, change or modi fication of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

7.8 Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

7.9 Applicant's Indemnity; Waiver. Applicant shall indemnify, defend (with counsel reasonably acceptable to City), protect and hold City, and its officers, employees, agents and representatives, 






 





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Commercial Façade Improvement Grant Program Agreement between City of Dublin and Village Parkway Investments Page 11 of 12

harmless from, any and all Claims of any kind or nature arising out of the Project or this Agreement or the implementation hereof, including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees and costs), which may be caused by the work performed under this Agreement or any activities associated with the Project, whether such activities or work is performed by Applicant or by anyone directly or indirectly employed or contracted with by Applicant.

Applicant's indemnity obligations under this section shall survive termination of this Agreement. Applicant's indemnity obligations under this section shall not extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the active negligence or willful misconduct of the City, or its officers, employees, agents or representatives.

Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with this Agreement, the performance of the work, or Applicant's obligation to comply with all laws with respect to the work.

7.10 Non-liability of Officials and Employees of City. No member, official or employee of the City shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Applicant or its successors, or on any obligations under the terms of this Agreement.

7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

7.12 No Third Party Ri ghts. This Agreement is made and entered into solely for the benefit of the City and Applicant and no other third party shall have any right of action under this Agreement.

7.13 Disclosure of Documents. Applicant ac knowledges that the City is subject to the provisions of the California Public Records Act and that any information submitted to the City may be disclosed to the extent required by law.

7.14 Liability. Owner is wholly liable fo r any Claims arising out of this Agreement.

7.15 Termination. In addition to City’s right to terminate under Section 2.4 and 2.5, City or Applicant may terminate this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations under this Agreement.

The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.








 





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Commercial Façade Improvement Grant Program Agreement between City of Dublin and Village Parkway Investments Page 12 of 12

CITY:

CITY OF DUBLIN

By:

____________________________________
Linda Smith, City Manager

Attest:

____________________________________
Marsha Moore, City Clerk

Approved as to form:

____________________________________
City Attorney

PROPERTY OWNER:

VILLAGE PARKWAY INVESTMENTS

By:

____________________________________

David Yamada, Owner








 





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Commercial Façade Improvement Grant Program Agreement between City of Dublin and Village Parkway Investments Exhibit A - Page 1

EXHIBIT A

SCOPE OF WORK








 





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Commercial Façade Improvement Grant Program Agreement between City of Dublin and Village Parkway Investments Exhibit B - Page 1

EXHIBIT B

ELIGIBLE IMPROVEMENTS

Applicant is the property owner of Village Parkway Investments located at 6894 Village Parkway (A.P.N. 941-0210-009-00) in Dublin, California and shall construct and install the façade improvements including, but not limited to the following:

Village Parkway Investments exterior painting and surface preparation, including replacing front and side façade boards.








 





199

STAFF REPORT

CITY COUNCIL

Agenda Item 4.8
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Revisions to the Personnel System
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are a result of the Employee Process conducted earlier this year, as well as the need to revise the City’s Classification Plan.

STAFF RECOMMENDATION:

Adopt the following: 1) Resolution Amending the Personnel System Rules; 2) Resolution Amending the Benefit Plan in Accordance with Personnel Rules; 3) Resolution Amending the Salary Plan for Full-Time Personnel and Management Positions Exempt from Competitive Service; 4) Resolution Amending the Classification Plan; and 5) Resolution Designating the Management Positions Exempt from Competitive Service
FINANCIAL IMPACT:

The fiscal impact of the benefit enhancement proposed herein is approximately $492,046. Of that, $151,500 is a one-time expense, and $340,546 is for on-going structural changes. However, due to the fact most of the costs will not be incurred until January 1, 2024, the Fiscal Year 2023-24 budget impact is estimated to be $302,723.25. These costs will be incorporated into the Fiscal Year 2023-24 mid-year budget review.

DESCRIPTION:

In recent months, the City Manager has been in discussions with City employees regarding City- paid salaries and health and welfare benefits. These discussions, collectively known as the Employee Process, were conducted to collaborate with employees about ways the City can improve its benefit offerings to promote equity, inclusiveness, and diversity and to aid in our recruitment and retention efforts. On May 9, 2023, and again on August 15, 2023, the City Manager 200

met in Closed Session with the City Council as the Agency Negotiator to discuss and review the Employee Process. As summarized below, the City Council will consider approving several modifications to the City’s Personnel System Rules, Benefit Plan, and Salary Plan pursuant to these discussions.

In addition, modifications to the City’s Class Plan and Management Positions Exempt from Competitive Service are being proposed to add two new classifications to the City’s list of employees.

Personnel System Rules
The City has adopted rules for the administration of the City’s Personnel System. As a result of the Employee Process, the City Manager is recommending the following amendments to the Personnel System Rules (Attachment 1):
 Add language regarding the cash-out of general leave.  Convert Civic Service leave to a floating holiday.
 Add language defining workweeks such that the City can offer 9/80 schedule option to employees.
 Add language clarifying the value of leaves for those on a 9/80 schedule.

In addition, the City Manager is recommending the following amendments to update the Rules with current practices and to be compliant with CalPERS requirements:
 Add language regarding an employee’s duty and obligation as a Disaster Service Worker.  Update the following sections to be consistent with current City practice:
o Market Rate Adjustments
o Performance Pay Adjustments
o Salary Following Promotion
 Incorporate all leave language applicable to management employees by moving it from the Resolution Designating Management Position Exempt from Competitive Service to the Personnel System Rules. This will bring leave benefits for all employees into a single document, making it more transparent to employees.
 Add language clarifying the distinction between Temporary Upgrade Pay and Special Assignment Pay, for CalPERS purposes.

Benefit Plan
The City’s Benefit Plan provides a summary of health and welfare benefits such as medical, dental, vision, life, disability insurance, and retirement programs the City provides. As a result of the Employee Process, the City Manager recommends the following amendments to the Benefit Plan (Attachment 4):
 Market Rate Adjustments
o Salary range adjusted annually on July 1 based on the Consumer Price Index (CPI) changes for the 12 months ending in February with a floor of 1% and a ceiling of

3.5%. Included for years 2023, 2024, 2025 and 2026.
o A one-time lump-sum payment of $1,500/per employee to acknowledge the recent higher-than-normal CPI.
 Merit-Based Adjustments
201

o Provided annually for the period of July 1, 2023, through June 30, 2026, of up to 3%, based on employee’s individual performance.
 Medical
o Beginning January 1, 2024, the City’s contribution to medical will be based on the employee’s level of enrollment (i.e., employee only, two-party, or family plan).

Contributions will be $1,260/month for employee only, $2,255/month for two-party plans, and $2,525 for family plans.
o For medical plan years 2025, 2026 and 2027, City contributions will increase by half of the percent increase in Kaiser premiums at each level, except if the newly calculated amount exceeds the actual rate of Kaiser for the given year. If this situation occurs, the City contribution from the prior year will carry forward. o Beginning January 1, 2024, the health in-lieu opt-out for medical will be based on the level of insurance coverage the employee could receive if they were to enroll in a City-sponsored medical plan; specifically, $250 for employee only, $450 for two- party coverage, and $625 for family coverage.
 Dental
o Beginning January 1, 2024, the City will add an opt-out option for dental insurance based on the level of coverage the employee could receive if they were to enroll in a City-sponsored dental plan; specifically, $25 for employee only, $50 for two-party coverage, and $75 for family coverage.
 Retirement
o Language changes to clarify benefit and employee contributions. No change to benefits being offered or employee contributions amounts with the updates.  Retiree Medical
o Add language that memorializes the current practice of annual increase. There is no change to the current benefits being offered or who is eligible.  Deferred Compensation
o Addition of a $50/month match for employees.
 Holidays
o Convert Civic Service Leave to a floating holiday and add one holiday for employees to celebrate their cultural or religious holidays.
 Car Allowance
o Update list to reflect the following:
 List in alphabetical order.
 Add Principal Engineer.
 Remove Planning Director.
o Add Communications Manager and Parks and Community Services Manager as these classifications often are required to travel throughout the City to conduct City business.

Salary Plan
Included in the City’s Personnel System are Resolutions that address salary ranges for City personnel. As part of the 2023 Employee Process, a total compensation survey was conducted for benchmark classifications. Those classifications that were below the sixty-fifth (65th) percentile of comparator agencies are being recommended to be brought to market. Attachment 7 amends 202

ranges for Fiscal Year 2023-24 to reflect changes resulting from the total compensation survey as well as adds ranges for the classifications of Accounting Manager and Principal Engineer.

The following ranges will increase by the stated percentage (top and bottom) as a result of the total compensation survey:

ASSISTANT CITY MANAGER 5.68%
ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT 3.67%
ASSISTANT FINANCE DIRECTOR 1.91%
ASSISTANT PARKS & COMMUNITY SERVICES DIRECTOR 1.59%
ASSISTANT PUBLIC WORKS DIRECTOR/CITY ENGINEER 6.44%
BUDGET ANALYST 4.04%
CHIEF BUILDING OFFICIAL 0.63%
CHIEF INFORMATION SECURITY OFFICER 25.79%
CITY CLERK 5.55%
CODE ENFORCEMENT OFFICER 1.66%
COMMUNITY DEVELOPMENT DIRECTOR 4.90%
DEPUTY CITY CLERK 1.14%
DEPUTY CITY MANAGER 6.32%
ECONOMIC DEVELOPMENT DIRECTOR 10.96%
ENVIRONMENTAL COORDINATOR 4.04%
ENVIRONMENTAL TECHNICIAN 2.03%
FINANCIAL ANALYST 4.04%
GIS COORDINATOR 5.92%
GRAPH DES & COMM COORDINATOR 20.04%
HOUSING SPECIALIST 4.04%
HUMAN RESOURCES DIRECTOR 10.96%
MAINTENANCE COORDINATOR 4.03%
MANAGEMENT ANALYST I 4.06%
MANAGEMENT ANALYST II 4.04%
PARKS & COMMUNITY SERVICES DIRECTOR 1.25%
PLANNING MANAGER 0.69%
PUBLIC WORKS DIRECTOR/ASSISTANT ENG 7.79%
SENIOR CODE ENFRCMNT OFFICER 0.65%
SENIOR MANAGEMENT ANALYST 4.04%
The following classifications are vacant and as a result of the total compensation survey will be brought down to market position:
203

PUBLIC WORKS TECHICIAN I -8.45%
PUBLIC WORKS TECHNICIAN II -7.52%
FINANCE TECHNICIAN II -4.91%
FINANCE TECHNICIAN I -4.91%
PUBLIC WORKS INSPECTOR -3.23%
ACCOUNTING MANAGER -0.99%
ASSISTANT TO THE CITY MANAGER -0.97%
Classifications over market will not be adjusted at this time and instead will be re-evaluated in April 2024 to determine if the range should be adjusted based on CPI on July 1, 2024, or remain consistent for Fiscal Year 2024-25. Employees’ positions in these ranges will not be adjusted as a result of these changes, except for two employees whose current salaries fall below the minimum of the new range.

Classification Plan
Pursuant to the City’s Personnel System Rules, a job description must be adopted for each classification in the organization. The job description typically includes key elements, knowledge, skills, abilities, and requirements of the position. The job descriptions make up the City’s Classification Plan. Attachment 9 includes the following amendments:
 Updating the Classification Plan by adding the classification and job descriptions for Accounting Manager. The Accounting Manager is a newly created classification as part of the re-organization to the Finance Department. Governmental Accounting continues to evolve and become more complex requiring a need for a higher-level accountant that can specifically oversee the day-to-day supervision of accounting and finance technician personnel by delegating, planning, and reviewing work to ensure the City’s compliance with all accounting standards. In addition, this position will be coordinating with the City’s outside auditor in preparing for upcoming changes to these standards, which are occurring more frequently and are more complex in nature. This position will replace the vacant Assistant Finance Director position allocated in the Fiscal Year 2023-24 budget.  Updating the Classification Plan by adding a Principal Engineer classification and job description. This position was added to the Fiscal Year 2023-24 budget and is responsible for the Development Engineering section of Public Works, including budget creation, supervision, recruitment, and consultant management. The current Senior Civil Engineer will be reclassified to this management-level position, more accurately reflecting the responsibilities and duties of the position.
 Updating the job description for the Graphic Design and Communications Coordinator.

Upon review of the job description, duties, and salary range, it was determined that the work being performed by this classification is more appropriately classified as an exempt position, rather than a non-exempt designation. To change this designation, the job 204

specification had to be updated. While updating for FLSA designation, the specification was also updated to reflect the current duties of the position more accurately.

Management Positions Exempt from Competitive Service
The City Council has adopted a resolution which lists the classifications that are exempt from competitive service and prescribes leave benefits for these classifications. The City Manager recommends moving the leave benefits included in the resolution to the City Personnel Rules for consistency and transparency reasons. In addition, the updated resolution (Attachment 13) re- states the classifications exempt from competitive service, including the addition of the newly created Accounting Manager and Principal Engineer classifications.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Amending the Personnel System Rules
2) Exhibit A to the Resolution – Personnel System Rules 3) Exhibit B to the Resolution – Personnel Systems Rules (redline version) 4) Resolution Amending the Benefit Plan in Accordance with Personnel Rules 5) Exhibit A to the Resolution – Benefit Plan
6) Exhibit B to the Resolution – Benefit Plan (redline version) 7) Resolution Amending the Salary Plan for Full-Time Personnel and Management Positions Exempt from Competitive Service
8) Exhibit A to the Resolution – Salary Plan
9) Resolution Amending the Classification Plan
10) Exhibit A to the Resolution – Accounting Manager Job Specification 11) Exhibit B to the Resolution – Principal Engineer Job Specification 12) Exhibit C to the Resolution – Updated Graphic Design and Communications Coordinator Job Specification (redline version)
13) Resolution Designating the Management Positions Exempt from Competitive Service 205
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE PERSONNEL SYSTEM RULES
WHEREAS, the City Council is authorized to adopt rules for the administration of the City’s personnel system; and
WHEREAS, the City Council adopted resolution No. 111-20 and subsequent amendments updating the Personnel System Rules; and
WHEREAS, the objective of these rules is to facilitate efficient and economical services to the public and provide for an equitable system of personnel management in municipal government; and
WHEREAS, the City periodically amends the Personnel Rules to be current with City practices, personnel law, benefit provisions, or conditions of employment; and WHEREAS, the leave benefits for Management Employees Exempt from Competitive Service was last adopted by Resolution 110-15, and subsequent amendments, but is now being incorporated into the Personnel System Rules, for consistency and transparency purposes.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend the Personnel System Rules, attached hereto as Exhibit A , which shall supersede the Personnel System Rules adopted by Resolution 111-20 and any subsequent amendments.

BE IT FURTHER RESOLVED that the leave benefits for positions exempt from competitive service previously outlined in Resolution No. 110-15, and subsequent amendments, will be incorporated into the overall Personnel System Rules adopted by this resolution.

PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
206
Attachment 2
Exhibit A to the Resolution
City of Dublin
Personnel System Rules
Last Updated – September 5, 2023
207
Table of Contents

1. INTRODUCTION ......................................................................................................................1

2. EMPLOYER / EMPLOYEE RELATIONS ....................................................................................1

3. DEFINITION OF TERMS ...........................................................................................................1

4. CLASSIFICATION PLAN.............................................................................................................4

5. RECRUITMENT AND SELECTION ......................................................................................... 5

6. PERFORMANCE EVALUATION PROGRAM.............................................................................9

7. FITNESS FOR DUTY EVALUATIONS ......................................................................................10

8. PERSONNEL FILES ....................................................................................................................10

9. WAGE AND HOUR BENEFITS.................................................................................................11

10. WORKWEEK, CALL -BACK PAY, MEAL PERIODS, AND LACTATION BREAK ............15

11. LEAVES .......................................................................................................................................17

12. TRANSFERS ...............................................................................................................................27

13. LAYOFF AND RECALL ...........................................................................................................27

14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE .....................................................28

15. GRIEVANCE PROCEDURE .....................................................................................................28

16. DISCIPLINE/GENERAL RULES OF CONDUCT ..................................................................29

17. RESIGNATIONS .........................................................................................................................34

18. NON-DISCRIMINATION AND HARASSMENT ..................................................................34

19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES .....................................................34

20. OUTSIDE EMPLOYMENT ........................................................................................................35

21. VOLUNTEERS ............................................................................................................................35

22. DRUG AND ALCOHOL -FREE WORKPLACE ....................................................................36

23. NEPOTISM .................................................................................................................................36

24. GIFTS AND GRATUITIES .......................................................................................................36

25. USE OF INFORMATION AND ELECTRONIC SYSTEMS ...................................................37

26. DRESS CODE............................................................................................................................37

27. USE OF CITY EQUIPMENT ....................................................................................................38

28. TRAVEL AND TRAINING POLICY ..........................................................................................38

29. MISCELLANEOUS ......................................................................................................................38 208

City of Dublin Personnel Rules
Revision Date: September 5, 2023

1. INTRODUCTION

1.1. These Personnel Rules (hereafter "Rules") generally describe the employment relationship between the City of Dublin (City) and its employees. The Rules apply to all employees, except where otherwise indicated in these Rules, or where an applicable memorandum of understanding (MOU), or Resolution, specifically conflicts with a Rule. City Policies are in conjunction with the Rules. Each employee will receive a copy of these Rules and related City Policies and is responsible for reading and adhering to the Rules and Policies.

1.2. These Rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by the City Council.

1.3. The City Manager, or designee is vested with the responsibility to interpret these Rules in the event any provision of these Rules is deemed to be ambiguous.

2. EMPLOYER / EMPLOYEE RELATIONS

2.1. The City's labor relations policies are governed by the Meyers-Milias-Brown Act (MMBA), Government Code section 3500, et seq. The City has in place an Employer-Employee Relations Resolution, which specifies the City's local rules, rights and obligations regarding labor relations.

2.2. Under the City's Employer-Employee Relations Resolution, and the MMBA, the City recognizes certain labor organizations as the exclusive representative for purposes of labor negotiations. For non-represented employees, the City consults in good faith with all employees regarding wages, hours, benefits, working conditions, and other items of mutual interest and provides advance notice of certain matters as specified in the City's Employer-Employee Relations Resolution. Such consultation shall be in accordance with thelaw.

2.3. City Employee pay schedules and various health and welfare benefits are set forth in the City's Salary and Benefit Plans and are adopted by the CityCouncil.

2.4. Employees having questions concerning matters related to their classification, salary, or health and welfare benefits may contact City's Human Resources directly.

3. DEFINITION OF TERMS
All words and terms used in this section and in any City Ordinance or Resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the following words and terms most commonly used are hereinafter defined:

3.1 "Advancement": A salary increase within the limits of a pay range established for a 209

City of Dublin Personnel Rules
Revision Date: September 5, 2023
class.”

3.2 “Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.

3.3 “Appointing Authority": The appointing authority of employees in the Competitive Service is the City Manager. The City Manager shall either approve the appointment, removal, promotion or demotion of all City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by Ordinance or Resolution by the City Council.

3.4 “Class": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title with common standards of selection, transfer, demotion, and salary.

3.5 "Classification Plan": The designation by City Resolution of the City Council of a title for each class, together with the specifications for each class as prepared and maintained by the City Manager, or designee.

3.6 "Class Specifications": A written description of a job classification, setting forth the essential characteristics, knowledge, skills, abilities and the requirements of positions allocated to the classification. Such documentation may also be referred to as a Classification Description.

3.7 "Competitive Service": All positions of employment in the service of the City except those excluded as specifically set forth in the Dublin Municipal Code Section 2.20.040 (Personnel System) and Council Resolution 84-08 (and any amendments thereto) or its successor.

3.8 "Demotion": The movement of an employee from one classto another class having a lower maximum base rate of pay.

3.9 "Domestic Partner''. "Domestic Partner" as defined by the State of California in an appropriate Code Section.

3.10 "Eligible": A person whose name is on an employment list.

3.12 "Employment List":
(a) Open employment list: A list of names of persons who have taken an open- competitive examination for a class in the Competitive Service and have qualified.
(b) Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the Competitive Service and have qualified.
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3.13 "Examination":
(a) Open-competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class.

3.14 "Full-Time Position": A position in the Competitive Service requires at least forty (40) hours per week. A full-time position may be either temporary or regular.

3.15 "Immediate Family": Means parent, current spouse or domestic partner, child, current stepchild, grandparent, brother, current stepbrother, current brother-in- law, sister, current stepsister, current sister-in-law, current mother-in-law or current father-in­ law.

3.16 "Part-Time Position": A position having a work week of fewer hours than the work week established for full-time positions. A part-time position may be either temporary or regular.

3.17 "Personnel Ordinance": Ordinance which creates a personnel system and rules for the City as codified in the Dublin Municipal Code Title 2.

3.18 "Position": A group of duties and responsibilities in the Competitive Service requiring the full-time or part-time employment of one person.

3.19 "Probationary Period": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. During such period, an employee is considered at-will and may be terminated at any time without cause.

3.20 "Promotion": The movement of an employee from one class to another class having a higher maximum base rate of pay.

3.21 "Provisional Appointment": An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six (6) months.

3.22 "Recruitment":
(a) Open: A recruitment for a particular class which is open to all persons meeting the qualifications for the classification.
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(b) Promotional: A recruitment for a particular class which is open only to employees meeting the qualifications for the classification.

3.23 "Regular Employee": An employee in the Competitive Service who has successfully completed the probationary period and has been retained as provided in these Rules.

3.24 "Reinstatement": The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non-probationary employee.

3.25 "Temporary Employee": An employee who is appointed to a temporary or a permanent position for a limited period of time.

3.26 "Temporary Position": A full-time or part-time position of limited duration.

3.27 "Transfer": A change of an employee from one position to another position in the same class or in a comparable class.

3.28 "Work Period": A normal work period shall begin at 12:01 a.m., Saturday andshall end at 12:00 midnight on the following Friday. Alternate work periods may be established in accordance with these rules.

4. CLASSIFICATION PLAN

4.1. The City maintains a set of job classification descriptions. Each job classification description includes a class title and a general written description of the duties and responsibilities. Classification descriptions are readily available electronically from the City's internet website, City's internal intranet website and are available upon request to City Human Resources.

4.2. Job classification descriptions may be abolished or amended from time to time. In addition, new job classification descriptions may be added to the City's classification plan.

4.3. When the assigned duties of a position have been materially changed by the City so as to necessitate reclassification, the affected employees(s) shall be allocated by the City Manager or designee to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant change in assigned duties and responsibilities.

4.4. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, to their immediate supervisor who will work with the Department Head 212

City of Dublin Personnel Rules
Revision Date: September 5, 2023
and Human Resources to further evaluate the position.

4.5. The City may utilize temporary or emergency employees in such circumstances as the City deems appropriate. These employees may be assigned to regular or temporary full- or part-time positions during suchperiods.

5. RECRUITMENT AND SELECTION

5.1. Recruitment

5.1.1. The City may utilize any legitimate recruitment procedure for attracting qualified applicants. Recruitments may be "promotional" or "open," depending on the City's needs.

5.1.2. Consistent with the best interests of the City, all vacancies in the Competitive Service shall be filled by promotion from within the Competitive Service, after a promotional examination has been given and a promotional list established. The City will give reasonable notice to all employees concerning the City's employment opportunities.

5.1.3. If, in the opinion of the City Manager or designee, it is in the best interest of the City, a vacancy in a position may be filled by an open-competitive examination instead of a promotional examination. In that event the City Manager or designee shall arrange for an open-competitive examination and for the preparation and certification of an open-competitive employmentlist.

5.2. Applications for Employment

5.2.1. Each candidate shall complete those application forms designated by the City.

An applicant's failure to provide complete, truthful and accurate information on all application materials shall be grounds for immediate disqualification in the application process and may result in dismissal fromemployment.

5.2.2. As part of the pre-employment procedure, applicants may be required to supply references, and a waiver, to enable a thorough background check, including fingerprinting, by the City. The City has the right to conduct a complete and exhaustive background investigation on all applicants seeking employment with the City of Dublin to the extent permitted by law.

5.3. Disqualification or Rejection

5.3.1. The City may reject or disqualify applicants for any legitimate reason. In addition, the City may permanently disqualify applicants from future employment for good cause. In the event of permanent disqualification, the City shall notify the applicant of the action, include a brief description of the 213

City of Dublin Personnel Rules
Revision Date: September 5, 2023
reasons, and permit the applicant to appeal pursuant to the procedure specified in these rules. The appeal submission will be maintained with the application file, if requested by the appellant. The appeal procedure is not available to applicants except in cases of permanent disqualification.

5.3.2. Criminal Conduct - Once a conditional job offer has been made, employers are permitted to conduct a criminal history check. However, the City cannot rescind the job offer based on an applicant’s criminal history without going through the following process:
1) Making an individualized assessment that justifies denying the applicant the position. In making such determination, the appointing authority may consider the following factors:
(a) the classification to which the person is applying or being certified and whether the classification is unrelated to the conviction; (b) the nature and seriousness of theoffense;
(c) the circumstances surrounding theconviction;
(d) the length of time elapsed since the conviction;
(e) the age of the person at the time of conviction;
(f) the presence or absence of rehabilitation or efforts at rehabilitation;
(g) contributing to social or environmental conditions. 2) Notifying the applicant in writing of a preliminary decision to take back the offer;
3) Giving the applicant a chance to provide additional information; and 4) Notifying the applicant in writing of a final decision to take back the offer and informing the applicant of the right to complain to California’s Civil Right Department (CRD).

5.3.3. An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such an appeal must be in writing and filed with the City Manager or designee within ten (10) days of the date of the notice of disqualification. The City Manager or designee will hear and determine the appeal within ninety (90) calendar days after it is filed. The 214

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determination of the City Manager or designee on the appeal is final.

5.4. Testing I Assessment Process
The City may utilize any legitimate method to determine the qualifications of applicants, including, without limitation, written tests, oral examinations, panel interviews, assessment centers and oral interviews. The City may list successful applicants on a "list of eligibles." The list of eligibles will be maintained for the duration specified by the City.

5.5. Appointment

5.5.1. The City may appoint any qualified applicant from the list of eligibles to a regular position in the classification for which the applicant is qualified.

Positions may be full-time, or part-time, depending on the needs of the City.

In the absence of a list of eligibles, the City may make temporary appointments pending development of a new list. The City endeavors to provide notice to all City employees at least one week in advance of new employment opportunities.

5.5.2. The City in its discretion may permit lateral transfers to a vacant position.

The transfer shall be subject to the rules governing transfers. The City endeavors to provide notice of vacant positions for at least one (1) week to ensure opportunities for transfer.

5.5.3. The City may in its discretion cause a new list of eligibles to be generated in the event the City believes that circumstances warrant a new list. Such circumstances include, but not limited to the age of the eligible list; an inadequate number of candidates; and changing job requirements.

5.5.4. In the absence of names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. This appointment may be made during the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee. A provisional employee may be removed at any time without the right of appeal or hearing.

5.5.5. A provisional appointee accrues the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee is counted as time toward the fulfillment of the required probationary period.

5.5.6. No special credit will be allowed in meeting any qualifications or in the giving of any test or the establishment of any open competitive/promotional lists, 215

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for service rendered under a provisional appointment.

5.6. Probationary Period

5.6.1. Unless a different probationary period is specified in the employment announcement, application, appointment documents or job specification, upon beginning a job in a new classification of employment, employees in the Competitive Service who are not at-will must serve a probationary period of twelve (12) months. Periods of time during unpaid absences shall automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding twenty (20) working days shall extend the probationary period by that number of days the probationary employee is on such leave. Only employees in the Competitive Service who are not at-will employees are subject to probationary periods. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the City Manager or designee a statement in writing to such effect and stating that the retention of such employee in the serviceis desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory, and their employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the City Manager or designee after the expiration of the selection period.

5.6.2. The City may establish probationary periods exceeding twelve (12) months in duration for positions involving duties and responsibilities that the City believes warrant an extended probationary period. In that event, the City will indicate the probationary period in the job announcement or other application-related materials. Further, with respect to existing classifications, the City must provide advance notice of the probationary period change to the City employees in those classifications.

5.6.3. During the probationary period, probationary employees may be released from City employment at any time, without cause, without right of appeal or hearing. The City is not required to explain the reasons underlying the release from probationary employment. If the City approves, the released probationary employee may be appointed to any vacant position in a classification in which the employee is qualified andperformed satisfactorily for at least one (1) year, subject to a new probationary period.

5.6.4. Promotional Probationary Period. When a regular employee ispromoted, a promotional probationary period shall begin on the effective date of the promotion. During the probationary period of a promoted employee, the Department Head may recommend that the employee be demoted to the 216

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former position, range, and salary if the employee's performance and/or conduct do not meet the standards of the position to which the employee was promoted. Such recommendation is subject to approval by the City Manager or designee. Employees on promotional probation have no rights to tenure in the promotional position and may be returned to their former position without cause, without notice and without right of appeal or hearing. If the former position is not vacant or not available, the employee on promotional probation shall be separated from employment without the right of appeal and placed on the eligibility list for the former position for a twelve (12)-month period. Placement on an eligibility listdoes not guarantee that the employee will be re-hired to the former position once that position becomes available.

5.6.5. Probationary periods do not apply to "at-will" employment as defined in these Rules, and can be terminated at any time, with or without cause and without right of appeal or hearing.

5.7. At Will
Certain positions in the City are designated "at-will." At-will positions are not subject to the job protections described in these personnel rules, including processes and rules for recruitment, discipline, termination, probationary periods, testing, and appointment from eligible lists. At-will employees are subject to these rules only to the extent that the rules set forth certain benefits and terms and conditions of employment to which all employees are entitled pursuant to applicable law. Other rules applicable to at-will employees are set forth in applicable Council Resolutions. The employment of at-will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating "good cause," and without right of appeal or hearing. Nothing in these Rules affects or changes the at-will nature of employment for the City.

6. PERFORMANCE EVALUATION PROGRAM

6.1. The City requires employees in the Competitive Service to undergo performance evaluations periodically throughout their employment. The City shall prescribe appropriate forms for completing performance evaluations.

6.2. The purpose of performance evaluations is to communicate to employees regarding their work performance, and to provide employees an opportunity to discuss their concerns regarding the same.

6.3. All employees shall receive a written performance evaluation six (6) months following the date of hire or promotion. Thereafter, within thirty (30) days of each anniversary date, a written employee performance evaluation will be completed. 217

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Employees may also be requested to complete a written self-evaluation of their performance, for discussion with the employee's supervisor. In addition, a performance evaluation may be prepared at any time, at the discretion of the employee'ssupervisor.

6.4. Each performance evaluation will be discussed with the employee to identify areas of successful performance and those which require improvement. The employee may comment regarding their work performance, either in an attached written statement or orally to the supervisor. Written statements submitted by the employee will be included into the final evaluation document and filed.

The employee must sign the evaluation, which will signify that they are aware of the contents. The employee's signature does not imply agreement with the contents of the evaluation. If the employee refuses to sign the evaluation, a witness will sign as acknowledgment the employee’s refusal to sign the evaluation. All employee evaluations will be signed by the employee's direct supervisor, the employee's Department Head, and the City Manager, or designee.

6.5. Performance evaluations are kept in employee personnel files. Employees may submit comments or rebuttals to their performance evaluationswithin thirty (30) calendar days of issuance, and these documents will also be maintained in the personnel files with the performance evaluations.

7. FITNESS FOR DUTY EVALUATIONS
All employees must be physically and mentally capable of performing the essential functions of their jobs. The City, at its expense and selection, may require an employee to undergo a fitness for duty evaluation based on any reasonable cause.

8. PERSONNEL FILES

8.1. The City maintains an official personnel file for each of its employees. Personnel files contain personnel records deemed necessary for the administration of human resources in the City.

8.2. Personnel files are available for inspection by employees within a reasonable time after an employee's request and without loss of pay, provided that employees make arrangements with their supervisor if the inspection occurs on duty. Upon written request, employees may obtain copies of the materials subject to inspection. The City may preclude inspection of certain information in accordance with the law, such as background and other pre-employment information, and materials relating to investigations.

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No information contained within an employee’s personnel file will be released to a third party unless a waiver has been signed by the employee, except as required by law. Only those documents which have been specifically released by the employee as shown in the waiver will be shown to the third party.

9. WAGE AND HOUR BENEFITS

9.1. General Provisions

9.1.1. Wages and benefits are subject to approval by the City Council. Wages and benefit schedules are contained in the City's Salary and Benefit Plans covering the City's classifications. Employees having any questions about employment classifications, wages and benefit schedules should contact City Human Resources.

9.1.2. The City is committed to observing all its obligations under the Fair Labor Standards Act ("FLSA"). These rules, as well as all applicable provisions in memoranda of understanding, Council Resolutions, and all City pay practices, shall comport with, and shall be interpreted to ensure the minimum requirements of, the FLSA.

9.1.3. The City Manager or designee will designate a workweek for employees in accordance with the law. The usual working hours for City employees shall be 8:00 a.m. to 5:00 p.m. (including a one-hour unpaid lunch break) and a normal workweek consists of forty (40) hours. Some departments may require a different work schedule developed by the Department Head and approved by the City Manager or designee. Alternative or flexible schedules that result in a regular schedule of more than forty (40) hours in a workweek are not permitted. Any flexible day(s) must be taken within the same workweek, must be scheduled as not to interfere with assigned duties, and are subject to approval by the Department Head and/or City Manager.All alternative or flexible schedules must be reviewed prior to the effective date to ensure compliance with FLSA.

9.1.4. Except when necessary to address an emergency or special circumstance, employees who are entitled to overtime compensation under the law may not work outside of regularly scheduled working hours or during unpaid meal periods without the prior authorization of a supervisor. In any emergency event, employees must report overtime work as soon as possible after the work is performed. Violations of this rule may result in discipline, up to and including termination of employment.

9.1.5. Overtime for eligible employees is any hours worked in excess of forty (40) hours during a single workweek.
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9.1.6. Non-exempt employees, working in excess of the normal forty (40) hour workweek, shall be paid at an hourly rate of one and one-half times the regular hourly rate. Non­exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked instead of receiving cash payment. The decision to receive overtime pay or CTO credit shall be made at the end of the pay period in which the overtime is worked, provided the employee has not accrued the maximum CTO allowed. Employees may not convert CTO to overtime pay except at termination of employment or change in eligibility for CTO accrual. CTO may be accrued up to a maximum as established by these Rules.

9.1.7. For purposes of calculating overtime pay, holidays count as hours worked within a workweek. Paid leaves do not count as hours worked within a workweek. Employees eligible for overtime who take minutes at a City Council, Commission or Committee meeting shall be compensated at one and one-half times their hourly rate for the time they are attending the meeting, regardless of the hours worked in the corresponding workweek.

9.1.8. The City designates as "FLSA Exempt" those employees who work in professional, executive or administrative capacities and who are therefore not entitled to overtime compensation under theFLSA.

9.1.9. In the case of civil disaster, state of extreme emergency or local peril, all employees have the duty and obligation to perform emergency works upon request of proper authority declaring such emergency. The overtime procedures herein established shall not be in effect and compensation procedures shall be determined at the time of such conditions by the City Manager.

9.2. Compensation

9.2.1. Market Rate Adjustments:

All Market Rate Adjustments shall be based on changes in the Consumer Price Index (CPI) or a total compensation salary survey, as determined by the City Manager and approved by the City Council.
(a) As provided for in the salary and benefit plan, the City Manager is authorized to assign salaries within a range. The range is adopted by the City Council in the Salary Plan.

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(b) Market Rate Adjustments shall be effective July 1st annually. (c) The Market Rate Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee.

9.2.2. Merit Adjustments:

Merit Adjustments are separate from Market Rate Adjustments and shall be based entirely on employee performance.
(a) Each fiscal year, the City Manager or designee will determine the maximum Merit Adjustment percentage based on the Council- authorized Salary Plan for all regular employees regularly scheduled to work twenty (20) or more hours per week.
(b) The City Manager or designee will notify all regular employees prior to the start of the fiscal year the amount available for Merit Adjustments.
(c) Any recommendation for a Merit Adjustment shall include a written performance evaluation.
(d) An employee's performance is reported on a form designated by the City Manager or designee. Where applicable, this evaluation also includes input and observations from the employee's supervisor. (e) Based upon the performance evaluation, the City Manager or designee may authorize an additional Merit Adjustment, provided that adjustment will not create a salary that is greater than the range authorized in the adopted Salary Plan. The amount of the adjustment shall be based on the evaluation presented and any other factors indicating the employee's work performance.
(f) The effective date of any Merit Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee.

9.2.3. Performance Pay Adjustments:

Performance Pay Adjustments are separate from Merit Adjustments and are intended to provide limited pay adjustments given an employee's salary position within the adopted pay range.
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annually, provided the other criteria in this section have been met.

This is to allow for a Performance Pay Adjustment in conjunction with an employee's annual review related to the employee's anniversary date.
(b) A Performance Pay Adjustment shall be a one-time wage increase, which will not alter the pay range adopted pursuant to the adopted Salary Plan.
(c) This adjustment may be granted to a regular employee scheduledto work twenty (20) or more hours per week, if the evaluation process followed under provisions for Merit Increases (Section 9.2.2) indicates that the employee's performance is at a satisfactory level or above, which would warrant a Performance Pay Adjustment beyond the adopted salary range.
(d) A Performance Pay Adjustment shall be at the discretion of the City Manager or designee and will be based on a written performance evaluation and any other factors indicating the employee's work performance.
(e) Performance Pay Adjustments shall be a one-time lump sum payment, based on the score received on the performance evaluation. In exceptional cases, the City Manager may authorize a Performance Pay Adjustment which shall not exceed 9% of the employee's annual salary. For purposes of this section, the employee's annual salary shall be twelve (12) times the employee's monthly salary prior to the adjustment.
(f) The effective date of any Performance Pay Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee.

9.2.4. Salary Following Promotion:

When an employee is promoted to a position allocated to a classification with a higher salary range, such employee shall generally be placed in the new salary range 5.0% above the previous salary level. Upon recommendation of the Department Director, the City Manager may approve assignment to any other salary within the higher salary range, but never outside the salary range.

9.2.5. Temporary Upgrade/Special Assignment Pay:
a. Temporary Upgrade Pay
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Employees assigned to perform duties of an assignment, in writing by the City Manager or designee, who pursuant to such assignment, assumes and performs all of the ordinary day-to-day duties of a position of a higher classification for at least thirty-one (31) consecutive work days shall be paid an additional 5% of the regular pay of their own classification, or the first step of the higher classification in the classification plan whichever is greater, for all time worked in the assigned higher classification
Temporary Upgrade Pay will be limited to 960 hours a fiscal year for assignments in vacant positions qualifying for temporary upgrade pay.

Temporary Upgrade Pay is reportable to the California Public Employee Retirement System (CalPERS), as defined by CCR 571(a)(3) for classic CalPERS members, to the extent allowed by law.

Work assignments shall not be changed for the sole purpose of evading the requirement of providing temporary upgradepay to an employee who would otherwise be eligible. The effective date of any change in assignment under this section shall be noted on a Personnel Action Form that must be approved by the City Manager or designee.

A Personnel Action Form shall be generated upon the completion of the acting pay status identifying regular pay of an employee’s classification prior to the acting pay authorization.
b. Special Assignment Pay
An employee who is temporarily assigned for a at least thirty-one (31) consecutive workdays to perform significant additional duties outside the scope of the job specification of the employee’s classification, in addition to the employee’s regular job duties, will receive Special Assignment Pay at a rate of five percent (5%) above the employee’s base salary. This pay is not reportable to CalPERS.

10.WORKWEEK, CALL-BACK PAY, MEAL PERIODS,

11.AND LACTATION BREAK

10.1 Workweek

10.1.1 The City's standard workweek for full-time employees is forty (40) hours per week, in a seven (7) day period. The workweek generally commences at 12:01 a.m. every Saturday and is a regularly recurring seven (7) day period ending at 12:00 midnight every Friday.

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a seven (7) day work period. For employees assigned to the 9/80 work schedule, each employee’s designated FLSA workweek shall begin exactly four (4) hours after the start of the employee’s regularly scheduled eight (8) hour shift on the day of the week that corresponds to the employee’s alternating regular day off. The same day of the week shall be permanently designated as the employee’s alternating regular day off.

10.1.2 The City shall establish and may modify regular working hours for its employees. The City may require employees to work overtime and to perform standby responsibilities. Employees shall be responsible for reporting to work on time and observing the work schedule established for their department.

10.2 Call-Back Pay
When an employee, considered non-exempt for the purposes of the Fair Labor Standards Act (FLSA), has completed a normal shift for the day, is on a regular day off, or is on paid leave, and is called back to work, the employee will, upon reporting, receive a minimum of two (2) hours work at the overtime rate (time and one-half), or if two (2) hours of work is not furnished, a minimum of two (2) hours of pay at the overtime rate. Subsequent hours worked under this section will be paid according to the overtime provision in Section 9 of these Rules. This provision does not apply to instances in which the employee is called to report before the regular starting time and is furnished work until the end of his/her normal shift. The first two (2) hours of call back pay, per occurrence, cannot be taken as compensatory time off and will be paid to the employee as a cash payment.

10.3 Meal Periods
Unless otherwise established for a department for particular employees, employees shall receive a thirty (30) or sixty (60) minute meal period that shall not be compensated.

During the meal period, the non-exempt employee must be completely relieved of duties.

If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated. Meal periods may not be used to shorten the workday.

10.4 Lactation Break
An employee who wishes to express breast milk for her infant child during her scheduled work hours will receive a reasonable amount of additional unpaid time beyond any compensated rest period. Those desiring to take a lactation break must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would “seriously disrupt” the City’s operations as those terms are used in Labor Code section 1032. Once a lactation break has been approved, it should not be interrupted except for emergency or exigent circumstances.

For additional information concerning lactation accommodation, see the Lactation Accommodation policy.
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11. LEAVES

11.1 Leave Overview

11.1.1. Employees are expected to be at work at scheduled times. To ensure public accountability and the integrity of public service, all employees are expected to account for their absences from work. Leave time is chargeable in increments of one­ quarter of an hour (1/4) or fifteen (15) minutes.

11.1.2. Scheduled leaves are subject to approval by the Department Head and scheduled two (2) weeks in advance whenever possible, with due regard for the City’s service needs.

11.1.3. The City may employ any reasonable measure to ensure employees are properly accounting for leaves, including requiring reasonable proof that the basis for the leave is legitimate. Employees may be required to submit a medical certification of sickness supporting a request for sick leave use pursuant to these Rules and City policy. The City may require a fitness for duty certification from any employee returning from leave. Abuse of leave privileges, including working for a secondary employer while on sick leave, may subject an employee to disciplinary action, up to and including termination of employment.

11.1.4. Leave benefits are available only to regular, or probationary, employees regularly scheduled to work more than 1,040 hours on an annual basis, but not temporary part-time or "extra help"personnel unless otherwise noted.

11.2. General Leave

11.2.1. A General Leave Plan has been established for all employees regularly scheduled to work more than 1,040 hours on an annual basis, in lieu of traditional vacation and sick accrual programs. The City's General Leave Plan conforms with the Healthy Family Act of 2014 (CA Paid Sick Leave).

General leave may be used for any leave purpose; however, the following sections govern its use.

11.2.2 General leave falls into two categories:
(a) Scheduled Leave: Any leave which can be reasonably forecast or anticipated (i.e., vacation leave), scheduled medical/dental appointments, extended weekends, personal leave, etc.

Scheduled leave requires the approval of the City Manager or designee prior to the absence. A request for scheduled leave should be submitted on a form designated by the City Manager. The employee shall be given due regard in selecting a convenient period to 225

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take scheduled leave, provided it is not in direct conflict with the best interest of the City. Every effort should be made to submit requests two weeks prior to the requested leave.
(b) Unscheduled Leave/Paid Sick Leave: Any leave that is genuinely of an unanticipated nature (i.e., leave due to illness); Unscheduled Leave exceeding five (5) days may require a certificate indicating that the employee was unable to work and may also be required to specify whether the employee can return to work with or without restrictions.

The use of unscheduled leave shall be reported on a form and manner designated by the City Manager. In appropriate or excessive use of unscheduled leave may be grounds for disciplinary action.

11.2.3. Employees accrue General Leave at the following rates:
(a) Full-Time employees in the Competitive Service accrue general leave for each bi-weekly period of service, based on the years of service with the City according to the schedule below. General leave shall be accrued based on actual hours paid during the pay period. For example, if an employee begins work on any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay, the amount of general leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City.

Length of Service
Leave Accrued Each
Bi-weekly Pay Period
(Based on 40 Hrs. Paid)
Leave
Accrued Each
Year
Beginning with the first
month through 5th year (60th month)

6.77 Hours 22 days
Following the 5th year through the
10th year (61st – 120th month)

8.31 Hours 27 days
Following the 10th year through the
15th year (121st month –
180th month)

8.92 Hours 29 days
Following the 15th year
(181st month)

9.54 Hours 31 days
(b) For employees in the Competitive Service scheduled to work between 20 and 40 hours per week, the pro-rata share to be accrued will be the percentage of a regular 40-hour work week which they are scheduled to 226

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work, multiplied by the leave accrued per month, as shown in Sub-section (a) above. For example, an eligible employee scheduled to work 20 hours per week will accrue 50% of the accrual rate in Subsection (a) above, and an employee scheduled to work 30 hours per week will accrue 75% of the accrual rate shown in Subsection (a) above.
(c) Designated Management (i.e., At-will) Employees accrue general leave for each bi-weekly period of service, based on the years of service with the City according to the scheduled below, except that the City Manager shall be granted the authority to assign general leave accrual rates for at-will employees outside the denoted length of service. Exceptions to the standard accrual rate will be considered based on length of service in other organizations. General leave shall be accrued based on actual hours paid during the pay period. For example, if an employee begins work on any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay, the amount of General leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City.

Length of Service Leave Accrued Each
Bi-weekly Pay Period
(Based on 40 Hrs. Paid)
Leave
Accrued Each
Year
Beginning with the first
month through 5th year (60th month)

7.38 Hours 24 days
Following the 5th year through the
10th year (61st – 120th month)

8.31 Hours 27 days
Following the 10th year through the
15th year (121st month –
180th month)

8.92 Hours 29 days
Following the 15th year
(181st month)

9.54 Hours 31 days

11.2.4. No employee shall accrue more than 480 hours of general leave. When an employee's unused leave balance reaches this limit, the employee shall no longer accrue general leave until the balance falls below the maximum accrual limit.

11.2.5. If, during the first twelve (12) months of employment, an employee exhausts all leave accrued, the City Manager may advance an employee up to forty (40) hours of general leave. An advance may only be provided when it is in the best interest of the City and the following conditions are met:
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(a) The request is in writing, stating the reason for the advance; (b) The employee states the date of anticipated return. (c) The advance of leave is part of a hiring process approved by the City Manager.
(d) Any leave that is advanced will be deducted from future accruals. If an employee terminates employment prior to repayment of the advanced leave, the employee is required to reimburse the City for paid salary and benefits which were not earned by the employee.

11.2.3 Any employee separating from City service who has accrued general leave is entitled to be cashed out of their accrued, but unused, General leave at the employee’s hourly rate of pay at the time of separation. When separation is caused by death of an employee, payment will be made to the spouse or the estate of the employee or, in applicable cases, as provided by the Probate Code of the State. General leave will be paid out at the employee's current hourly rate at the time of termination for any unused generalleave.

11.3 General Leave Cash Out
Annually, employees may elect to convert up to eighty (80) hours of accrued general leave into a cash payment, at their base rate of pay in effect at the time of the cash-out.

Opportunities for general leave conversion will occur twice a year (May and December).

Eligibility is contingent on having at least one hundred (100) hours of general leave remaining after the conversion.

Management employees will only be permitted to cash out a total of eighty (80) hours of general leave and administrative leave, cumulatively, each calendar year. See Section 11.10 for information regarding administrative leave cash out.

11.3. Sick Leave

11.3.1. Part-time temporary employees are eligible to accrued sick leave in accordance with the Healthy Family Act of 2014 (CA Paid Sick Leave).

11.3.2. Pursuant to the City's General Leave Plan, regular and probationary full- time employees may earn sick leave only if the employee is ineligible to accrue general leave due to reaching the maximum accruallimit. When a regular or probationary employee has reached the maximum general leave accrual, the employee accrues sick leave at the rate provided for general leave. Once a regular and probationary employee’s general leave accrual is below the maximum accrual limit, the employee will no longer accrue sick 228

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leave and will begin accruing general leave.

11.3.3. Full-time regular and probationary employees may not accrue more than 360 hours of sick leave. When an employee's unused sick leave balance reaches this limit, the employee is no longer eligible to earn sick leave.

11.3.4. Use of accrued sick leave hours, pursuant to the City's General Leave Plan are not considered a right that may be used at an employee's discretion.

The use of sick leave hours is allowed only in case of necessity as defined herein. An employee shall only be eligible to use sick leave hours, as defined in by the General Leave Plan, in the following instances:
(a) For an employee's illness or injury when the illness/injury prevents the employee from working. Leave exceeding five (5) days may require a doctor’s certification indicating that the employee was unable to work.
(b) For an employee's dental, eye, or other physical or medical examination or treatment by a licensed provider.
(c) For family medical purposes when a member of the employee's immediate family is involved. This shall include the family member's illness, accident, medical appointments, or other related occurrences. (d) For victims of domestic violence, sexual assault, or stalking to:
(i) To obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, and welfare of the employee or employee’s child.
(ii) Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. (Labor Code 2230(c); 233(b)(3)(A); 246.5(a)(2))

11.3.5. Employees who use sick leave hours, pursuant to the City's General Leave Plan, will be required to file a request form with the City Manager or designee stating the basis for the absence. The request must be on a form developed and implemented by the City Manager or designee. Once an employee has used half of the sick leave accrued, the City may, within its discretion, request medial certification for any further sick leave use.The medical provider may also be required to specify whether the employee can return to work with or without restrictions. Such release of medical information shall be in compliance with the law.
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11.3.6. If a finding of industrial disability is made in connection with California Public Employees Retirement (CalPERS), employees may not be permitted to exhaust paid sick leave balances prior to retirement unless the City Manager, at sole discretion, approves.

11.3.7. Any employee separating from the City service who has unused sick leave hours, pursuant to the City's General Leave Plan, will not be compensated for any sick leave hours remaining at the time of termination, unless specified through an agreement.

11.4. Family Medical Leave (FMLA)/California Family Rights Act (CFRA) In accordance with the Family and Medical Leave Act of 1993 (FMLA), "California Family Rights Act" (CFRA), and Military Caregiving Leave, eligible employees may take up to a total of twelve (12) work weeks of family and medical leave during a twelve (12) month period for a qualifying event. Please reference the City’s FMLAand CRFA policy for the administering of the leaves.

11.5. Pregnancy Disability Leave
The City shall provide pregnancy disability leave to eligible employee in accordance with applicable law. The City will follow the City’s FMLAand CFRA policy to administer Pregnancy Disability Leave.

11.6. Work Related Injury or Illness Leave
Work Related Injury or Illness Leave shall be granted only after the City's Workers' Compensation administrator has declared the illness/injury to be compensable under the California Workers' Compensation law. The City may grant up to fifty (50) hours of paid time off (per incident) for an employee to attend ongoing medical care/treatment during work hours in conjunction with a work-related injury/illness. Use of Work-Related Injury or Illness Leave hours shall not be considered as a right that may be used at an employee's discretion but shall be allowed only in case of necessity. Employees who use leave hours may be required to provide a written explanation to the City Manager or designee stating the cause of absence and report the hours as instructed on their timesheets. Said explanation shall be on a form developed and implemented by the City Manager or designee. Only regular employees or probationary are eligible for Work Related Injury or Illness Leave. Employees suffering injuries in the course and scope of their work may be entitled to workers' compensation benefits. Employees having questions regarding this rule should contact Human Resources.

11.7. Catastrophic Illness Leave
Upon approval of the City Manager or designee, a catastrophic sick leave bank may be established for the benefit of an employee incapacitated by an extreme or severe illness or 230

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injury. Employees may donate general leave and/or sick leave to another employee in accordance with the City’s Catastrophic Leave Administrative Policy.

11.8. Military Leave
Military Leave shall be granted in accordance with the provisions of state and federal law.

An employee requesting leave for this purpose must, whenever possible, provide in advance the City Manager or designee, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the City may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

11.9. Jury Duty Leave
Employees summoned by state or federal court to jury duty shall be entitled to full pay during the period of jury service. Employees must keep their supervisors informed of their court schedule and provide proof of jury service to the City with their timesheet.

Employees pay any fees received for jury service to the City, except for mileage reimbursement. Jury Duty Leave does not count towards hours worked for purposes of calculating overtime.

11.10. Administrative Leave
Leave in recognition for being required to work hours beyond their regular hours of work to fulfill their employment responsibilities, employees in the Competitive Service, who are designated as FLSA Exempt under these Rules, will be granted on July 1st of each year forty (40) hours of administrative leave Management employees will be granted 64 hours of administrative leave.
(a) On December 1s tof each year, employees who receive administrative leave may choose to be paid a maximum of 50% of their unused administrative leave (i.e., 20 hours for Exempt employees, 32 hours for Management). Payment for this administrative leave will be paid with the first pay period ending date after December 1st of each year.
(b) The use of administrative leave requires the approval of the employee's Department Head and City Manager or designee prior to the absence. A request for scheduled administrative leave should be submitted on a form designated by the City. The employee who has available administrative leave and requests use of administrative leave is permitted to use time off within a reasonable period after making a request if use of leave does not unduly disrupt the operations of the City. Employees should make every effort to submit requests to take administrative leave two (2) weeks prior to the requested leave.
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has no cash value at separation.

11.11. Leave Without Pay
The City in its discretion may permit employees to be on leave without pay (LWOP) not to exceed ninety (90) days. An extension of any leave of absence without pay beyond ninety (90) days may be granted upon approval of the City Manager when such extension of leave is in the best interest of the City. Employees in such status do not accrue benefits, or receive service credit, and may be required to pay for portions or all health and welfare benefits/premiums during the period of their leave without pay status. Employees may take personal leave without pay when required by law.

11.12. Bereavement Leave
The City grants bereavement leave to include leaves of absence with pay up to five (5) workdays where a member of the employee's or spouse's or domestic partner's immediate family dies. The City in its discretion may require some proof that a death in the family has occurred. Bereavement leave is available only within thirty (30) days of a death in the family unless the employee has made arrangements with the City regarding its use at a later date.

11.13. Holidays
The City observes the following legal holidays, which are available to those employed prior to or on the date of the holiday:
(a) New Year's Day
(b) Martin Luther King Jr. Birthday
(c) Presidents Day
(d) Memorial Day
(e) Independence Day
(f) Labor Day
(g) Veteran's Day
(h) Thanksgiving Day
(i) Day After Thanksgiving
(j) Day Before Christmas
(k) Christmas
(I) Day Before New Year's Day
(m) See Benefit Plan for Floating Holidays

11.13.1 In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday. In the event a holiday falls on a Sunday, the following Monday shall be a holiday. In cases where one of two (2) consecutive holidays falls on a weekend day (e.g., the Day before Christmas and Christmas Day/the Day before New Year's and New Year's Day) a conflict may occur with 232

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the paragraph above. In such cases, the City Manager designates the day(s) to be observed as a holiday(s) in lieu of the holiday(s), which falls on Saturday and/or Sunday. The City Manager's designation shall not result in the observation of more total holidays than are approved in the Benefit Plan.

11.13.2 If a non-exempt employee is required to work on a holiday, the employee shall receive pay at time and one-half of their hourly rate for all hours worked, in addition to the holiday pay provided for in this section.

11.13.3 The floating holidays are subject to supervisory approval and may not be carried over to another calendar year and are lost unless used prior to the end of the calendar year.

11.13.4 Part-time employees who occupy authorized half-time or three-quarter time positions and are scheduled to work 20 hours or more per week on a continuous basis shall receive prorated holiday pay for each recognized holiday outlined in this Section, as follows: half-time employees shall receive 4 hours holiday pay; three-quarter time employees shall receive 6 hours of holiday pay.

11.13.5 If a holiday falls on an employee’sregularly scheduled day off, the employee shall be credited eight (8) hours’ timeoff with pay to either their general leave or compensatory time banks.

11.13.6 Designated and floating holidays are credited as eight (8) hours each. If the employee works a schedule with more than eight (8) hours in a workday, the employee must use accumulated vacation or compensatory time to provide the difference between eight (8) hours and the employee’s normal workday. As an alternative, the employee may make up the difference by working the additional time, but only during the work week in which the holiday fell.

11.14 Compensatory Time Off (CTO)
Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked instead of receiving cash payment. CTO may be accrued up to a maximum of 100 hours for regular and probationary non-exempt employees. If an employee reaches the maximum limit, they shall be compensated for all overtime worked. If an employee has accrued any unused CTO at termination, the employee shall be paid for such unused CTO at their regular rate of compensation at termination.
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11.15 School Leave
Employees who are parents, guardians or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not exceeding eight (8) hours in a month, to participate in the child's school activities. The employee must use accrued general leave, floating holiday, administrative leave or compensatory time for this leave.

Prior notice of the need for this leave must be given to the immediate supervisor.

If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to attend a portion of the school day in their child’s classroom, the employee should alert their supervisor or manager as soon as possible before leaving work. In accordance with California Labor Code § 230.7, no adverse action will be taken against an employee who takes time off for this purpose.

11.16 Voting Time
Employees will be granted time off with pay to vote in any general,direct primary or presidential primary election in accordance with the provisions of the Elections Code section 14000. Employees must give notice to their immediate supervisors of their need to take such time off as soon as practical.

11.17 Civic Service Leave
Effective September 2023, civic service leave is being discontinued, in exchange for floating holiday. To convert from a leave type provided on a fiscal year to one given on a calendar year, employees will forfeit 4 hours of the civic service leave granted July 1, 2023, and the other 4 hours, if unused as the time of conversion, will be converted to additional floating holiday time to be used during the 2023 calendar year. Any employee who has used more than 4 hours of civic service leave at the time of conversion will have a reduction in floating holiday hours in 2024 that is proportionate to the excess civic service hours used prior to conversion.

11.18 Time Off for Immediate Family of Victims of Crime Employees who are the immediate family members (spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) or registered domestic partner of a victim of a violent or serious felony may take time off from work in order to attend judicial proceedings related to that crime. The crime must be an offense enumerated in Labor Code Section 230.5(a)(2).

11.19 Leave to Perform Emergency Duties or to Attend Related Training An employee may take leave to perform duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. However, the City does not have to provide this leave if the employee’s absence would hinder the City’s availability to provide public safety or emergency medical services.
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11.20 Unauthorized Leave or Job Abandonment
An unauthorized absence from the work site or failure to report to duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absences may be grounds for disciplinary action, including termination.

11.21 Relocation Expenses
The City Manager shall have the authority to negotiate on behalf of the City relocation expenses for designated management employees, as identified in the Management Positions Except from Competitive Service Resolution. Such expenses may include travel, interim housing, storage, and other relocation expenses as deemed appropriate by the City Manager.

12.TRANSFERS

12.1 A non-probationary City employee with at least satisfactory appraisal ratingsmay request a transfer to a lateral or other lower-level vacant position in the City. The transfer request may be initiated by submitting forms as prescribed by Human Resources. The employee requesting a transfer must meet the minimum qualifications for the vacant position and may be subject to interviews and other pre­employment processes specified by the City. Following reasonable notice to City employees, vacant positions may be filled through transfers rather than appointments from eligible lists.

12.2 The City may initiate a transfer of a disabled employeewho qualifies under applicable disability laws but cannot perform the essential functions of their job without reasonable accommodation. Such transfers will have priority over any eligibles on an existing eligible list.

13. LAYOFF AND RECALL

13.1 Whenever in the sole judgment of the City Council it becomes necessary to abolish any position that is held by a full-time regular employee due to a reorganization, or lack of work or funds, the employee holding that position may be laid off or demoted without disciplinary action and without the right of appeal. Whenever possible, employees will be given at least thirty (30) days’ noticeof any layoff.

13.2 When a layoff involves a position classification held by more than one person, layoffs will be made in a reverse order of seniority. Seniority will be determined by including all periods of full-time regular service at or above the classification level where the layoff is to occur.
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13.3. Persons laid off or demoted in accordance with this Rule will have their names kept on a re-employment list for two (2) full years from the date of layoff or demotion.

The re-employment list will be used by the City when a vacancy arises in the same or lower classification of position in the department where thelayoff originally occurred before seeking promotional and/or general applications from others.

13.4. This Rule does not apply to at-will, part-time or probationary employees.

14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE
The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. (Labor Code § 6400.) The workplace includes any location where City business is conducted, including vehicles and parking lots.

Safety is everyone's responsibility. All employees must use safe work practices and report any unsafe conditions that may occur. Please become familiar with the City’s Workplace Violence Prevention policy.

15. GRIEVANCE PROCEDURE

15.1. The grievance procedure is intended to provide an avenue only for redress of complaints that the City has in some manner violated any of the Personnel Rules.

15.2. The grievance appeal must be initiated by the employee (appellant) within fifteen (15) calendar days of the facts giving rise to the appeal and must be submitted to Human Resources. Failure to initiate an appeal within this time frame will result in denial of the appeal as untimely and void. Human Resources may submit the appeal for response as the first step to a directly involved supervisor or another department representative.

15.3. Appeals must be in writing, signed by the affected appellant(s) and allege that the City has violated a specific provision of these Rules. Appeals must contain the specific facts upon which they are based. Appeals that fail to include these elements may be rejected on that basis. An email may serve as a written appeal.

15.4. Human Resources will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal.

15.5. If the appellant is dissatisfied with the City's first response, the appellant may submit an appeal to the City Manager. The appeal must be received by the City Manager within fifteen (15) calendar days of Human Resources’decision.

15.6. The City Manager, or the City Manager's designee, will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appellant's appeal. The City Manager's decision shall be final. 236

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15.7. No other grievance or appeal procedure may be used for matters within the scope of this appeal procedure.

15.8. Exhaustion of this appeal procedure is intended to provide an informal avenue for redress of complaints relating to these rules, and to give the City an opportunity to investigate the complaint and correct any problems before they become more serious.

16. DISCIPLINE/GENERAL RULES OF CONDUCT

16.1 General Rules of Conduct
It is expected that all employees shall render the best possible serviceto, and reflect credit on, the City. Therefore, the highest standards of professional conduct are essential and expected of all employees.

16.2 Disciplinary Actions
The City of Dublin may invoke the following types of disciplinaryactions:
(a) Official Reprimand
(b) Suspension Without Pay
(c) Reduction in Pay
(d) Demotion
(e) Disciplinary Probation
(f) Discharge/Termination

16.3 Grounds for Discipline

16.3.1. Disciplinary measures may be taken for any good and sufficient cause.

City employees who are employed "at-will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to pre-discipline procedures or appeals under thesepolicies.

16.3.2. Good cause exists not only when there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct by an employee brings discredit to the City, affects the employee's ability to perform assigned duties, causes other employees’ inability to perform their duties, or involves any improper use of their position for personal advantage or the advantage of others. Goodcause also exists if an employee is unable to perform the duties of their position for an extended period. The type of disciplinary action depends on the seriousness of the offense and the relevant employment history of the 237

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employee. Causes for disciplinary action against an employee may include, but are not limited to, the following:
(a) Misstatements or omissions of fact in completion of the employment application or to secure appointment to a
position with the City.
(b) Dishonesty; furnishing knowingly false information in the course of the employee's duties andresponsibilities.
(c) Inefficiency, incompetence, carelessness or negligence in the performance of duties.
(d) Violation of safety rules.
(e) Violation of any of the provisions of these personnel rules and regulations, department rules and regulations, City policies, City ordinances or resolutions.
(f) Inattention to duty.
(g) Tardiness, overstaying lunch periods, or leaving early. (h) Being under the influence of an intoxicating beverage or non- prescription drug, or prescription drugs not authorized by the employee's physician, while on duty or on City property, or any other violations of the City's Drug and Alcohol-Free Workplace policy.
(i) Disobedience to proper authority, refusal or failure to perform assigned work, to comply with a lawful order, or to accept a reasonable and proper assignment from an authorized
supervisor.
(j) Unauthorized soliciting on Cityproperty.
(k) Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has been disapproved, revoked or canceled; or any other unauthorized absence from work.
(l) Conviction of a felony, or a misdemeanor involving moral turpitude, or a violation of a federal, state or local law which negatively impacts the employee's ability to effectively perform their job or brings discredit to the City.
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(m) Discourteous and/or offensive treatment of the public or other employees.
(n) Falsifying any City document or record.
(o) Misuse of City property; improper or unauthorized use of City equipment or supplies; damage to or negligence in the care and handling of City property.
(p) Theft or sabotage of City property.
(q) Sleeping on the job, except as specifically authorized. (r) Accepting bribes or kickbacks.
(s) Intimidation or interference with the rights of any employee. (t) Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively impacts the effective performance of City functions or is not compatible with good public service or interests of the City service.
(u) Failure to obtain and/or maintain the necessary license or certification specified for the position; failure to maintain minimum qualifications for a position including required licenses or certificates.
(v) Abusive or intemperate language toward or in the presence of others in the workplace.
(w) Gambling on the job.
(x) Excessive absenteeism; inability to perform the duties of the position.
(y) Conduct unbecoming a City employee.
(z) Any other conduct of equal gravity to the reasons enumerated above as determined by the City.

The above reasons are indicative and not restrictive. Discharge, suspension, demotion, reduction in pay or other discipline may be based on reasons other than those specifically mentioned above.

16.4 Authority to Discipline

16.4.1. Any authorized supervisory employee may institute disciplinary action for 239

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cause against employees under their control in accordance with the procedures outlined in these Rules.

16.4.2. The City in its discretion may place employees on Paid Administrative Leave. Employees on such leave are subject to the City's instructions during their normal working hours.

16.5. Procedure for Disciplinary Action
In the absence of a process in a Memorandum of Understanding (MOU), employees covered by this Rule are governed by the following provisions.

16.6. Written Notice/ Pre-Discipline Meeting/ Final Action

16.6.1. Written Reprimands
The employee may submit a written response to the reprimand which shall be placed in the employee's personnel file. There is no further right of appeal to a written reprimand. For other discipline, the City shall issue a written notice of intent to discipline (NOI), describing the intended discipline, the basis for the discipline, and attaching any documents upon which the discipline is based.

16.6.2. Minor Discipline
For other discipline that is less severe than a reduction in pay or suspension of six (6) working days, the discipline may be imposed prior to providing the employee a right to respond to the discipline. Within a reasonable time after the discipline is imposed, or before the discipline is imposed, within the City's discretion, the City must provide the employee with NOI, which includes the reasons for the action, a copy of the charges including materials upon which the action is based, and notice of the employee's right to respond, orally or in writing, to the proposed action. If the employee chooses to respond orally, the City Manager, or designee, shall convene a meeting to review the employee's response and position. The employee is entitled to have a representative of choice to attend the meeting. If the City Manager (or designee) decides to reduce the discipline, and if the employee has already served a disciplinary suspension for the offense, the employee will be compensated commensurate with the reduction in discipline. The City Manager's (or designee's) decision is final and there is no further right ofappeal.

16.6.3. Major Discipline
For discipline that is greater in severity than a reduction in pay or suspension of five (5) working days, the employee shall receive notice of the right to respond, either orally or in writing, before discipline is imposed. If the employee wants to respond orally, the City will set a pre- 240

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discipline meeting (Skelly meeting) approximately one (1) week from the date of the NOI, unless a different time and date is set by mutual agreement.

For discipline that is greater in severity than a suspension of five (5) working days, the City Manager, or designee, will convene a pre-discipline meeting (Skelly) to review the employee's response and position before imposing discipline. The employee is entitled to a representative of choice, provided, however, that the inability of a particular representative to attend the meeting is not the cause requiring a continuance of the meeting. At the meeting, the employee will have the opportunity to respond to the charges and to present any new information for consideration by the City.

For discipline that is greater in severity than a suspension of five (5) working days, at some reasonable time after the employee has been provided an opportunity to respond to the NOI, the City shall issue a final notice of decision to discipline (NOD). The NOD will include the final decision, the effective date of the discipline and the facts upon which the discipline is based and notice of the right of appeal.

16.7. Appeal

16.7.1. For discipline that is greater in severity than a suspension of five (5) working days, employees have the right to appeal the NOD. The employee's request for an appeal must be received within seven (7) calendar days from the date of the NOD, or the right to appeal is waived and the discipline becomes final. The request for an appeal of a NOD, does not inhibit the NOD from being implemented.

16.7.2. The appeal will be heard by an outside impartial independent hearing officer to be selected by the City.

The costs of the hearing officer will be borne by the City. The hearing will be transcribed.

16.7.3. The hearing officer has the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and recommendations about the discipline. The hearing officer may recommend an outcome, but the final authority rests with the City Manager. The hearing officer will make detailed findings of facts related to the disciplinary charges in writing and serve a recommended decision on the City and the employee. After consideration of the hearing officer's recommended decision, the City Manager will issue a final decision in 241

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writing. The City Manager's decision is reviewable by administrative writ of mandamus.

17. RESIGNATIONS

17.1. General Provisions
Employees are free to resign from their employment but are encouraged to give at least two (2) weeks’ notice. A resignation becomes effective upon the City's receipt of a written notice of resignation. If no written resignation is tendered, but a resignation is indicated orally, a resignation becomes effective upon the City's notice of acceptance of the resignation. Once a resignation becomes effective, it is irrevocable except that the City Manager may permit a resignation to be rescinded.

17.2. Job Abandonment
A constructive resignation occurs when an employee has been absent from duty for three (3) consecutive workdays without prior authorization, or failed to notice the department of the absence, and did not respond to the City’s inquires, if any, during the absence. The City shall give the employee notice of such constructive resignation. Except for at-will or probationary employees, regular employees who are separated from the City's service by constructive resignation may utilize the City’s Grievance Appealprocedure.

18. NON-DISCRIMINATION AND HARASSMENT
The City of Dublin is committed to providing an environment that is free from harassment and discrimination of any kind, including sexual harassment and harassmentbased on race, color, religion, creed, national origin, ancestry, age, citizenship status, physical or mental disability, medical condition, genetic characteristics or information, marital status, sexual orientation (including homosexuality, bisexuality, or heterosexuality), gender (including gender identity and gender expression), pregnancy (including childbirth, breastfeeding, or related medical conditions), military and veteran status, or membership in any other legally protected category. Therefore, it is important that the City maintain an atmosphere characterized by mutual respect in order to assure fair, courteous treatment for employees and the public. Employees are responsible for reading and understanding the City’s Harassment, Discrimination, Retaliation, and Abusive Conduct Preventionpolicy.

19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES
Employees with a disability may request a reasonable accommodation for that disability.

Such requests should be submitted to the employee's Department Head, or Human Resources. If the employee has a disability as defined under the Fair Employment and Housing Act, the City will engage in an interactive process with the employee to determine an appropriate accommodation for the employee in accordance with applicable law if undue hardship does not result to the City’s operations. To achieve the provisions of this 242

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section and the duties of the law, the City's efforts to reasonably accommodate the employee take precedence over and preempt any other conflicting provisions or limitations in these Rules, provided that the City will not terminate or permanently reassign any regular employee to accommodate another employee. If the City determines that an employee is not able to perform the essential functions of the job, with or without reasonable accommodation, the City may remove the employee from their position and apply for disability retirement for the employee if the employee is eligible. The City will endeavor to retain the employee in an employed status until CalPERS has made its determination regarding the disability retirement application. However, the employee may be in an unpaid status during this period if applicable paid leaves have been exhausted. If the employee fails to cooperate in the disability retirement process, the City may separate the employee from employment.

20. OUTSIDE EMPLOYMENT
City employees may not engage in any outside employment, enterprise or activity that the City determines is in conflict with their duties and responsibilities, or any aspect of City operations. An employee must submit a request for outside employment to their Department Head. The Department Head shall provide a written decision to the employee. The written decision will be provided to Human Resources.

21. VOLUNTEERS

21.1. General Provisions

21.1.1. The City may utilize volunteers for the delivery of City services. The use of volunteers is subject to approval by the City Manager or designee.

Volunteers are subject to fingerprinting according to the City’s Fingerprinting of Employees and Volunteers policy.

21.1.2. Volunteers are not eligible for salaries, benefits or other compensation unless specifically provided for by the City. Subject to approval by the Department Head or City Manager, necessary equipment or uniforms and reimbursement for approved actual expenses and mileage may be provided.

21.2. Employee Volunteers
Subject to approval by the City Manager or designee, employees may volunteer toprovide services to the City outside of their normal duties provided they are not performing the same or similar duties for which they are normally compensated, and the responsibilities are occasional and sporadic. Employees engaging in such volunteer assignments are not entitled tocompensation. Volunteer time shall not be considered for the calculation of overtime.
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22. DRUG AND ALCOHOL-FREE WORKPLACE
The City's workplace is a drug and alcohol-free workplace. Employees may not be at work under the influence of alcohol or drugs, may not use or possess alcohol or drugs while on duty or while on paid standby time and may not sell, manufacture, distribute or provide drugs to any person while on duty. The City has no intention of interfering with the private lives of its employees unless involvement with alcohol and other drugs on or off the job affects job performance or public safety. The City encourages employees to voluntarily seek help with drug and alcohol problems and offers a confidential Employee Assistance Program. Employees are responsible for reading and understanding the City’s Drug and Alcohol-Free Workplace policy.

23. NEPOTISM
No employee, prospective employee, or applicant will be improperly denied employment or benefits of employment on the basis of a relationship as defined below with another employee or official of the City.

Nonetheless, the City retains the right to take appropriate steps to avoid inappropriate working relationships among relatives, including married persons. For administrative purposes, a relative is a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, cousin, niece, nephew, parent-in-law, brother-in-law, sister-in­ law or any other individual related by blood or marriage. The City retains its rightsto:
(a) Refuse to place one party under the direct or indirect supervision of the other party of a relationship.
(b) Refuse to place both parties to a relationship in the same department, division, or facility when such action has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. (c) Exclude one party to a relationship from contributing to, or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions of the other party.
(d) Disqualify one party to a relationship for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information.
(e) Effect a transfer in the event the City learns of circumstances described above.

24. GIFTS AND GRATUITIES
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No employee of the City may solicit or accept, for self or family, favors, benefits, gifts or gratuities under circumstances which might be construed by reasonable persons as influencing the performance of the employee's governmental duties.

25. USE OF INFORMATION AND ELECTRONIC SYSTEMS
Electronic systems are all hardware, software, and other electronic communication or data processing devices owned, leased, or contracted for by the City of Dublin and available for official use by City employees. This use includes, but is not limited to, the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants, smartphones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, global positioning equipment, location devices, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, agency hosted social media, and documentation that supports electronic communications services. Employees are responsible for reading and understanding the City’s Electronic System and Information, Social Media, and Remote Computer Access policies.

26. DRESS CODE
Employees of the City are required to dress appropriately for the jobsthey are performing.

Therefore, the dress regulations contained in this section shall be followed. The City reserves the right to direct any employee who is dressed inappropriately for work to go home and make appropriate changes to their work attire before returning to work. (a) All clothing must be neat, clean and in good repair. (b) Prescribed safety equipment must be worn or utilized where applicable. (c) Footwear must be appropriate for the work environment and functionsbeing performed.
(d) Hair, beards, mustaches and sideburns must be maintained in a neat and well­ groomed fashion.
(e) Jewelry is acceptable except in areas where it constitutes a health or safety hazard.
(f) Good personal hygiene is required.
(g) Dress must be appropriate to the work setting, particularly if the employee deals with the public.
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uniforms shall be worn in a professional manner.
(j) Employees should be mindful of other employees' sensitivity to perfume and other fragrances, and employees shall refrain from wearing fragrances that are offensive or harmful to others.

27. USE OF CITY EQUIPMENT
No City-owned equipment, autos, trucks, instruments, tools,supplies, machines, or any other item that is the property of the City may be used by an employee other than for City business, unless the City Manager or designee approves in advance. No employee may allow any unauthorized person to rent, borrow, or use any City property, except upon prior written approval of the City Manager or designee. For further information, see the City’s Vehicle Use policy.

28. TRAVEL AND TRAINING POLICY

28.1. The City is committed to ensuring that its employees receive adequate training to perform their jobs. Training and travel are subject to department approval. Training opportunities that occur outside normal work hours require approval by the Department Head. Overnight travel also requires approval by the Department Head.

28.2. The City generally requires that training, and attendant travel, be scheduled in a way that will minimize the City's overtime liability. From time to time, the City issues policies that govern these areas. Employees must observe these policies.

28.3. City business travel shall be carried out in an efficient, cost-effective manner resulting in the best value to the City. Telecommunications instead of travel should be considered when possible. The City will pay or reimburse all business travel related expenses based on reasonableness and on the actual amount of expense incurred by the employee pursuant to the City's official Travel and Other Business and Reimbursement of Expenses policy as may be amended. Employees having questions about the City's travel and training policies should contact their supervisor or the Administrative Services Department.

29. MISCELLANEOUS

29.1. City May Amend or Revise Rules and Policies
From time to time the City may adopt new or amended Rules and policies, after appropriate consultation with the City employees.
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29.2. No Contract
These Rules do not create a "contract" of employment between theCity and any employee. Public employment is statutory, not contractual.

29.3. Severability
If any part of these Rules is determined to be unconstitutional or illegal, such part shall be severed from these Rules and the remaining Rules given full force and effect.

29.4. Word Usage
The term "City" as used in these Rules refers to the City of Dublin. Responsibilities and rights of the City under these Rules are exercised by the City Manager and may be delegated by the City Manager.
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Attachment 3
Exhibit B to the Resolution

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Personnel System Rules Last Updated – September 5, 2023 248
Attachment 3
Exhibit B to the Resolution

PERSONNEL RULES CITY OF DUBLIN
Table of Contents

1. INTRODUCTION ...................................................................................................................... 2

2. EMPLOYER / EMPLOYEE RELATIONS .................................................................................... 3

3. DEFINITION OF TERMS ........................................................................................................... 3

4. CLASSIFICATION PLAN ............................................................................................................. 6

5. RECRUITMENT AND SELECTION ......................................................................................... 7

6. PERFORMANCE EVALUATION PROGRAM ........................................................................... 11

7. FITNESS FOR DUTY EVALUATIONS ...................................................................................... 12

8. PERSONNEL FILES .................................................................................................................... 12

9. WAGE AND HOUR BENEFITS ................................................................................................. 13

10. WORKWEEK, CALL-BACK PAY, MEAL PERIODS, ............................................................ 18

11. AND LACTATION BREAK ..................................................................................................... 18

12. LEAVES ....................................................................................................................................... 19

12.TRANSFERS .................................................................................................................................. 30

13. LAYOFF AND RECALL.............................................................................................................. 31

14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE ....................................................... 32

15. GRIEVANCE PROCEDURE ....................................................................................................... 32

16. DISCIPLINE/GENERAL RULES OF CONDUCT .................................................................... 33

17. RESIGNATIONS ........................................................................................................................... 37

18. NON-DISCRIMINATION AND HARASSMENT .................................................................... 38

19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES ....................................................... 38

20. OUTSIDE EMPLOYMENT ........................................................................................................ 39

21. VOLUNTEERS ............................................................................................................................ 39

22. DRUG AND ALCOHOL-FREE WORKPLACE ...................................................................... 39

23. NEPOTISM .................................................................................................................................... 40

24. GIFTS AND GRATUITIES ......................................................................................................... 40

25. USE OF INFORMATION AND ELECTRONIC SYSTEMS ..................................................... 40

26. DRESS CODE .............................................................................................................................. 41

27. USE OF CITY EQUIPMENT ...................................................................................................... 42

28. TRAVEL AND TRAINING POLICY ............................................................................................ 42

29. MISCELLANEOUS ........................................................................................................................ 42 249

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1. INTRODUCTION ........................................................................................................................... 2

2. EMPLOYER / EMPLOYEE RELATIONS .......................................................................................... 3

3. DEFINITION OF TERMS ............................................................................................................... 3

4. CLASSIFICATION PLAN .................................................................................................................. 6

5. RECRUITMENT AND SELECTION ................................................................................................. 7

6. PERFORMANCE EVALUATION PROGRAM................................................................................... 11

7. FITNESS FOR DUTY EVALUATIONS .............................................................................................. 12

8. PERSONNEL FILES ....................................................................................................................... 12

9. WAGE AND HOUR BENEFITS ....................................................................................................... 13

10. WORKWEEK, CALL-BACK PAY, MEAL PERIODS, AND LACTATION BREAK ............................. 17

11. LEAVES ........................................................................................................................................ 19

12. TRANSFERS ................................................................................................................................. 29

13. LAYOFF AND RECALL ................................................................................................................. 30

14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE ............................................................... 31

15. GRIEVANCE PROCEDURE .......................................................................................................... 31

16. DISCIPLINE/GENERAL RULES OF CONDUCT ............................................................................ 32

17. RESIGNATIONS ............................................................................................................................ 36

18. NON-DISCRIMINATION AND HARASSMENT ............................................................................ 37

19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES ............................................................... 37

20. OUTSIDE EMPLOYMENT ............................................................................................................ 38

21. VOLUNTEERS ............................................................................................................................... 38

22. DRUG AND ALCOHOL-FREE WORKPLACE ............................................................................... 38

23. NEPOTISM ................................................................................................................................... 39

24. GIFTS AND GRATUITIES ............................................................................................................. 39

25. USE OF INFORMATION AND ELECTRONIC SYSTEMS ............................................................... 39

26. DRESS CODE ............................................................................................................................... 40

27. USE OF CITY EQUIPMENT ......................................................................................................... 40

28. TRAVEL AND TRAINING POLICY .................................................................................................. 41

29. MISCELLANEOUS ......................................................................................................................... 41

1. INTRODUCTION

1.1. These Personnel Rules (hereafter "Rules") generally describe the employment 250

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relationship between the City of Dublin (City) and its employees. The Rules apply to all employees, except where otherwise indicated in these Rules, or where an applicable memorandum of understanding (MOU), or Resolution, specifically conflicts with a Rule. City Policies are in conjunction with the Rules. Each employee will receive a copy of these Rules and related City Policies and is responsible for reading and adhering to the Rules and Policies.

1.2. These Rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by the City Council.

1.3. The City Manager, or designee is vested with the responsibility to interpret these Rules in the event any provision of these Rules is deemed to be ambiguous.

2. EMPLOYER / EMPLOYEE RELATIONS

2.1. The City's labor relations policies are governed by the Meyers-Milias-Brown Act (MMBA), Government Code section 3500, et seq. The City has in place an Employer-Employee Relations Resolution, which specifies the City's local rules, rights and obligations regarding labor relations.

2.2. Under the City's Employer-Employee Relations Resolution, and the MMBA, the City recognizes certain labor organizations as the exclusive representative for purposes of labor negotiations. For non-represented employees, the City consults in good faith with all employees regarding wages, hours, benefits, working conditions, and other items of mutual interest and provides advance notice of certain matters as specified in the City's Employer-Employee Relations Resolution. Such consultation shall be in accordance with the law.

2.3. City Employee pay schedules and various health and welfare benefits are set forth in the City's Salary and Benefit Plans and are adopted by the City Council.

2.4. Employees having questions concerning matters related to their classification, salary, or health and welfare benefits may contact City's Human Resources directly.

2.4. 3. DEFINITION OF TERMS

All words and terms used in this section and in any City Ordinance or Resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the following words and terms most commonly used are hereinafter defined:

3.1 3.1"Advancement": A salary increase within the limits of a pay range established for a class.”

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3.2 3.2 “Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. 3.2 3.3 3.3 “Appointing Authority": The appointing authority of employees in the Ccompetitive Sservice is the City Manager. The City Manager shall either approve the appointment, removal, promotion or demotion of all City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by Ordinance or Resolution by the City Council.

3.3 3.4 3.4 “Class": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title with common standards of selection, transfer, demotion, and salary. 3.4 3.5 3.5 "Classification Plan": The designation by City Resolution of the City Council of a title for each class, together with the specifications for each class as prepared and maintained by the City Manager, or designee. 3.5 3.6 3.6 "Class Specifications": A written description of a job classification, setting forth the essential characteristics, knowledge, skills, abilities and the requirements of positions allocated to the classification. Such documentation may also be referred to as a Classification Description. 3.6 3.7 3.7 "Competitive Service": All positions of employment in the service of the City except those excluded as specifically set forth in the Dublin Municipal Code Section 2.20.040 (Personnel System) and Council Resolution 84-08 (and any amendments thereto) or its successor. 3.7 3.8 3.8 "Demotion": The movement of an employee from one class to another class having a lower maximum base rate of pay. 3.8 3.9 3.9 "Domestic Partner''. . "Domestic Partner" as defined by the State of California in an appropriate Code Section. 3.9 252

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3.10 3.10 "Eligible": A person whose name is on an employment list. 3.121 "Employment List": (a) Open employment list: A list of names of persons who have taken an open-competitive examination for a class in the Ccompetitive Sservice and have qualified. (b) Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the Ccompetitive Sservice and have qualified. (b) 3.132 "Examination": (a) Open-competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class. 3.143 "Full-Time Position": A position in the Ccompetitive Sservice requires at least forty (40) hours per week. A full-time position may be either temporary or regular. 3.154 "Immediate Family": Means parent, current spouse or domestic partner, child, current stepchild, grandparent, brother, current stepbrother, current brother-in-law, sister, current stepsister, current sister-in-law, current mother-in-law or current father-in­ law. 3.165 "Part-Time Position": A position having a work week of fewer hours than the work week established for full-time positions. A part-time position may be either temporary or regular. 3.176 "Personnel Ordinance": Ordinance which creates a personnel system and rules for the City as codified in the Dublin Municipal Code Title 2. 3.187 "Position": A group of duties and responsibilities in the Ccompetitive Sservice requiring the full-time or part-time employment of one person. 3.198 "Probationary Period": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. During such periodperiod, an 253

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employee is considered at-will and may be terminated at any time without cause. 3.2019 "Promotion": The movement of an employee from one class to another class having a higher maximum base rate of pay. 3.210 "Provisional Appointment": An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six (6) months. 3.221 "Recruitment": (a) Open: A recruitment for a particular class which is open to all persons meeting the qualifications for the classification. (b) Promotional: A recruitment for a particular class which is open only to employees meeting the qualifications for the classification. 3.232 "Regular Employee": An employee in the Ccompetitive Sservice who has successfully completed the probationary period and has been retained as provided in these Rules. 3.243 "Reinstatement": The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non-probationary employee. 3.254 "Temporary Employee": An employee who is appointed to a temporary or a permanent position for a limited period of time. 3.265 "Temporary Position": A full-time or part-time position of limited duration. 3.276 "Transfer": A change of an employee from one position to another position in the same class or in a comparable class. 3.287 "Work Period": A normal work period shall begin at 12:01 a.m., Saturday and shall end at 12:00 midnight on the following Friday. Alternate work periods may be established in accordance with these rules. 4. CLASSIFICATION PLAN

4.1. The City maintains a set of job classification descriptions. Each job classification description includes a class title and a general written description of the duties and responsibilities. Classification descriptions are readily available electronically from the City's internet website, City's internal intranet website and are available upon request to City Human Resources.

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4.2. Job classification descriptions may be abolished or amended from time to time. In addition, new job classification descriptions may be added to the City's classification plan.

4.3. When the assigned duties of a position have been materially changed by the City so as to necessitate reclassification, the affected employees(s) shall be allocated by the City Manager or designee to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant change in assigned duties and responsibilities.

4.4. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, to their immediate supervisor who will work with the Department Head and Human Resources to further evaluate the position.

4.5. The City may utilize temporary or emergency employees in such circumstances as the City deems appropriate. These employees may be assigned to regular or temporary full- or part-time positions during such periods.

5. RECRUITMENT AND SELECTION

5.1. Recruitment

5.1.1. The City may utilize any legitimate recruitment procedure for attracting qualified applicants. Recruitments may be "promotional" or "open," depending on the City's needs.

5.1.2. Consistent with the best interests of the City, all vacancies in the Ccompetitive Sservice shall be filled by promotion from within the Ccompetitive Sservice, after a promotional examination has been given and a promotional list established. The City will give reasonable notice to all of its employees concerning the City's employment opportunities.

5.1.3. If, in the opinion of the City Manager or designee, it is in the best interest of the City, a vacancy in a position may be filled by an open-competitive examination instead of a promotional examination. In that event the City Manager or designee shall arrange for an open-competitive examination and for the preparation and certification of an open-competitive employment list.

5.2. Applications for Employment

5.2.1. Each candidate shall complete those application forms designated by the City. An applicant's failure to provide complete, truthful and accurate information on all application materials shall be grounds for immediate disqualification in 255

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the application process and may result in dismissal from employment.

5.2.2. As part of the pre-employment procedure, applicants may be required to supply references, and a waiver, to enable a thorough background check, including fingerprinting, by the City. The City has the right to conduct a complete and exhaustive background investigation on all applicants seeking employment with the City of Dublin to the extent permitted by law.

5.3. Disqualification or Rejection

5.3.1. The City may reject or disqualify applicants for any legitimate reason. In addition, the City may permanently disqualify applicants from future employment for good cause. In the event of permanent disqualification, the City shall notify the applicant of the action, include a brief description of the reasons, and permit the applicant to appeal pursuant to the procedure specified in these rules. The appeal submission will be maintained with the application file, if requested by the appellant. The appeal procedure is not available to applicants except in cases of permanent disqualification.

5.3.2. Criminal Conduct - Once a conditional job offer has been made, employers are permitted to conduct a criminal history check. However, the City cannot rescind the job offer based on an applicant’s criminal history without going through the following process: 1) Making an individualized assessment that justifies denying the applicant the position. In making such determination, the appointing authority may consider the following factors:

(a) the classification to which the person is applying or being certified and whether the classification is unrelated to the conviction; (a)
(b) the nature and seriousness of the offense;
(b)
(c) the circumstances surrounding the conviction;
(c)
(d) the length of time elapsed since the conviction;
(d)
(e) the age of the person at the time of conviction;
(e)
(f) the presence or absence of rehabilitation or efforts at rehabilitation; (f)
(g) contributingcontributing to social or environmental conditions.

2) Notifying the applicant in writing of a preliminary decision to take back the 256

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offer;

3) Giving the applicant a chance to provide additional information; and

4) Notifying the applicant in writing of a final decision to take back the offer and informing the applicant of the right to complain to California’s Civil Right Department (CRD) of Fair Employment and Housing (DFEH).

5.3.3. An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such an appeal must be in writing and filed with the City Manager or designee within ten (10) days of the date of the notice of disqualification. The City Manager or designee will hear and determine the appeal within ninety (90) calendar days after it is filed. The determination of the City Manager or designee on the appeal is final.

5.4. Testing I Assessment Process

The City may utilize any legitimate method to determine the qualifications of applicants, including, without limitation, written tests, oral examinations, panel interviews, assessment centers and oral interviews. The City may list successful applicants on a "list of eligibles." The list of eligibles will be maintained for the duration specified by the City.

5.5. Appointment

5.5.1. The City may appoint any qualified applicant from the list of eligibles to a regular position in the classification for which the applicant is qualified. Positions may be full- time, or part- time, depending on the needs of the City. In the absence of a list of eligibles, the City may make temporary appointments pending development of a new list. The City endeavors to provide notice to all City employees at least one week in advance of new employment opportunities.

5.5.2. The City in its discretion may permit lateral transfers to a vacant position. The transfer shall be subject to the rules governing transfers. The City endeavors to provide notice of vacant positions for at least one (1) week to ensure opportunities for transfer.

5.5.3. The City may in its discretion cause a new list of eligibles to be generated in the event the City believes that circumstances warrant a new list. Such circumstances include, but not limited to the age of the eligible list; an inadequate number of candidates; and changing job requirements.

5.5.4. In the absence of names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and 257

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experience qualifications for the position. This appointment may be made during the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee. A provisional employee may be removed at any time without the right of appeal or hearing.

5.5.5. A provisional appointee accrues the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee is counted as time toward the fulfillment of the required probationary period.

5.5.6. No special credit will be allowed in meeting any qualifications or in the giving of any test or the establishment of any open competitive/promotional lists, for service rendered under a provisional appointment.

5.6. Probationary Period

5.6.1. Unless a different probationary period is specified in the employment announcement, application, appointment documents or job specification, upon beginning a job in a new classification of employment, employees in the Ccompetitive Sservice who are not at-will must serve a probationary period of twelve (12) months. Periods of time during unpaid absences shall automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding twenty (20) working days shall extend the probationary period by that number of days the probationary employee is on such leave. Only employees in the Ccompetitive Sservice who are not at-will employees are subject to probationary periods. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the City Manager or designee a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory, and their employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the City Manager or designee after the expiration of the selection period.

5.6.2. The City may establish probationary periods exceeding twelve (12) months in duration for positions involving duties and responsibilities that the City believes warrant an extended probationary period. In that event, the City will indicate the probationary period in the job announcement or other application-related materials. Further, with respect to existing classifications, the City must provide advance notice of the probationary period change to the City employees in those classifications. 258

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5.6.3. During the probationary period, probationary employees may be released from City employment at any time, without cause, without right of appeal or hearing. The City is not required to explain the reasons underlying the release from probationary employment. If the City approves, the released probationary employee may be appointed to any vacant position in a classification in which the employee is qualified and performed satisfactorily for at least one (1) year, subject to a new probationary period.

5.6.4. Promotional Probationary Period. When a regular employee is promoted, a promotional probationary period shall begin on the effective date of the promotion. During the probationary period of a promoted employee, the Department Head may recommend that the employee be demoted to the former position, range, and salary if the employee's performance and/or conduct do not meet the standards of the position to which the employee was promoted. Such recommendation is subject to approval by the City Manager or designee. Employees on promotional probation have no rights to tenure in the promotional position and may be returned to their former position without cause, without notice and without right of appeal or hearing. If the former position is not vacant or not available, the employee on promotional probation shall be separated from employment without the right of appeal and placed on the eligibility list for the former position for a twelve (12)-month period. Placement on an eligibility list does not guarantee that the employee will be re-hired to the former position once that position becomes available.

5.6.5. Probationary periods do not apply to "at-will" employment as defined in these Rules, and can be terminated at any time, with or without cause and without right of appeal or hearing.

5.7. At Will

Certain positions in the City are designated "at-will." At-will positions are not subject to the job protections described in these personnel rules, including processes and rules for recruitment, discipline, termination, probationary periods, testing, and appointment from eligible lists. At-will employees are subject to these rules only to the extent that the rules set forth certain benefits and terms and conditions of employment to which all employees are entitled pursuant to applicable law. Other rules applicable to at-will employees are set forth in applicable Council Resolutions. The employment of at-will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating "good cause," and without right of appeal or hearing. Nothing in these Rules affects or changes the at-will nature of employment for the City. 6. PERFORMANCE EVALUATION PROGRAM 259

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6.1. The City requires employees in the Ccompetitive Sservice to undergo performance evaluations periodically throughout their employment. The City shall prescribe appropriate forms for completing performance evaluations.

6.2. The purpose of performance evaluations is to communicate to employees regarding their work performance, and to provide employees an opportunity to discuss their concerns regarding the same.

6.3. All employees shall receive a written performance evaluation six (6) months following the date of hire or promotion. Thereafter, within thirty (30) days of each anniversary date, a written employee performance evaluation will be completed. Employees may also be requested to complete a written self-evaluation of their performance, for discussion with the employee's supervisor. In addition, a performance evaluation may be prepared at any time, at the discretion of the employee's supervisor.

6.4. Each performance evaluation will be discussed with the employee to identify areas of successful performance and those which require improvement. The employee may comment regarding their work performance, either in an attached written statement or orally to the supervisor. Written statements submitted by the employee will be included into the final evaluation document and filed.

The employee must sign the evaluation, which will signify that they are aware of the contents. The employee's signature does not imply agreement with the contents of the evaluation. If the employee refuses to sign the evaluation, a witness will sign as acknowledgment the employee’s refusal to sign the evaluation. . All employee evaluations will be signed by the employee's direct supervisor, the employee's Department Head, and the City Manager, or designee.

6.5. Performance evaluations are kept in employee personnel files. Employees may submit comments or rebuttals to their performance evaluations within thirty (30) calendar days of issuance, and these documents will also be maintained in the personnel files with the performance evaluations.

7. FITNESS FOR DUTY EVALUATIONS

All employees must be physically and mentally capable of performing the essential functions of their jobs. The City, at its expense and selection, may require an employee to undergo a fitness for duty evaluation based on any reasonable cause.

8. PERSONNEL FILES

8.1. The City maintains an official personnel file for each of its employees. Personnel files 260

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contain personnel records deemed necessary for the administration of human resources in the City.

8.2. Personnel files are available for inspection by employees within a reasonable time after an employee's request and without loss of pay, provided that employees make arrangements with their supervisor if the inspection occurs on duty. Upon written request, employees may obtain copies of the materials subject to inspection. The City may preclude inspection of certain information in accordance with the law, such as background and other pre-employment information, and materials relating to investigations.

8.3. The City maintains injury reports and confidential medical records in separate files. No information contained within an employee’s personnel file will be released to a third party unless a waiver has been signed by the employee, except as required by law. Only those documents which have been specifically released by the employee as shown in the waiver will be shown to the third party. 8.3. 9. WAGE AND HOUR BENEFITS

9.1. General Provisions

9.1.1. Wages and benefits are subject to approval by the City Council. Wages and benefit schedules are contained in the City's Salary and Benefit Plans covering the City's classifications. Employees having any questions about employment classifications, wages and benefit schedules should contact City Human Resources.

9.1.2. The City is committed to observing all of its obligations under the Fair Labor Standards Act ("FLSA"). These rules, as well as all applicable provisions in memoranda of understanding, Council Resolutions, and all City pay practices, shall comport with, and shall be interpreted to ensure the minimum requirements of, the FLSA.

9.1.3. The City Manager or designee will designate a workweek for employees in accordance with the law. The usual working hours for City employees shall be 8:00 a.m. to 5:00 p.m. (including a one-hour unpaid lunch break) and a normal workweek consists of forty (40) hours. Some departments may require a different work schedule developed by the Department Head and approved by the City Manager or designee. Alternative or flexible schedules that result in a regular schedule of more than forty (40) hours in a workweek are not permitted. Any flexible day(s) must be taken within the same workweek, must be scheduled as not to interfere with assigned duties, and are subject to approval by the Department Head and/or City Manager. All 261

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alternative or flexible schedules must be reviewed prior to the effective date to ensure compliance with FLSA.

9.1.4. Except when necessary to address an emergency or special circumstance, employees who are entitled to overtime compensation under the law may not work outside of regularly scheduled working hours or during unpaid meal periods without the prior authorization of a supervisor. In any emergency event, employees must report overtime work as soon as possible after the work is performed. Violations of this rule may result in discipline, up to and including termination of employment.

9.1.5. Overtime for eligible employees areis any hours worked in excess of forty (40) hours during a single workweek.

9.1.6. Non-exempt employees, working in excess of the normal forty (40) hour workweek, shall be paid at an hourly rate of one and one-half times the regular hourly rate. Non­exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours comp timeCTO per overtime hour worked instead of receiving cash payment. The decision to receive overtime pay or CTOcomp time credit shall be made at the end of the pay period in which the overtime is worked, provided the employee has not accrued the maximum CTOcomp time allowed. Employees may not convert CTOcomp time to overtime pay except at termination of employment or change in eligibility for CTO accrual. CTO may be accrued up to a maximum as established by these Rules.

9.1.7. For purposes of calculating overtime pay, holidays count as hours worked within a workweek. Paid leaves do not count as hours worked within a workweek. Employees eligible for overtime who take minutes at a City Council, Commission or Committee meeting shall be compensated at one and one-half times their hourly rate for the time they are attending the meeting, regardless of the hours worked in the corresponding workweek.

9.1.8. The City designates as "FLSA Exempt" those employees who work in professional, executive or administrative capacities and who are therefore not entitled to overtime compensation under the FLSA. 9.1.8.9.1.9. In the case of civil disaster, state of extreme emergency or local peril, all employees have the duty and obligation to perform emergency works upon request of proper authority declaring such emergency. The overtime procedures herein established shall not be in effect and compensation procedures shall be determined at the time of such conditions by the City Manager.

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9.2 Pay IncreaseCompensation

9.2.1. Market Rate Adjustments:

9.2.1. All Market Rate Adjustments shall be based on changes in the Consumer Price Index (CPI) or an total compensation annual salary survey, as determined by the City Manager and approved by the City Council.

(a) As provided for in the salary and benefit plan, the City Manager is authorized to assign salaries within a range. The, which range is adopted by the City Council in the Salary Plan.

(b) The Market Rate Adjustments are amount shall be established on an annual basis, pursuant to the Benefit Plan, and subject to approval by City Council. based on the change in the employee's salary range from one fiscal year to the next as determined by a survey and shall not exceed 4% unless an employee's actual salary falls more than 4% below the bottom of the new salary range.

(c)(b) Market Rate Adjustments shall be effective July 1st annually.

(d)(c) The Market Rate Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee.

9.2.2. Merit Adjustments:

9.2.2. Merit Adjustments are separate from Market Rate Adjustments and shall be based entirely on employee performance.

(a) Each fiscal year, the City Manager or designee will determine the maximum Merit Adjustment percentage based on the Council-authorized Salary Plan for all regular employees regularly scheduled to work twenty (20) or more hours per week.

(b) The City Manager or designee will notify all regular employees prior to the start of the fiscal year the amount available for Merit Adjustments.

(c) Any recommendation for a Merit Adjustment shall include a written performance evaluation.

(d) An employee's performance is reported on a form designated by the City Manager or designee. Where applicable, this evaluation also includes input and observations from the employee's supervisor. 263

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(e) Based upon the performance evaluation, the City Manager or designee may authorize an additional Merit Adjustment, provided that adjustment will not create a salary that is greater than the range authorized in the adopted Salary Plan. The amount of the adjustment shall be based on the evaluation presented and any other factors indicating the employee's work performance.

(f) The effective date of any Merit Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee.

9.2.3. Performance Pay Adjustments:

9.2.3. Performance Pay Adjustments are separate from Merit Adjustments and are intended to provide limited pay adjustments given an employee's salary position within the adopted pay range.

(a) An employee shall be eligible for a Performance Pay Adjustment annually, provided the other criteria in this section have been met. This is to allow for a Performance Pay Adjustment in conjunction with an employee's annual review related to the employee's anniversary date.

(b) A Performance Pay Adjustment shall be a one-time wage increase, which will not alter the pay range adopted pursuant to the adopted Salary Plan.

(c) This adjustment may be granted to a regular employee scheduled to work twenty (20) or more hours per week, if the evaluation process followed under provisions for Merit Increases (Section 9.2.2) indicates that the employee's performance is at an exceptional/superior satisfactory level or above, which would warrant a Performance Pay Adjustment beyond the adopted salary range.

(d) A Performance Pay Adjustment shall be at the discretion of the City Manager or designee and will be based on a written performance evaluation and any other factors indicating the employee's work performance.

(e) Performance Pay Adjustments shall be a one-time lump sum payment, based on the score received on the performance evaluation. In exceptional cases, the City Manager may authorize a Performance Pay Adjustment which shall not exceed 9% of the employee's annual 264

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salary. For purposes of this section, the employee's annual salary shall be twelve (12) times the employee's monthly salary prior to the adjustment.

(f) The effective date of any Performance Pay Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee.

9.2.4. Salary Following Promotion:

When an employee is promoted to a position allocated to a classification with a higher salary range, such employee shall generally be placed in the new salary range 5.0% above the previous salary level. Upon recommendation of the Department Director, the City Manager may approve assignment to any other salary within the higher salary range, but never outside the salary range.

9.2.5. Temporary Upgrade/Special Assignment Pay: a. Temporary Upgrade Pay Employees assigned to perform duties of an assignment, in writing by the City Manager or designee, who pursuant to such assignment, assumes and performs all of the ordinary day-to-day duties of a position of a higher classification for at least thirty-one (31) consecutive work days shall be paid an additional 5% of the regular pay of their own classification, or the first step of the higher classification in the classification plan whichever is greater, for all time worked in the assigned higher classification Temporary Upgrade Pay will be limited to 960 hours a fiscal year for assignments in vacant positions qualifying for temporary upgrade pay. Temporary Upgrade Pay is reportable to the California Public Employee Retirement System (CalPERS), as defined by CCR 571(a)(3) for classic CalPERS members, to the extent allowed by law. Work assignments shall not be changed for the sole purpose of evading the requirement of providing temporary upgrade pay to an employee who would otherwise be eligible. The effective date of any change in assignment under this section shall be noted on a Personnel Action Form that must be approved by the City Manager or designee. A Personnel Action Form shall be generated upon the completion of the acting pay status identifying regular pay of an employee’s classification prior to the acting pay authorization. b. Special Assignment Pay
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An employee who is temporarily assigned for a at least thirty-one (31) consecutive workdays to perform significant additional duties outside the scope of the job specification of the employee’s classification, in addition to the employee’s regular job duties, will receive Special Assignment Pay at a rate of five percent (5%) above the employee’s base salary. This pay is not reportable to CalPERS.
(f)

10. WORKWEEK, CALL-BACK PAY, MEAL PERIODS,

10.11. AND LACTATION BREAK

10.1 Workweek

10.1.1 The City's basic standard workweek for full- time employees is forty (40) hours per week, in a seven (7) day period. The workweek generally commences at 12:01 a.m. every Saturday and is a regularly recurring seven (7) day period ending at 12:00 midnight every Friday.

10.1.1 .The workweek for employees on an alternative work schedule may be modified based on individual schedules to accommodate forty (40) hours in a seven (7) day work period. For employees assigned to the 9/80 work schedule, each employee’s designated FLSA workweek shall begin exactly four (4) hours after the start of the employee’s regularly scheduled eight (8) hour shift on the day of the week that corresponds to the employee’s alternating regular day off. The same day of the week shall be permanently designated as the employee’s alternating regular day off.

10.1.2 The City shall establish and may modify regular working hours for its employees. The City may require employees to work overtime and to perform standby responsibilities. Employees shall be responsible for reporting to work on time and observing the work schedule established for their department.

10.2 Call-Back Pay
When an employee, considered non-exempt for the purposes of the Fair Labor Standards Act (FLSA), has completed a normal shift for the day, is on a regular day off, or is on paid leave, and is called back to work, the employee will, upon reporting, receive a minimum of two (2) hours work at the overtime rate (time and one-half), or if two (2) hours of work is not furnished, a minimum of two (2) hours of pay at the overtime rate. Subsequent hours worked under this section, will be paid according to the overtime provision in Section 9 of these Rules. This provision does not apply to instances in which the employee is called to report before the regular starting time and is furnished work until the end of his/her normal shift. The first two (2) hours of call back pay, per occurrence, cannot be taken as compensatory time off and will be paid to the employee as a cash payment. 266

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10.3 Meal Periods
Unless otherwise established for a department for particular employees, employees shall receive a thirty (30) or sixty (60) minute meal period that shall not be compensated. During the meal period, the non-exempt employee must be completely relieved of duties. If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated. Meal periods may not be used to shorten the workday.

10.4 Lactation Break
An employee who wishes to express breast milk for her infant child during her scheduled work hours will receive a reasonable amount of additional unpaid time beyond any compensated rest period. Those desiring to take a lactation break must notify a supervisor prior to taking such a break. . Breaks may be reasonably delayed if they would “seriously disrupt” the City’s operations as those terms are used in Labor Code section 1032. Once a lactation break has been approved, it should not be interrupted except for emergency or exigent circumstances.

For additional information concerning lactation accommodation, see the Lactation Accommodation policy.

11.12. LEAVES

11.1 Leave Overview 11.1.1. Employees are expected to be at work at scheduled times. To ensure public accountability and the integrity of public service, all employees are expected to account for their absences from work. Leave time is chargeable in increments of one­ quarter of an hour (1/4) or fifteen (15) minutes.

11.1.2. Scheduled leaves are subject to approval by the Department Head and scheduled two (2) weeks in advance whenever possible, with due regard for the City’s service needs.

11.1.3. The City may employ any reasonable measure to ensure employees are properly accounting for leaves, including requiring reasonable proof that the basis for the leave is legitimate. Employees may be required to submit a medical certification of sickness supporting a request for sick leave use pursuant to these Rules and City policy. The City may require a fitness for duty certification from any employee returning from leave. Abuse of leave privileges, including working for a secondary employer while on sick leave, may subject an employee to disciplinary action, up to and including termination of employment.

11.1.4. Leave benefits are available only to regular, or probationary, employees 267

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regularly scheduled to work more than 1,040 hours on an annual basis, but not temporary part-time or "extra help" personnel unless otherwise noted.

11.2. General Leave

11.2.1. A General Leave Plan has been established for all employees in the competitive service regularly scheduled to work more than 1,040 hours on an annual basis, in lieu of traditional vacation and sick accrual programs. The City's General Leave Plan conforms with the Healthy Family Act of 2014 (CA Paid Sick Leave). General leave may be used for any leave purpose; however, the following sections govern its use.

11.2.2 General leave falls into two categories: Employees shall give at least two (2) weeks’ notice of a General Leave request. Employees who terminate employment cash out their accrued but unused General Leave at the employee's hourly rate at the time of separation from City service.

(a) Scheduled Leave: Any leave which can be reasonably forecast or anticipated (i.e., vacation leave), scheduled medical/dental appointments, extended weekends, personal leave, etc. (a) Scheduled leave requires the approval of the City Manager or designee prior to the absence. A request for scheduled leave should be submitted on a form designated by the City Manager. The employee shall be given due regard in selecting a convenient period to take scheduled leave, provided it is not in direct conflict with the best interest of the City. Every effort should be made to submit requests two weeks prior to the requested leave.

(b) Unscheduled Leave/Paid Sick Leave: Any leave that is genuinely of an unanticipated nature (i.e., leave due to illness); Unscheduled Leave exceeding five (5) days may require a certificate indicating that the employee was unable to work and may also be required to specify whether the employee can return to work with or without restrictions. .

The use of unscheduled leave shall be reported on a form and manner designated by the City Manager. In appropriate or excessive use of unscheduled leave may be grounds for disciplinary action. (b)

11.2.3. Employees accrue General Leave at the following rates:

(a) Full-Time employees in the Ccompetitive Sservice accrue gGeneral 268

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lLeave for each bi-weekly period of service, based on the years of service with the City accordingaccording to the schedule below. General leave shall be accrued based on actual hours paid during the pay period. For example, iIf an employee begins work on any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay, the amount of gGeneral lLeave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City. (a)

Length of Service
Leave Accrued Each
Bi-weekly Pay Period
(Based on 40 Hrs. Paid)
Leave
Accrued Each
Year
Beginning with the first
month through 5th year (60th month)

6.77 Hours 22 days
Following the 5th year through the
10th year (61st – 120th month)

8.31 Hours 27 days
Following the 10th year through the
15th year (121st month –
180th month)

8.92 Hours 29 days
Following the 15th year
(181st month)

9.54 Hours 31 days

(b) For employees in the Ccompetitive Sservice scheduled to work between 20 and 40 hours per week, the pro-rata share to be accrued will be the percentage of a regular 40- hour work week which they are scheduled to work, multiplied by the leave accrued per month, as shown in Sub-section (a) above. For example, an eligible employee scheduled to work 20 hours per week will accrue 50% of the accrual rate in Subsection (a) above, and an employee scheduled to work 30 hours per week will accrue 75% of the accrual rate shown in Subsection (a) above. The regularly scheduled number of work hours must be designated on the Personnel Action Form.

(c) Designated Management (i.e., At-will) Employees accrue general leave for each bi-weekly period of service, based on the years of service with the City according to the scheduled below, except that the City Manager shall be granted the authority to assign general leave accrual rates for at-will employees outside the denoted length of service. Exceptions to the standard accrual rate will be considered based on length of service in other organizations. General leave shall be accrued based on actual hours paid during the pay period. For example, if an employee begins work on 269

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any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay, the amount of General leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City.

Length of Service Leave Accrued Each
Bi-weekly Pay Period
(Based on 40 Hrs. Paid)
Leave
Accrued Each
Year
Beginning with the first
month through 5th year (60th month)

7.38 Hours 24 days
Following the 5th year through the
10th year (61st – 120th month)

8.31 Hours 27 days
Following the 10th year through the
15th year (121st month –
180th month)

8.92 Hours 29 days
Following the 15th year
(181st month)

9.54 Hours 31 days
(b)

11.2.4. No employee shall accrue more than 480 hours of gGeneral lLeave. When an employee's unused leave balance reaches this limit, the employee shall no longer accrue gGeneral lLeave until the balance falls below the maximum accrual limit.

11.2.5. If, during the first twelve (12) months of employment, an employee exhausts all leave accrued, the City Manager may advance an employee up to forty (40) hours of general leave. An advance may only be provided when it is in the best interest of the City and the following conditions are met:

(a) The request is in writing, stating the reason for the advance; and

(b) The employee states the date of anticipated return.

(c) The advance of leave is part of a hiring process approved by the City Manager.

(d) Any leave that is advanced will be deducted from future accruals. If an employee terminates employment prior to repayment of the advanced leave, the employee is required to reimburse the City for paid salary and benefits which were not earned by the employee.

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11.2.3 Any employee separating from City service who has accrued general leave is entitled to be cashed out of their accrued, but unused, General leave at the employee’s hourly rate of pay at the time of separation. When separation is caused by death of an employee, payment will be made to the spouse or the estate of the employee or, in applicable cases, as provided by the Probate Code of the State. General leave will be paid out at the employee's current hourly rate at the time of termination for any unused general leave.

11.3 General Leave Cash Out

Annually, employees may elect to convert up to eighty (80) hours of accrued general leave into a cash payment, at their base rate of pay in effect at the time of the cash-out.

Opportunities for general leave conversion will occur twice a year (May and December).

Eligibility is contingent on having at least one hundred (100) hours of general leave remaining after the conversion.

Management employees will only be permitted to cash out a total of eighty (80) hours of general leave and administrative leave, cumulatively, each calendar year. See Section 11.10 for information regarding administrative leave cash out.

11.2.5. (a) The request is in writing, stating the reason for the advance; and (b)(a) The employee states the date of anticipated return. (c)(a) The advance of leave is part of a hiring process approved by the City Manager. (a)
Any leave that is advanced will be deducted from future accruals. If an employee terminates employment prior to repayment of the advanced leave, the employee is required to reimburse the City for paid salary and benefits which were not earned by the employee.

11.2.6. Any employee separating from City service who has accrued General Leave is entitled to pay of such general leave. When separation is caused by death of an employee, payment will be made to the spouse or the estate of the employee or, in applicable cases, as provided by the Probate Code of the State. General leave will be paid out at the employee's current hourly rate at time of termination for any unused general leave.

11.3. Sick Leave 11.3.1. Part-time temporary employees are eligible to accrued sSick lLeave in accordance with the Healthy Family Act of 2014 (CA Paid Sick Leave). 11.3.2. Pursuant to the City's General Leave Plan, regular and probationary full- 271

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time employees may earn sSick lLeave only if the employee is ineligible to accrue gGeneral lLeave due to reaching the maximum accrual limit. . When a regular or probationary employee has reached the maximum gGeneral lLeave accrual, the employee accrues sick leave at the rate provided for gGeneral lLeave. . Once a regular and probationary employee’s gGeneral lLeave accrual is below the maximum accrual limit, the employee will no longer accrue sSick lLeave and will begin accruing gGeneral lLeave.

11.3.3. Full-time regular and probationary employees may not accrue more than 360 hours of sick leave. When an employee's unused sick leave balance reaches this limit, the employee is no longer be eligible to earn sick leave.

11.3.4. Use of accrued sick leave hours, pursuant to the City's General Leave Plan, are not considered a right thatwhich may be used at an employee's discretion. The use of sick leave hours is but are allowed only in case of necessity as defined herein. An employee shall only beis eligible to use sick leave hours, as defined in by the General Leave Plan, in the following instances:

(a) For an employee's illness or injury when the illness/injury prevents the employee from working. Leave exceeding five (5) days may require a doctor’s certification indicating that the employee was unable to work.

(b) For an employee's dental, eye, or other physical or medical examination or treatment by a licensed provider.

(c) For family medical purposes when a member of the employee's immediate family is involved. This shall include the family member's illness, accident, medical appointments, or other related occurrences.

(d) For victims of domestic violence, sexual assault, or stalking to:

(i) To obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, and welfare of the employee or employee’s child.

(ii) Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. (Labor Code 2230(c); 233(b)(3)(A); 246.5(a)(2))

11.3.5. Employees who use sick leave hours, pursuant to the City's General Leave Plan, will be required to file a request form with the City Manager or 272

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designee stating the basis for the absence. The request must be on a form developed and implemented by the City Manager or designee. Once an employee has used half of the sick leave accrued, the City may, within its discretion, request medial certification for any further sick leave use. The medical provider may also be required to specify whether the employee can return to work with or without restrictions. Such release of medical information shall be in compliance with the law.

11.3.6. If a finding of industrial disability is made in connection with California Public Employees Retirement (CalPERS), employees may not be permitted to exhaust paid sick leave balances prior to retirement unless the City Manager, at sole discretion, approves.

11.3.7. Any employee separating from the City service who has unused sSick lLeave hours, pursuant to the City's General Leave Plan, will not be compensated for any sSick lLeave hours remaining at the time of termination, unless specified through an individual employment agreement.

11.4. Family Medical Leave (FMLA)/California Family Rights Act (CFRA)

In accordance with the Family and Medical Leave Act of 1993 (FMLA), "California Family Rights Act" (CFRA), and Military Caregiving Leave, eligible employees may take up to a total of twelve (12) work weeks of family and medical leave during a twelve (12) month period for a qualifying event. Please reference the City’s FMLA and CRFA policy for the administering of the leaves.

11.5. Pregnancy Disability Leave

The City shall provide pregnancy disability leave to eligible employee in accordance with applicable law. The City will follow the City’s FMLA and CFRA policy to administer Pregnancy Disability Leave.

11.6. Work Related Injury or Illness Leave

Work Related Injury or Illness Leave shall be granted only after the City's Workers' Compensation administrator has declared the illness/injury to be compensable under the California Workers' Compensation law. The City may grant up to fifty (50) hours of paid time off (per incident) for an employee to attend ongoing medical care/treatment during work hours in conjunction with a work-related injury/illness. Use of Work-Related Injury or Illness Leave hours shall not be considered as a right that may be used at an employee's discretion but shall be allowed only in case of necessity. Employees who use leave hours may be required to provide a written explanation to the City Manager or designee stating the cause of absence and report the hours as instructed on their timesheets. Said explanation shall be on a form developed and implemented by the City Manager or designee. Only regular employees or probationary are eligible for Work Related Injury or 273

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Illness Leave. Employees suffering injuries in the course and scope of their work may be entitled to workers' compensation benefits. Employees having questions regarding this rule should contact Human Resources.

11.7. Catastrophic Illness Leave
Upon approval of the City Manager or designee, a catastrophic sick leave bank may be established for the benefit of an employee incapacitated by an extreme or severe illness or injury. Employees may donate general leave and/or sick leave to another employee in accordance with the City’s Catastrophic Leave Administrative Policy.

11.8. Military Leave Military Leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose must, whenever possible, provide in advance to the City Manager or designee, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. . Within the limits of such orders, the City may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave. 11.9. Jury Duty Leave Employees summoned by state or federal court to jury duty shall be entitled to full pay during the period of jury service. Employees must keep their supervisors informed of their court schedule and provide proof of jury service to the City with their timesheet. Employees pay any fees received for jury service to the City, except for mileage reimbursement. Jury Duty Leave does not count towards hours worked for purposes of calculating overtime.

11.10. Administrative Leave
Leave in recognition for being required to work hours beyond their regular hours of work to fulfill their employment responsibilities, An employees, in the Ccompetitive Sservice, who is are designated as FLSA Exempt under these Rules, will be granted on July 1st of each year forty (40) hours of aAdministrative lLeave in recognition for being required to work hours beyond their regular hours of work to fulfill their employment responsibilities.Management employees will be granted 64 hours of administrative leave.

(a) On December 1s t of each year, exempt employees who receive administrative leave may choose to be paid to a maximum of 50% twenty (20) hours of their unused aAdministrative lLeave (i.e., 20 hours for Exempt employees, 32 hours for Management). Payment for this administrative leave will be paid with the first pay period ending date after December 1st of each year.

(b) The use of aAdministrative lLeave requires the approval of the employee's Department Head and City Manager or designee prior to the absence. A request 274

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for scheduled aAdministrative lLeave should be submitted on a form designated by the City. The employee who has available aAdministrative lLeave and requests use of aAdministrative lLeave is permitted to use time off within a reasonable period after making a request if use of leave does not unduly disrupt the operations of the City. Employees should make every effort to submit requests to take aAdministrative lLeave two (2) weeks prior to the requested leave.

(c) On June 30th of each year, any unused leave is or if an employee terminates employment prior to June 30th employees are required to forfeited. any unused balances of Administrative Leave. Administrative leave has no cash value at separation.

11.11. Leave Without Pay

The City in its discretion may permit employees to be on leave without pay (LWOP) not to exceed ninety (90) days. An extension of any leave of absence without pay beyond ninety (90) days may be granted upon approval of the City Council Manager when such extension of leave is in the best interest of the City. Employees in such status do not accrue benefits, or receive service credit, and may be required to pay for portions or all health and welfare benefits/premiums during the period of their leave without pay status. Employees may take personal leave without pay when required by law.

11.12. Bereavement Leave
The City grants bereavement leave to include leaves of absence with pay up to five (5) workdays where a member of the employee's or spouse's or domestic partner's immediate family dies. The City in its discretion may require some proof that a death in the family has occurred. Bereavement leave is available only within thirty (30) days of a death in the family, unless the employee has made arrangements with the City regarding its use at a later date.

11.13. Holidays

The City observes the following legal holidays, which are available to those employed prior to or on the date of the holiday:
(a) New Year's Day
(b) Martin Luther King Jr. Birthday
(c) Presidents Day
(d) Memorial Day
(e) Independence Day
(f) Labor Day
(g) Veteran's Day
(h) Thanksgiving Day
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(i) Day After Thanksgiving
(j) Day Before Christmas
(k) Christmas
(I) Day Before New Year's Day
(m) See Benefit Plan for Floating Holidays (two (2) eight-hour holidays per calendar year)

11.13.1 In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday. In the event a holiday falls on a Sunday, the following Monday shall be a holiday. In cases where one of two (2) consecutive holidays falls on a weekend day (e.g., the Day before Christmas and Christmas Day/the Day before New Year's and New Year's Day) a conflict may occur with the paragraph above. In such cases, the City Manager designates the day(s) to be observed as a holiday(s) in lieu of the holiday(s), which falls on Saturday and/or Sunday. The City Manager's designation shall not result in the observation of more total holidays than are approved in the Benefit Plan.

11.13.2 If a non-exempt employee is required to work on a holiday, the employee shall be compensated straight time rate for the first eight (8) hours of work and in addition, shall receive pay at time and one-half of their hourly rate for all hours worked, in addition to the holiday pay provided for in this section. in lieu of time off for said holiday.

11.13.3 The floating holidays are subject to supervisory approval and may not be carried over to another calendar year and are lost unless used prior to the end of the calendar year. 11.13.4 Part-time employees who occupy authorized half-time or three-quarter time positions and are scheduled to work 20 hours or more per week on a continuous basis shall receive prorated holiday pay for each recognized holiday outlined in this Section, as follows: half-time employees shall receive 4 hours holiday pay; three-quarter time employees shall receive 6 hours of holiday pay. 11.13.5 If a holiday falls on an employee’s regularly scheduled day off, the employee shall be credited eight (8) hours’ time off with pay to either their general leave or compensatory time banks. 11.13.6 Designated and floating holidays are credited as eight (8) hours each. If the employee works a schedule with more than eight (8) hours in a workday, the employee must use accumulated vacation or compensatory time to provide the difference between eight (8) hours and the employee’s normal workday. As an alternative, the employee may make up the difference by working the additional time, but only during the work week in which the 276

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holiday fell.

11.14. Compensatory Time Off (CTO)
Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTOcomp time per overtime hour worked instead of receiving cash payment. CTO may be accrued up to a maximum of 100 hours for regular and probationary non-exempt employees. If an employee reaches the maximum limit, they shall be compensated for all overtime worked. If an employee has accrued any unused CTO at termination, the employee shall be paid for such unused CTO at their regular rate of compensation at termination.

11.15 . School Leave

Employees who are parents, guardians or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not exceeding eight (8) hours in a month, to participate in the child's school activities. The employee must use accrued gGeneral lLeave, floating holiday, aAdministrative lLeave or cCompensatory tTime for this leave. Prior notice of the need for this leave must be given to the immediate supervisor. If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to attend a portion of the school day in their child’s classroom, the employee should alert their supervisor or manager as soon as possible before leaving work. In accordance with California Labor Code § 230.7, no adverse action will be taken against an employee who takes time off for this purpose. 11.16. Voting Time

Employees will be granted time off with pay to vote in any general, direct primary or presidential primary election in accordance with the provisions of the Elections Code section 14000. Employees must give notice to their immediate supervisors of their need to take such time off as soon as practical.

11.17. Civic Service Leave
Civic Service Leave is available every Fiscal Year to employees for qualified volunteer service during the workweek pursuant to the Benefit Plan. On June 30th of each year, or if an employee terminates employment prior to June 30th, employee shall forfeit any unused balance of Civic Service Leave. Prior request of the need for this leave must be given to the immediate supervisor. Said request form shall be on a form developed and implemented by the City Manager or designee.

Effective September 2023, civic service leave is being discontinued, in exchange for floating holiday. To convert from a leave type provided on a fiscal year to one given on a calendar year, 277

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employees will forfeit 4 hours of the civic service leave granted July 1, 2023, and the other 4 hours, if unused as the time of conversion, will be converted to additional floating holiday time to be used during the 2023 calendar year. Any employee who has used more than 4 hours of civic service leave at the time of conversion will have a reduction in floating holiday hours in 2024 that is proportionate to the excess civic service hours used prior to conversion.

11.18. Time Off for Immediate Family of Victims of Crime

Employees who are the immediate family members (spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) or registered domestic partner of a victim of a violent or serious felony may take time off from work in order to attend judicial proceedings related to that crime. The crime must be an offense enumerated in Labor Code Section 230.5(a)(2).

11.19 Leave to Perform Emergency Duties or to Attend Related Training

An employee may take leave to perform duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. However, the City does not have to provide this leave if the employee’s absence would hinder the City’s availability to provide public safety or emergency medical services.

11.20. Unauthorized Leave or Job Abandonment
An unauthorized absence from the work site or failure to report to duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave, shall be without pay. . Such absences may be grounds for disciplinary action, including termination.

11.21 Relocation Expenses

The City Manager shall have the authority to negotiate on behalf of the City relocation expenses for designated management employees, as identified in the Management Positions Except from Competitive Service Resolution. Such expenses may include travel, interim housing, storage, and other relocation expenses as deemed appropriate by the City Manager.

12.TRANSFERS/ACTING PAY

12.1. A non-probationary City employee with at least satisfactory appraisal ratings may request a transfer to a lateral or other lower- level vacant position in the City. The transfer request may be initiated by submitting forms as prescribed by Human Resources. The employee requesting a transfer must meet the minimum qualifications for the vacant position and may be subject to interviews and other pre­ employment processes specified by the City. Following reasonable notice to City employees, vacant positions may be filled through transfers rather than appointments from eligible lists. 278

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12.2. The City may initiate a transfer of a disabled employee who qualifies under applicable disability laws but cannot perform the essential functions of their job without reasonable accommodation. Such transfers will have priority over any eligibles on an existing eligible list.

12.3. Acting Pay Employees assigned to perform duties of an assignment, in writing by the City Manager or designee, who pursuant to such assignment, assumes and performs all of the ordinary day-to-day duties of a position of a higher classification for at least thirty-one (31) consecutive work days shall be paid an additional 5% of the regular pay of their own classification, or the first step of the higher classification in the classification plan whichever is greater, for all time worked in the assigned higher classification.

Work assignments shall not be changed for the sole purpose of evading the requirement of providing acting pay to an employee who would otherwise be eligible. The effective date of any change in assignment under this section shall be noted on a Personnel Action Form that must be approved by the City Manager or designee. A Personnel Action Form shall be generated upon the completion of the acting pay status identifying regular pay of an employee’s classification prior to the acting pay authorization.

13. LAYOFF AND RECALL

13.1 Whenever in the sole judgment of the City Council it becomes necessary to abolish any position that is held by a full- time regular employee due to a reorganization, or lack of work or funds, the employee holding that position may be laid off or demoted without disciplinary action and without the right of appeal. Whenever possible, employees will be given at least thirty (30) days’ notice of any layoff.

13.2 When a layoff involves a position classification held by more than one person, layoffs will be made in a reverse order of seniority. Seniority will be determined by including all periods of full-time regular service at or above the classification level where the layoff is to occur.

13.3. Persons laid off or demoted in accordance with this Rule will have their names kept on a re-employment list for two (2) full years from the date of layoff or demotion. The re-employment list will be used by the City when a vacancy arises in the same or lower classification of position in the department where the layoff originally occurred before seeking promotional and/or general applications from others.

13.4. This Rule does not apply to at-will, part-time or probationary employees.

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14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE

The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. (Labor Code § 6400.) The workplace includes any location where City business is conducted, including vehicles and parking lots.

Safety is everyone's responsibility. . All employees must use safe work practices and report any unsafe conditions that may occur. . Please become familiar with the City’s Workplace Violence Prevention policy.

15. GRIEVANCE PROCEDURE

15.1. The grievance procedure is intended to provide an avenue only for redress of complaints that the City has in some manner violated any of the Personnel Rules.

15.2. The grievance appeal must be initiated by the employee (appellant) within fifteen (15) calendar days of the facts giving rise to the appeal and must be submitted to Human Resources. Failure to initiate an appeal within this time frame will result in denial of the appeal as untimely and void. Human Resources may submit the appeal for response as the first step to a directly involved supervisor or another department representative.

15.3. Appeals must be in writing, signed by the affected appellant(s) and allege that the City has violated a specific provision of these Rules. Appeals must contain the specific facts upon which they are based. Appeals that fail to include these elements may be rejected on that basis. . An email may serve as a written appeal.

15.4. Human Resources will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal.

15.5. If the appellant is dissatisfied with the City's first response, the appellant may submit an appeal to the City Manager. The appeal must be received by the City Manager within fifteen (15) calendar days of Human Resources’ decision.

15.6. The City Manager, or the City Manager's designee, will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appellant's appeal. The City Manager's decision shall be final.

15.7. No other grievance or appeal procedure may be used for matters within the scope of this appeal procedure.

15.8. Exhaustion of this appeal procedure is intended to provide an informal avenue for redress of complaints relating to these rules, and to give the City an opportunity to investigate the complaint and correct any problems before they become more serious. 280

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16. DISCIPLINE/GENERAL RULES OF CONDUCT

16.1. General Rules of Conduct

It is expected that all employees shall render the best possible service to, and reflect credit on, the City. Therefore, the highest standards of professional conduct are essential and expected of all employees.

16.2 . Disciplinary Actions

The City of Dublin may invoke the following types of disciplinary actions:

(a) Official Reprimand
(b) Suspension Without Pay
(c) Reduction in Pay
(d) Demotion
(e) Disciplinary Probation
(f) Discharge/Termination

16.3 . Grounds for Discipline

16.3.1. Disciplinary measures may be taken for any good and sufficient cause. City employees who are employed "at-will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to pre-discipline procedures or appeals under these policies.

16.3.2. Good cause exists not only when there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct by an employee brings discredit to the City, affects the employee's ability to perform assigned duties, causes other employees’ inability to perform their duties, or involves any improper use of their position for personal advantage or the advantage of others. Good cause also exists if an employee is unable to perform the duties of their position for an extended period of time. The type of disciplinary action depends on the seriousness of the offense and the relevant employment history of the employee. Causes for disciplinary action against an employee may include, but are not limited to, the following:
(a) Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the City. (b) Dishonesty; furnishing knowingly false information in the 281

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course of the employee's duties and responsibilities. (c) Inefficiency, incompetence, carelessness or negligence in the performance of duties. (d) Violation of safety rules.

(e) Violation of any of the provisions of these personnel rules and regulations, department rules and regulations, City policies, City ordinances or resolutions.

(f) Inattention to duty. (g) Tardiness, overstaying lunch periods, or leaving early. (h) Being under the influence of an intoxicating beverage or non-prescription drug, or prescription drugs not authorized by the employee's physician, while on duty or on City property, or any other violations of the City's Drug and Alcohol-Free Workplace policy.

(i) Disobedience to proper authority, refusal or failure to perform assigned work, to comply with a lawful order, or to accept a reasonable and proper assignment from an authorized supervisor. (j) Unauthorized soliciting on City property. (k) Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has been disapproved, revoked or canceled; or any other unauthorized absence from work. (l) Conviction of a felony, or a misdemeanor involving moral turpitude, or a violation of a federal, state or local law which negatively impacts the employee's ability to effectively perform their job or brings discredit to the City. (m) Discourteous and/or offensive treatment of the public or other employees. (n) Falsifying any City document or record. (o) Misuse of City property; improper or unauthorized use of City equipment or supplies; damage to or negligence in the care and handling of City property. 282

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(p) Theft or sabotage of City property. (q) Sleeping on the job, except as specifically authorized. (r) Accepting bribes or kickbacks. (s) Intimidation or interference with the rights of any employee. (t) Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively impacts the effective performance of City functions or is not compatible with good public service or interests of the City service. (u) Failure to obtain and/or maintain the necessary license or certification specified for the position; failure to maintain minimum qualifications for a position including required licenses or certificates. (v) Abusive or intemperate language toward or in the presence of others in the workplace. (w) Gambling on the job. (x) Excessive absenteeism; inability to perform the duties of the position. (y) Conduct unbecoming a City employee.
(z) Any other conduct of equal gravity to the reasons enumerated above as determined by the City.

The above reasons are indicative and not restrictive. Discharge, suspension, demotion, reduction in pay or other discipline may be based on reasons other than those specifically mentioned above.

16.4. Authority to Discipline

16.4.1. Any authorized supervisory employee may institute disciplinary action for cause against employees under their control in accordance with the procedures outlined in these Rules.

16.4.2. The City in its discretion may place employees on Ppaid Administrative Leave. Employees on such leave are subject to the City's instructions during their normal working hours.

16.5. Procedure for Disciplinary Action
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In the absence of a process in a Memorandum of Understanding (MOU), employees covered by this Rule are governed by the following provisions.

16.6. Written Notice/ Pre-Discipline Meeting/ Final Action

16.6.1. Written Reprimands The employee may submit a written response to the reprimand which shall be placed in the employee's personnel file. There is no further right of appeal to a written reprimand. For other discipline, the City shall issue a written notice of intent to discipline (NOI), describing the intended discipline, the basis for the discipline, and attaching any documents upon which the discipline is based.

16.6.2. Minor Discipline For other discipline that is less severe than a reduction in pay or suspension of six (6) working days, the discipline may be imposed prior to providing the employee a right to respond to the discipline. Within a reasonable time after the discipline is imposed, or before the discipline is imposed, within the City's discretion, the City must provide the employee with NOI, which includes the reasons for the action, a copy of the charges including materials upon which the action is based, and notice of the employee's right to respond, orally or in writing, to the proposed action. If the employee chooses to respond orally, the City Manager, or designee, shall convene a meeting to review the employee's response and position. The employee is entitled toto have a representative of choice to attend the meeting. If the City Manager (or designee) decides to reduce the discipline, and if the employee has already served a disciplinary suspension for the offense, the employee will be compensated commensurate with the reduction in discipline. The City Manager's (or designee's) decision is final and there is no further right of appeal.

16.6.3. Major Discipline For discipline that is greater in severity than a reduction in pay or suspension of five (5) working days, the employee shall receive notice of the right to respond, either orally or in writing, before discipline is imposed. If the employee wants to respond orally, the City will set a pre-discipline meeting (Skelly meeting) approximately one (1) week from the date of the NOI, unless a different time and date is set by mutual agreement.

For discipline that is greater in severity than a suspension of five (5) working days, the City Manager, or designee, will convene a pre-discipline meeting (Skelly) to review the employee's response and position before 284

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imposing discipline. The employee is entitled to a representative of choice, provided, however, that the inability of a particular representative to attend the meeting is not the cause requiring a continuance of the meeting. At the meeting, the employee will have the opportunity to respond to the charges and to present any new information for consideration by the City.

For discipline that is greater in severity than a suspension of five (5) working days, at some reasonable time after the employee has been provided an opportunity to respond to the NOI, the City shall issue a final notice of decision to discipline (NOD). The NOD will include the final decision, the effective date of the discipline and the facts upon which the discipline is based and notice of the right of appeal.

16.7. Appeal

16.7.1. For discipline that is greater in severity than a suspension of five (5) working days, employees have the right to appeal the NOD. The employee's request for an appeal must be received within seven (7) calendar days from the date of the NOD, or the right to appeal is waived and the discipline becomes final. . The request for an appeal of a NOD, does not inhibit the NOD from being implemented.

16.7.2. The appeal will be heard by an outside impartial independent hearing officer to be selected by the City.

The costs of the hearing officer will be borne by the City. The hearing will be transcribed.

16.7.3. The hearing officer has the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and recommendations about the discipline. The hearing officer may recommend an outcome, but the final authority rests with the City Manager. The hearing officer will make detailed findings of facts related to the disciplinary charges in writing and serve a recommended decision on the City and the employee. After consideration of the hearing officer's recommended decision, the City Manager will issue a final decision in writing. The City Manager's decision is reviewable by administrative writ of mandamus.

17. RESIGNATIONS

17.1. General Provisions

Employees are free to resign from their employment but are encouraged to give at least 285

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two (2) weeks’ notice. A resignation becomes effective upon the City's receipt of a written notice of resignation. If no written resignation is tendered, but a resignation is indicated orally, a resignation becomes effective upon the City's notice of acceptance of the resignation. Once a resignation becomes effective, it is irrevocable except that the City Manager may permit a resignation to be rescinded.

17.2. Job Abandonment

A constructive resignation occurs when an employee has been absent from duty for three (3) consecutive workdays without prior authorization, or failed to notice the department of the absence, and did not respond to the City’s inquires, if any, during the absence. The City shall give the employee notice of such constructive resignation. Except for at-will or probationary employees, regular employees who are separated from the City's service by constructive resignation may utilize the City’s Grievance Appeal procedure.

18. NON-DISCRIMINATION AND HARASSMENT

The City of Dublin is committed to providing an environment that is free from harassment and discrimination of any kind, including sexual harassment and harassment based on race, color, religion, creed, national origin, ancestry, age, citizenship status, physical or mental disability, medical condition, genetic characteristics or information, marital status, sexual orientation (including homosexuality, bisexuality, or heterosexuality), gender (including gender identity and gender expression), pregnancy (including childbirth, breastfeeding, or related medical conditions), military and veteran status, or membership in any other legally protected category. Therefore, it is important that the City maintain an atmosphere characterized by mutual respect in order to assure fair, courteous treatment for employees and the public. . Employees are responsible for reading and understanding the City’s Harassment, Discrimination, Retaliation, and Abusive Conduct Prevention policy.

19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES

Employees with a disability may request a reasonable accommodation for that disability. Such requests should be submitted to the employee's Department Head, or Human Resources. If the employee has a disability as defined under the Fair Employment and Housing Act, the City will engage in an interactive process with the employee to determine an appropriate accommodation for the employee in accordance with applicable law if undue hardship does not result to the City’s operations. To achieve the provisions of this section and the duties of the law, the City's efforts to reasonably accommodate the employee take precedence over and preempt any other conflicting provisions or limitations in these Rules, provided that the City will not terminate or permanently reassign any regular employee to accommodate another employee. If the City determines that an employee is not able to perform the essential functions of the job, with or without reasonable accommodation, the City may remove the employee from their position and apply for disability retirement for the employee, ifemployee if the employee is eligible. The 286

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City will endeavor to retain the employee in an employed status until CalPERS has made its determination regarding the disability retirement application. However, the employee may be in an unpaid status during this period if applicable paid leaves have been exhausted. If the employee fails to cooperate in the disability retirement process, the City may separate the employee from employment.

20. OUTSIDE EMPLOYMENT

City employees may not engage in any outside employment, enterprise or activity that the City determines is in conflict with their duties and responsibilities, or any aspect of City operations. An employee must submit a request for outside employment to their Department Head. . The Department Head shall provide a written decision to the employee. . The written decision will be provided to Human Resources.

21. VOLUNTEERS

21.1. General Provisions

21.1.1. The City may utilize volunteers for the delivery of City services. The use of volunteers is subject to approval by the City Manager or designee. Volunteers are subject to fingerprinting according to the City’s Fingerprinting of Employees and Volunteers policy.

21.1.2. Volunteers are not eligible for salaries, benefits or other compensation unless specifically provided for by the City. Subject to approval by the Department Head or City Manager, necessary equipment or uniforms and reimbursement for approved actual expenses and mileage may be provided.

21.2. Employee Volunteers

Subject to approval by the City Manager or designee, employees may volunteer to provide services to the City outside of their normal duties provided they are not performing the same or similar duties for which they are normally compensated, and the responsibilities are occasional and sporadic. Employees engaging in such volunteer assignments are not entitled to compensation. . Volunteer time shall not be considered for the calculation of overtime.

22. DRUG AND ALCOHOL-FREE WORKPLACE

The City's workplace is a drug and alcohol-free workplace. . Employees may not be at work under the influence of alcohol or drugs, may not use or possess alcohol or drugs while on duty or while on paid standby time and may not sell, manufacture, distribute or provide drugs to any person while on duty. . The City has no intention of interfering with the private lives of its 287

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employees unless involvement with alcohol and other drugs on or off the job affects job performance or public safety. . The City encourages employees to voluntarily seek help with drug and alcohol problems and offers a confidential Employee Assistance Program. .

Employees are responsible for reading and understanding the City’s Drug and Alcohol-Free Workplace policy.

23. NEPOTISM

No employee, prospective employee, or applicant will be improperly denied employment or benefits of employment on the basis of a relationship as defined below with another employee or official of the City.

Nonetheless, the City retains the right to take appropriate steps to avoid inappropriate working relationships among relatives, including married persons. For administrative purposes, a relative is a spouse, domestic partner, child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, cousin, niece, nephew, parent-in-law, brother-in-law, sister-in­ law or any other individual related by blood or marriage. The City retains its rights to:
(a) Refuse to place one party under the direct or indirect supervision of the other party of a relationship.

(b) Refuse to place both parties to a relationship in the same department, division, or facility when such action has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest.

(c) Exclude one party to a relationship from contributing to, or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions of the other party.

(d) Disqualify one party to a relationship for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information.

(e) Effect a transfer in the event the City learns of circumstances described above.

24. GIFTS AND GRATUITIES

No employee of the City may solicit or accept, for self or family, favors, benefits, gifts or gratuities under circumstances which might be construed by reasonable persons as influencing the performance of the employee's governmental duties.

25. USE OF INFORMATION AND ELECTRONIC SYSTEMS
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Electronic systems are all hardware, software, and other electronic communication or data processing devices owned, leased, or contracted for by the City of Dublin and available for official use by City employees. This use includes, but is not limited to, the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants, smartphones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, global positioning equipment, location devices, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, agency hosted social media, and documentation that supports electronic communications services. Employees are responsible for reading and understanding the City’s Electronic System and Information, Social Media, and Remote Computer Access policies.

26. DRESS CODE

Employees of the City are required to dress appropriately for the jobs they are performing. Therefore, the dress regulations contained in this section shall be followed. . The City reserves the right to direct any employee who is dressed inappropriately for work to go home and make appropriate changes to their work attire before returning to work.

(a) All clothing must be neat, clean and in good repair.

(b) Prescribed safety equipment must be worn or utilized where applicable.

(c) Footwear must be appropriate for the work environment and functions being performed.

(d) Hair, beards, mustaches and sideburns must be maintained in a neat and well­ groomed fashion.

(e) Jewelry is acceptable except in areas where it constitutes a health or safety hazard.

(f) Good personal hygiene is required.

(g) Dress must be appropriate to the work setting, particularly if the employee deals with the public.

(h) Employees may be required to wear uniforms specified by the City. City uniforms shall be worn in a professional manner. (j) Employees should be mindful of other employees' sensitivity to perfume and other fragrances, and employees shall refrain from wearing fragrances that are offensive or harmful to others.

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27. USE OF CITY EQUIPMENT

No City-owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item that is the property of the City may be used by an employee other than for City business, unless the City Manager or designee approves in advance. No employee may allow any unauthorized person to rent, borrow, or use any City property, except upon prior written approval of the City Manager or designee. For further information, see the City’s Vehicle Use policy.

28. TRAVEL AND TRAINING POLICY

28.1. The City is committed to ensuring that its employees receive adequate training to perform their jobs. Training and travel are subject to department approval. Training opportunities that occur outside normal work hours require approval by the Department Head. Overnight travel also requires approval by the Department Head.

28.2. The City generally requires that training, and attendant travel, be scheduled in a way that will minimize the City's overtime liability. From time to time, the City issues policies that govern these areas. Employees must observe these policies.

28.3. City business travel shall be carried out in an efficient, cost-effective manner resulting in the best value to the City. Telecommunications instead of travel should be considered when possible. The City will pay or reimburse all business travel related expenses based on reasonableness and on the actual amount of expense incurred by the employee pursuant to the City's official Travel and Other Business and Reimbursement of Expenses policy as may be amended. Employees having questions about the City's travel and training policies should contact their supervisor or the Administrative Services Department.

29. MISCELLANEOUS

29.1. City May Amend or Revise Rules and Policies

From time to time the City may adopt new or amended Rules and policies, after appropriate consultation with the City employees.

29.2. No Contract

These Rules do not create a "contract" of employment between the City and any employee. Public employment is statutory, not contractual. 290

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29.3. Severability

If any part of these Rules is determined to be unconstitutional or illegal, such part shall be severed from these Rules and the remaining Rules given full force and effect. 29.4. Word Usage

The term "City" as used in these Rules refers to the City of Dublin. Responsibilities and rights of the City under these Rules are exercised by the City Manager and may be delegated by the City Manager.

ACKNOWLEDGEMENT

☐ I certify that I have received and read the contents of The City of Dublin’s Personnel Rules 2020.

Employee Name: Date:

Signature:

Please complete the fields above to confirm acknowledgement of the personnel rules and return this page to Human Resources to [email protected].

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Attachment 4
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. XX - 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE BENEFIT PLAN

IN ACCORDANCE WITH PERSONNEL RULES
WHEREAS, the City Council adopts Personnel System Rules for employees of the City; and
WHEREAS, the provision of employee benefits assists the City in attracting and retaining quality employees; and
WHEREAS, the Personnel System Rules require the City Council to adopt a Benefit Plan; and
WHEREAS, the identification of benefits in a single document will assist with the administration of the personnel system; and
WHEREAS, the following benefit provisions shall be established in accordance with the City of Dublin Personnel Rules; and
WHEREAS, the Benefit Plan was last adopted by Resolution 61-20, and subsequent amendments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend the Benefit Plan, attached hereto as Exhibit A, which shall supersede the Benefit Plan adopted by Resolution 61-20 and any subsequent amendments.

BE IT FURTHER RESOLVED that the City of Dublin Benefit Plan, attached hereto as Exhibit A, shall be effective July 1, 2023.

PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Attachment 5
Exhibit A to the Resolution
City of Dublin Benefit Plan
Revision Date: July 1, 2023
City of Dublin
Employee Benefit Plan
Established – July 1, 2023
293
Attachment 5
Exhibit A to the Resolution
City of Dublin Benefit Plan
Revision Date: July 1, 2023
Table of Contents
Section 1 – Eligible Employees: ..............................................................................................................1 Section 2 – Market Rate Adjustments and Consumer Price Index (CPI) Adjustments: ..........................1 Section 3 – Merit-Based Salary Adjustments: .........................................................................................2 Section 4 – Performance Pay Adjustments: .............................................................................................2 Section 5 – Medical Insurance: ................................................................................................................2 Section 6 – Flexible Benefit Program: .....................................................................................................3 Section 7 – Alternative Benefit: ...............................................................................................................4 Section 8 – Dental Insurance:...................................................................................................................5 Section 9 – Vision Insurance:...................................................................................................................5 Section 10 – Trust Fund/Health Reimbursement Arrangement (HRA):..................................................5 Section 11 – Disability Insurance: ...........................................................................................................6 Section 12 – Life Insurance:.....................................................................................................................6 Section 13 – Retirement: ..........................................................................................................................6 Section 14 – Retiree Health Reimbursement Arrangement (HRA): ........................................................7 Section 15 – Deferred Compensation Plan: .............................................................................................7 Section 16 – Holidays: .............................................................................................................................7 Section 17 – Education Reimbursement: .................................................................................................8 Section 18 – Wellness Reimbursement Program: ....................................................................................8 Section 19 – Employee Service Awards: .................................................................................................8 Section 20 – Employee Commute Alternative Program/Transit Commuter Program:............................9 Section 21 – Car Allowance and Mileage Reimbursement: ....................................................................9 Section 21 – Resident Registration Fees:...............................................................................................10 Section 22 – Effective Date:...................................................................................................................10 294

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Section 1 – Eligible Employees:

All benefits shall apply to full-time employees of the City of Dublin, unless otherwise stated. The benefits outlined in this plan shall not be provided to temporary (part- or full-time), provisional or contract employees, or to individuals who provide services to the City pursuant to contract unless the contract explicitly provides for such benefits.

Section 2 – Market Rate Adjustments and Consumer Price Index (CPI) Adjustments:

Effective July 1, 2023, salary ranges (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2022 through February 2023 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1%). Employee salaries will also be adjusted July 1, 2023, based on the CPI results.

Additionally, a total compensation salary survey of benchmark classifications was conducted. Any classification that was deemed to be under market was brought up to the 65th percentile of the City’s comparator cities. Individual employees will not be adjusted, unless their current salary falls below the minimum of an adjusted range.

In recognition of historically high CPI values the last two years, employees will receive a one-time $1,500 stipend the first check paid out in January 2024.

Effective July 1, 2024, salary ranges for most classifications (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2023 through February 2024 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. For those classifications that were over market in July of 2023, a total compensation survey will be conducted in April of 2024. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1%). Employee salaries will also be adjusted July 1, 2024, based on the CPI results, but in no event shall any adjustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification.

Effective July 1, 2025, salary ranges for most classifications (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2024 through February 2025 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. For those classifications that continued to be over market in April of 2024, a total compensation survey will be conducted in April of 2025. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1%).

Employee salaries will also be adjusted July 1, 2025, based on the CPI results, but in no event shall any adjustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification.

Effective July 1, 2026, salary ranges for most classifications (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2025 through February 2026 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the 295
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Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
Bureau of Labor Statistics. For those classifications that continued to be over market in April of 2025, a total compensation survey will be conducted in April of 2026. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1%).

Employee salaries will also be adjusted July 1, 2026, based on the CPI results, but in no event shall any adjustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification.

Section 3 – Merit-Based Salary Adjustments:
a) Annual adjustments in salary (based on the anniversary of the employee’s date of hire or if applicable, the anniversary date of the most recent promotion) shall be based upon employee performance as determined by the performance evaluation. It is the duty of the supervisor and Department Head to give a fair and unbiased evaluation based on job performance of the employee.
b) For the period of July 1, 2023, through June 30, 2027, employees will be eligible for an annual merit increase of up to 2.5%, based on their performance as outlined in their annual review, with an additional .5% at the discretion of the Department Director with agreement from the City Manager, for a maximum of 3%.
c) In no event shall any salary adjustment result in an employee earning a salary in excess of the top of the range of their classification.

Section 4 – Performance Pay Adjustments:

If applicable, performance pay adjustment increases will be consistent with increases outlined in Section 3.

Eligibility criteria is outlined in the City’s Personnel Rules.

Section 5 – Medical Insurance:

All City employees who are members of the California Public Employees Retirement System (CalPERS) shall be eligible to select from plans administered by the Public Employees Medical and Hospital Care Act (PEMCHA).
a. The City currently contracts with the California Public Employees’ Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. The eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). The Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by CalPERS annuitants.
b. Effective January 1, 2016, the City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government 296
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Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
Section 22892. Contributions provided under this Section are required only to the extent mandated by PEMHCA.
c. In the event CalPERS requires a minimum employer payment in excess of the amount recited above, the City shall pay such additional amounts as approved by the City Council. Because CalPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in the Benefit Plan so long as the city contracts for benefits with CalPERS for medical insurance benefits. The City shall provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to any contribution provided to active employees under the Benefit Plan and in accordance with Government Code Section 22892.

Section 6 – Flexible Benefit Program:

The City shall make available a flexible benefit program (tax deferred employee contribution) that can be applied to specific expenses, e.g., health premiums, and medical, dental, and vision expenses not covered by the insurance plan. The City’s plan is subject to the requirement and availability of Internal Revenue Code Section 125, allowing employees to use pre-tax compensation for PEMHCA medical premiums, eligible dependent care expenses, eligible uninsured medical expenses, or a combination thereof. All costs associated with the enrollment and administration of an eligible employee’s account shall be paid by the City.
a. The City shall not treat contributions made to the program as compensation subject to income tax withholding unless the Internal Revenue Service and/or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state, or local tax liability of the employee that may arise out of the implementation of this Section or any penalty that may be imposed, therefore.
b. Contributions to the flexible benefit program shall be used only for payment of those benefits that are available through the City’s program. Any amount remaining after the Employee has designated the portion of his or her flexible benefit (125 plan) contribution amount for the purposes described in this Section shall be deemed forfeited. c. Each eligible employee shall file an election in writing during the month of open enrollment for medical insurance each year designating how the contributions in his or her flexible benefits account are to be spent during the ensuing year. Thereafter, no changes to designations shall be allowed until the enrollment of the following year, except for change for changes due to an eligible qualifying event.
d. Each employee shall be responsible for providing immediate written notice to the Director of Human Resources of designee of any changes to the number of his or her dependents which would affect the amount of the City’s payment into the program. 297
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Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
e. Beginning with the January 1, 2023, premium, eligible employees shall receive up to $2,030 per month toward the premium cost for CalPERS health insurance based on the employee’s annual plan election less the amount of any contribution provided by the City directly to CalPERS under government Code Section 22892.
f. Beginning with the January 1, 2024, premium, eligible employees shall receive a monthly allowance up to the amounts listed below. Eligibility is based on the employee’s plan selection and participation level (e.g., employee only coverage, employee plus 1 dependent or employee plus two or move), less the amount of any contribution paid under Section 2 above.

Employee only = $1,260/month
Employee and 1 dependent = $2,255/month
Employee and 2 or more dependents = $2,525/month
g. For CalPERS plan years 2025, 2026, and 2027, the City will increase the monthly contribution outlined in Section 7(f) by half of the percent increase in Kaiser premiums at each level, except if the newly calculated amount exceeds the actual rate of Kaiser for the given year. If this situation occurs, the City contribution from the prior year will carry over. h. The City shall continue to provide a flexible benefit program as provided in this Section unless amended or repealed by the City Council.

Section 7 – Alternative Benefit:

Effective July 1, 2015, subject to proof of other health coverage and completion of CalPERS Health Form HBD12 indicating same, eligible City employees who are members of the California Public Employees Retirement System (CalPERS) and (1) elect to opt-out of receiving City contributions under Government Code Section 22892; as described in Section 2b; (2) are not enrolled in a City-sponsored health insurance plan as the dependent of another City employee; and (3) provide proof of medical insurance coverage from a plan other than a City-sponsored plan shall receive an alternative benefit in the form of a cash payment.
a. Effective July 1, 2015, the amount of alternative benefit is $350 per month and benefit must be elected each year during open enrollment or upon a qualifying event. b. Effective January 1, 2024, the amount of alternative benefit provided to an employee is based on the level of insurance coverage that the employee could have received if the employee had enrolled in a City-sponsored health insurance plan, as follows:

Employee only = $250/month
Employee and 1 dependent = $450/month
Employee and 2 or more dependents = $625/month
c. For the purpose of this Section, the term “dependent” shall mean a dependent eligible for coverage under a CalPERS medical plan.
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Attachment 5
Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
d. Any cash payment provided under this Section shall be paid and reported to the Internal Revenue Service (IRS) and the California Franchise Tax Board as compensation subject to income tax withholding and is considered a non-reportable CalPERS payment/benefit. Each eligible employee shall be solely and personally responsible for any tax liability that may arise out of receipt of the alternative benefits provided under this Section.

Section 8 – Dental Insurance:

The City will contribute on behalf of each employee schedule to regularly work at least 30 hours per week, a maximum of the “full-family premium” per month to a dental insurance plan selected by the City.

The City will contribute on behalf of each regular employee scheduled to work between 20 to 29 hours per week, a maximum of the “employee only” premium per month to a dental insurance plan selected by the City.

Effective January 1, 2024, in lieu of enrolling in a City-sponsored dental plan, employees may elect to opt- out of dental for themselves and eligible dependent(s). The amount of alternative benefit provided to an employee is based on the level of insurance coverage that the employee could have received if the employee had enrolled in a City-sponsored dental plan, as follows:

Employee only = $25/month
Employee and 1 dependent = $50/month
Employee and 2 or more dependents = $75/month
For the purpose of this Section, the term “dependent” shall mean a dependent eligible for coverage under the City-sponsored dental plan.

Any cash payment provided under this Section shall be paid and reported to the Internal Revenue Service (IRS) and the California Franchise Tax Board as compensation subject to income tax withholding and is considered a non-reportable CalPERS payment/benefit. Each eligible employee shall be solely and personally responsible for any tax liability that may arise out of receipt of the alternative benefits provided under this Section.

Section 9 – Vision Insurance:

The City will contribute on behalf of each employee schedule to regularly work at least 20 hours per week, a maximum of the “employee only premium” per month to a vision insurance plan selected by the City.

Section 10 – Trust Fund/Health Reimbursement Arrangement (HRA):
a. Plan Limits: Beginning on calendar year January 1, 2021, full-time, regular employees will have a $1,000 limit for eligible reimbursements. Employees regularly scheduled to work between 20 and 30 hours per week shall have a pro-rated share based on hours regularly scheduled. b. Plan Year: The "Plan Year" shall cover reimbursements for eligible expenses incurred between January 1 and December 31 of the calendar year. 299
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Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
c. Third Party Administrator (TPA)/Eligible Claims: Employees eligible for this benefit may request reimbursement through the third-party administrator selected by the City. d. Administrative Rules: The reimbursement of any expenses pursuant to this section shall be contingent upon the fulfillment of requirements pursuant to the provision(s) of the Internal Revenue Code and the City’s selected third-party administrator.

Section 11 – Disability Insurance:

The City will contribute on behalf of each regular employee scheduled to regularly work at least 20 hours per week, the total premium cost of a Long-Term Disability Plan selected by the City. In addition, the City Manager shall be authorized to implement a short-term disability program, which would allow regular employees scheduled to work at least 20 hours per week, to purchase short-term disability insurance through payroll deductions, if such a plan is available.

Section 12 – Life Insurance:

The City will contribute on behalf of each full-time employee scheduled to regularly work at least 40 hours per week, the total premium cost of a $50,000 Term Life Insurance Policy selected by the City. In addition, the City Manager shall be authorized to implement a supplemental life insurance program, which would allow full-time employees to purchase additional term life insurance through payroll deductions, if such a plan is available.

Section 13 – Retirement:

For employees who are “Classic” members (as determined by CalPERS), the City will provide the California Public Employees Retirement System 2.7% at age 55 (Section 21354.5 of the California Public Employees’ Retirement System plan) retirement plan with the one-year final compensation (Section 20042 of the California Public Employees’ Retirement System plan) benefit option. The City Council shall have the authority to further amend the plan to include benefit options offered by the Public Employees Retirement System. Effective July 1, 2011, classic members shall pay 8% of the employees’ contribution rate.

Effective January 1, 2013, the City shall comply with the California Public Employees' Pension Reform Act of 2013 (PEPRA). Eligible employees who join the City's CalPERS retirement system on or after January 1, 2013, and are considered “PEPRA” members (as defined by CalPERS) and shall have a retirement formula of 2%@ 62; 3-Year final compensation average and shall contribute their portion toward a new CalPERS retirement tier as defined by law.

Effective July 11, 2015, and pursuant the adoption of City Ordinance 1-2015 (June 2, 2015), employees shall share in the City’s CalPERS costs by contributing a percentage of the employee’s compensation reportable to CalPERS (i.e., “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f). Employees who are Classic CalPERS members will contribute 7%, and PEPRA CalPERS members will contribute 3.05%. 300
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Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
The City shall apply the provisions of Internal Revenue Code (IRC) 414(h) (2) to all eligible payroll deductions for employee CalPERS contributions so long as such provisions remain available to the City.

Section 14 – Retiree Health Reimbursement Arrangement (HRA):

The City shall make available a Retiree HRA account to eligible employees who were hired before January 1, 2016, and who retire from the City of Dublin while meeting the eligibility requirements for CalPERS retiree health insurance as provide under PEMCHA laws.
a. Beginning on January 1, 2016, the City's Retiree HRA Plan Year shall begin January 1 and end December 31 of each calendar year.
b. Beginning with January 1, 2023, CalPERS premium year, eligible CalPERS annuitants under the City of Dublin's CalPERS health contract shall receive reimbursement up to $2,030 per month toward the cost of CalPERS health insurance premiums. Reimbursement is provided in the form of cash to the eligible CalPERS annuitant on a monthly basis based on the CalPERS annuitant's annual election less the amount of any contribution provided by the City directly to CalPERS under Government Code Section 22892. In no event, shall the City's total reimbursement exceed the amount described in this section.
c. Beginning with January 1, 2024, CalPERS premium year, an annual adjustment, equal to the difference in the CalPERS Kaiser Family rate, not to exceed $100 per month, shall be provided. d. Employees hired by the City on or after January 1, 2016, are not eligible for the Retiree HRA as defined in this section. The City's maximum contribution toward CalPERS retiree health coverage shall be the PEMCHA minimum contribution as determined by CalPERS under Government Code Section 22892.

Section 15 – Deferred Compensation Plan:

Participation in a variety of deferred compensation plans is offered. Participation in the City’s deferred compensation plan shall be voluntary, but for employees who choose to participate, effective January 1, 2024, the City will match an employee’s contribution to the 457 deferred compensation plan up to a maximum of $50/month.

Section 16 – Holidays:

The following days shall be deemed holidays in accordance with the Personnel System Rules:
a) New Year's Day January 1
b) Martin Luther King Jr. Day Third Monday in January
c) Washington's Birthday Third Monday in February
d Memorial Day Last Monday in May
e) Independence Day July 4
f) Labor Day First Monday in September
g) Veteran's Day November 11
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Exhibit A to the Resolution

City of Dublin Benefit Plan
Revision Date: July 1, 2023
h) Thanksgiving Day Fourth Thursday in November
I) Day following Thanksgiving Day following above
j) Day preceding Christmas December 24
k) Christmas Day December 25
l) Day preceding New Year's Day December 31
In addition to the designated holidays listed above, effective January 1, 2021, employees shall be provided two (2) floating holiday per calendar year. Effective January 1, 2024, in recognition of time off for employees to celebrate their cultural or religious holidays, the City will provide two (2) additional floating holidays, for a total of four (4).

Civic Service Leave will no longer be provided.

Floating holidays are subject to the following restrictions:
1) Must be used during the calendar year and cannot be carried over; and 2) Requires advance approval of the Department Head and the City Manager.

All holidays will be credited at eight (8) hours each for full-time employees. Part-time employees will receive a pro-rated number of hours.

Section 17 – Education Reimbursement:

Full-time and regular part-time employees shall be eligible to participate in an education reimbursement program. The City shall only reimburse the employee for courses undertaken which are job-related or are part of a job-related course of study and/or degree program. The employee must obtain prior authorization from the City Manager and reimbursement will only be provided upon submittal of proof of satisfactory completion of the courses undertaken with a passing grade when applicable. The City will reimburse an amount equal to 75% of the employee's tuition and/or fees, (including books). For full-time employees, the amount reimbursed shall not exceed $2,000 per Fiscal Year beginning July 1, 2020; for employees scheduled to work between 20-39 hours per week, the amount shall be pro-rated based on regularly scheduled hours. The payment of any reimbursements shall be contingent upon the fulfillment of reporting requirements established by the City Manager.

Section 18 – Wellness Reimbursement Program:

Beginning July 1, 2020, the City shall provide a wellness reimbursement program of $25.00 per month to all regular full-time and part-time employees. Eligible wellness expenses may include activities that promote health, wellbeing and physical movement and/or exercise. Employees shall be reimbursed biennially in December and June of each fiscal year.

Section 19 – Employee Service Awards:

Beginning July 1, 2020, regular full-time and part-time employees may opt in for a cash service award in the year in which they complete 10, 15, 20, and 25 years of service; cash award amounts are as follows:
10 years $500.00, 15 years $600.00, 20 years $800.00, 25 years $1,000. 302
Attachment 5
Exhibit A to the Resolution