CITY OF FORT BRAGG
Personnel Rules and Regulations
CIT
AONLFORAN
TABLE OF CONTENTS
SECTION 1. INTRODUCTION... ...1
SECTION 2. EMPLOYER/EMPLOYEE RELATIONS ......1
SECTION 3. POSITION CLASSIFICATION.... ....2
SECTION 4. RECRUITMENT, SELECTION AND APPOINTMENT FOR CLASSIFIED EMPLOYEES.3
4.1. RECRUITMENT. .....3
4.2. PLICATIONS FOR EMPLOYMEN
4.3. SQUALIFICATION OR REJECTION OF APPLICATIO .4
4.4. SELECTION AND EXAMINATION/ASSESSMENT PROCESS....
4.5 ELIGIBLE LISTS...
4.6. APPOINTMENT....
4.7. OATH OF OFFICE.
4.8. POLICE OFFICER RECRUITMENT BONUS.
4.9. POLICE OFFICER HIRING BONUS.
SECTION 5. PROBATIONARY PERIOD ...7
SECTION 6. NON-CLASSIFIED APPOINTMENTS..... ..8
SECTION 7. MANAGEMENT AND CONFIDENTIAL APPOINTMENTS.. ....9 SECTION 8. TRANSFERS, REASSIGNMENTS AND REALLOCATIONS.. .....9 SECTION 9. REINSTATEMENT AFTER RESIGNATION... ...9
SECTION 10. PERFORMANCE EVALUATION PROGRAM... ...10
SECTION 11. FITNESS FOR DUTY EVALUATIONS... ..10
SECTION 12. COMPENSATION... ....10
SECTION 13. WAGE AND HOUR BENEFITS / OVERTIME.. ....14
SECTION 14. ATTENDANCE / MEAL PERIODS / REST PERIODS ..14 SECTION 15. LEAVES.....
15.1. GENERAL PROVISIONS
15.2. AVAILABLE LEAVE CATEGORIES
15.3. ACCOMMODATION FOR EMPLOYEES WITH DISABILITIES.
SECTION 16. FAMILY AND MEDICAL LEAVE. .21
16.1. PURPOSE.
16.2. ELIGIBILITY....
16.3. TYPE OF LEAVE COVERED.....
16.4 DEFINITIONS FOR PURPOSES OF THIS POLICY:
16.5. Amount of Leave
16.6. INTERMITTENT LEAVE OR LEAVE ON A REDUCED WorK SCHEDULE . 2627
16.7. SUBSTITUTION OF PAID ACCRUED LEAVES. 2627
16.8. PAYMENT OF HEALTH INSURANCE PREMIUMS WHILE ON LEAVE .....27
16.9. MEDICAL CERTIFICAtIOn .2728
16.10 TIME TO PROVIDE A CERTIFICATION. ....28
16.11. RECERTIFICATION 2829
16.12. PROCEDURES FOR REQUESTING LEAVE. ..29
16.13 ACCRUAL OF BENEFITS WHILE ON LEAVE.. ...29
16.14 REINSTATEMENT UPON RETURN FROM LEAVE... 2930
16.15 EMPLOYEE'S OBLIGATION TO PERIODICALLY REPORT ON THEIRCONDITION .29
16.16 FITNESS FOR DUTY CERTIFICATION. .29
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16.17. FAILURE TO RETURN FROM LEAVE. ....30
SECTION 17. PAID FAMILY LEAVE. .3031
17.1. ELIGIBILITY..
17.2. REQUEST FOR LEAVE
17.3. DURATION OF PAID FAMILY LEAVE.
17.4. COMPENSATION DURING LEAVE...
17.5. INTEGRATION OF BENEFITS.
17.6. WAITING PErIOD AND UsE OF VACATION
SECTION 18. CATASTROPHIC LEAVE PROGRAM
18.2. ELGIBILITY FOR PERSONAL CATASTROPHIC LEAVE.
CONDITIONS FOR DONATING LEAVE..
18.4. PROCEDURES FOR DONATING AND RECEIVING LEAVE.
SECTION 19. LAYOFF AND RECALL POLICY.... . 3534
SECTION 20. DISCIPLINE / GENERAL RULES OF CONDUCT . 3635
20.1. GENERAL RULES OF CONDUCT ..3635
20.2. . 3635
20.3. GroUnDS FOr DisciPLINe ...35
20.4. AUTHORITY TO DISCIPLINE. .37
20.5. PROCEDURES FOR DISCIPLINARY ACTIONS .37
20.6. APPEAL OF DISCIPLINARY ACTION 4039
SECTION 21. APPEAL PROCEDURE FOR NON-DISCIPLINARY GRIEVANCES ....39 SECTION 22. PART TIME SEASONAL AND TEMPORARY EMPLOYEES 4241 SECTION 23. PERSONNEL FILES... .4342
SECTION 24. RESIGNATIONS AND EXIT INTERVIEWS. ...43
SECTION 25. NON-DISCRIMINATION AND HARASSMENT POLICY ... .44 SECTION 26. EMPLOYEE SAFETY / VIOLENCE IN THE WORKPLACE POLICY.. .48
26.1. GENERAL SAFETY RULES 48
26.2. VIOLENCE IN THE WORKPLACE POLICY 48
26.3. PROCEDURES - IMMINENT OR ACTUAL VIOLENT ACTS .49
SECTION 27. OUTSIDE EMPLOYMENT.. ...50
SECTION 28. VOLUNTEERS...... ....51
SECTION 29. DRUG AND ALCOHOL FREE WORKPLACE .....51
SECTION 30. NEPOTISM POLICY. ....53
SECTION 31. GIFTS AND GRATUITIES .....53
SECTION 32. USE OF INFORMATION AND ELECTRONIC SYSTEMS ...53 SECTION 33. DRESS CODE... ....56
SECTION 34. USE OF CITY EQUIPMENT / AUTOMOBILE USE.... 56 SECTION 35. TRAVEL AND TRAINING POLICY ....57
SECTION 36. GARNISHMENT FEES. ..58
SECTION 37. MISCELLANEOUS. ...58
SECTION 38. DEFINITION OF TERMS ....59
Personner Rutes and Regulations Last Updated February 11, 2024 Section 1. INTRODUCTION
1.1. These Personnel Rules and Regulations (hereafter "Rules") generally describe the employment relationship between the City of Fort Bragg and its employees.
These Rules apply to all City employees, except where otherwise indicated in these Rules or where an applicable memorandum of understanding (MOU") specifically conflicts with a Rule, in which case the MOU provision shall govern.
As specified herein, some Rules apply only to employees in the "Classified Service." The "Classified Service" consists of all full-time employees of the City, but does not include elected officials, Council appointees, the City Manager, members of the executive management group, appointive officers serving without compensation, or part-time, temporary, provisional, seasonal or emergency employees.
1.2. These Rules were established to conform and be complementary to the City's Municipal Code. In cases where there is deemed to be a conflict between a Rule and the Municipal Code, the Municipal Code shall prevail.
1.3. Department managers may issue additional rules or policies as deemed necessary for the efficient administration of the department. However, such departmental rules or policies shall not conflict with these Rules. In cases where there is deemed to be a conflict between a department rule and these Rules, these Rules shall prevail.
1.4. These Rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by City Counci henever such amendments affect the wages, hours or other terms ol conditions of employment, they shall be subject to the meet and confer process as established by State law and the City's Employer-Employee Organization
1.5 Each employee will be given a copy of these Rules and is responsible for reading and complying with these Rules.
Section 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.
Employer-Employee Organization Relations Resolution which specifies the City's local rules, rights and obligations regarding labor relations
2.2. resolution. Employee pay schedules and various benefits are set forth il ne recogniz of labor representatives, as MOUs) agreed upon by the City an City of Fort Bragg Last Updated February 11, 2024
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2.3. Employees having questions concerning matters included in their MOUs may contact their labor representative or the City's Human Resources Department directly.
Section 3. POSITION CLASSIFICATION
3.1. The City Manager or their designee shall prepare a Position Classification Plan which sets forth all the positions in the classified service of the City including position title and a general description of the duties and responsibilities of each position. The Position Classification Plan shall also group all positions in the approximately of equal difficulty and responsibility, require the same general qualifications, and can be equitably compensated within the same range of pay under comparable working conditions.
3.2. The classification or position descriptions may be abolished or amended from time to time by the City Manager as deemed in the best interest of the City service. In addition, new classification or position descriptions made be added to the City's Position Classification Plan. If new positions are added to the City such positions shall be allocated to an appropriate class by the City Manager or their designee.
3.3. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, immediately to the City Manager. If deemed appropriate by the City Manager, a review of the employee's duties will be conducted, in consultation with the employee and the employee's department manager. The City Manager or their designee will notify the employee and department manager If appropriate, the employee's position may be
reallocated to a different classification. The City Manager, in their discretion, may require the employee to successfully complete a promotional examination betore being reallocated to a higher classification, and shall may require the employee to serve a probationary period in the new classification. such a classification review shall be limited to once per calendar year.
3.4. Promotion without Examination. If the scope of duties which a regular employee is performing is determined to be in a higher classification, the City Manager or their designee may approve the employee's reclassification to the higher classification without examination; provided, however, that all of the following conditions are met:
he employee has been performing such higher duties for a period of ne ss than six (6) months prior to the date the position was reviewed (2)
to promotions:
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(3) The employee so promoted shall serve a probationary period in the higher classification for the time as specified in Section 5.2.2 of these Rules;
(4) som trayer pral receive panes ned to tr higher position Section 4. RECRUITMENT, SELECTION AND APPOINTMENT FOR CLASSIFIED EMPLOYEES.
4.1. Recruitment.
4.1.1. The City may utilize any legitimate recruitment procedure for attracting qualified
4.1.2. of employees in the department who might be interested.
4.2. Applications for Employment.
4.2.1. lisqualification in the application process, and may result in dismissal fron employment. Once submitted to the City, applications shall not be returned
4.2.2. ne city provides employment-related reasonable accommodations to qualifie dividuals with disabilities within the meaning of the California Fair Employme and Housing Act and the Americans with Disabilities Act. If an applicant desires a reasonable accommodation in order to participate in the application ol selection process, the applicant should submit a written request to the Humar Resources office
4.2.3. 4.2.4. hen necessary to meet continued requirements for filling positions due to no vailability of applicants for a class or position, or due to a high turnover rate, th City of Fort Bragg Last Updated February 11, 2024
Personnel Rules and Regulations
(120) days between the second and third such testing, unless stipulated to the contrary on the job announcement. The City may exclude such applicants from further testing at its discretion.
4.2.5. all employees
City shall have the right to conduct a complete and exhaustive backgrounc nvestigation on all applicants seeking employment in the City of Fort Bragg including a criminal background check, where applicable, and a medical and/or psychological examination by City-retained medical practitioners, where deemed with applicable law.
4.2.6. If an applicant is disqualified from appointment to a position for failing to meet the medical and psychological standards for the job class, the applicant may file a written request to review the disqualification. Such request must be submitted to the Human Resources Office no later than five (5) working days after the postmarked date of the notification of disqualification. The applicant may submit medical evidence supporting their claim that they should not have been The City Manager will review submitted documents and make a final determination. If the disqualification is upheld, the applicant has no further right to appeal.
4.3. Disqualification or Rejection of Application.
4.3.1. The City may reject or disqualify the application of any person for admission to a selection process, or decline to examine an applicant, or withhold a person from the eligible list for certification for any legitimate reason. An applicant who is not already employed by the City has no right to grieve or appeal any such actions by the City.
4.4. Selection and Examination/Assessment Process.
4.4.1. All hiring, including promotions, to positions in the classified service shall be made according to merit and fitness. The City may utilize any legitimate objective method to determine the qualifications of applicants, including without limitation, physical agility tests, oral examinations, panel interviews assessment centers and oral interviews. The City may rate the candidates and list successful applicants on a "list of eligibles."
4.4.2. If candidates fail to qualify as eligibles for the class for which the selection process was instituted, those candidates may, with the approval of the Human Resources Office, be rated with reference to their eligibility for a lower position class for which a selection process is in progress, in case any of the candidates have indicated willingness to accept appointment to positions in any such lower City of Fort Bragg 4 Last Updated February 11, 2024
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4.4.3. Candidates shall be given written notice of whether they passed or failed the Within five (5) working days of the
the Human Resources Office and appropriate action taken. inspection of examinations papers, the candidate must schedule an appointment during regular business hours in the Human Resources Department. Candidates may be prohibited from inspecting examination papers if review of such materials is prohibited by the consulting agency that prepared the examination.
Candidates cannot have access to the rating sheets of the individual raters, but may have access to a composite description of the rating sheets, upon request.
4.4.4. Candidate ot a or a mina raise at or apic to su ton candidates are not barred from applying for any other City position during the 12- month waiting period.
4.4.5. When deemed appropriate by the City Manager or their designee, vacancies within the classified service may be filled by promotion of employees. Such promotion shall be based on an internal competitive selection process, taking into consideration the employees' performance evaluations and past City service and other legitimate criteria as determined by the City Manager or their designee
4.4.6. The City Manager or their designee may authorize a noncompetitive promotiona selection process to establish eligibility for appointment to a higher class as :
result of a reclassification or creation of a new classification.
4.5. Eligible Lists.
4.5.1. An eligible list shall be prepared indicating the names of those candidates qualifying for appointment, ranked based on the selection process. New names may be added to the list from time to time upon obtaining additional qualified candidates pursuant to the selection process. Names of eligibles accepting othe han regular full-time appointment shall remain on the eligible list during the lif of said list, unless removed for other reasons.
4.5.2. The eligible list shall be maintained for the duration specified by the Human Resources Office.
4.5.3. 4.5.4.
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objective methods to determine the qualifications of applicants, including without limitation, written tests, physical agility tests, oral examinations, panel interviews, assessment center and oral interviews.
4.5.5. Whenever an eligible list contains fewer than three (3) qualified candidates, the department manager may request that a new eligible list be prepared. The Cit! nay in its discretion cause a new list of eligibles to be generated in the event the ity believes the circumstances warrant a new list. Such circumstances includ ut are not limited to: the age of the eligible list, an inadequate number o candidates, and changing job requirements.
4.6. Appointment.
4.6.1. The City Manager is the only City employee authorized to hire. All candidates recommended for appointment by a department head may be interviewed by the City Manager or their designee prior to appointment. This includes part-time, temporary, seasonal and promotional appointments.
4.6.2. The City Manager 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 Manager may make temporary appointments pending development of a new list.
4.7. Oath of Office.
Every employee of the City, before entering upon their duties shall take the constitutional oath, with said oath to be filed with the Human Resources Department.
4.8 Police Officer Recruitment Bonus.
Any member of the Police Department (PD) staff, excluding the Police Chief, is eligible to receive a Recruitment Bonus, if they successfully recruits an applicant who is offered and accepts employment with the City of Fort Bragg, as a Police Officer. The recruiting PD staff member seeking the bonus must submit an acknowledgment of recruitment efforts and a letter of recommendation for the Police Officer applicant on or before the last day the position is open or if the recruitment is continuous, prior to any contact by Human Resource or PD staff for an interview. If more than one PD staff member submits a timely acknowledgement-recommendation letter for a successful recruit, the City of Fort Bragg Last Updated February 11, 2024
Personnel Rules and Regulations
This bonus program may be rescinded by City Administration, if and when it is determined unnecessary based on market conditions for hiring police officers.
4.9 Police Officer Hiring Bonus
BETTE
his bonus program may be rescinded by City Administration, if and when it termined unnecessary based on market conditions for hiring police officer Section 5. PROBATIONARY PERIOD
5.1. Purpose.
5.2. Duration.
5.2.1. Initial Probationary Period. All regular employee initial appointments to regula ull-time positions in the classified servia shall be subject to a 12-month
5.2.2. pointments a new classification of employment shall be subject to a six-mor obationary period. All Police Department employee (sworn and nonswol a 12-monin probationary perney classication of employment shall be subject to
5.3. Extension.
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probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding ten (10) working days shall automatically extend the probationary period by the number of days that the employee is on leave.
5.4. 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 manager 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 set for the position to which the employee was promoted. Such recommendation shall be made ir writing and shall be approved by the Human Resources Office. An employee on promotional probation shall have no rights of tenure in the promotional position and may be returned to their former position without cause, without notice and without any right of appeal.
5.5. Probationary Period after Demotion.
If an employee has not attained regular status in the class to which demoted, the employee shall then be required to complete the normal probationary period, less any service previously accrued in such lower class.
5.6. Action at End of Probationary Period.
Prior to the end of the employee's probationary period the department manager shall take any one of the following recommendations to the City Manager:
(1) Affirm in writing that the services and conduct of the employee have been found to be satisfactory and recommend that the employee be given regular status.
(2) Recommend termination of the services of the employee serving an initia probationary perioo
Recommend demotion and/or transfer of a promoted employee.
Demotion shall be made to the employee's former class and pay step.
Recommend an extension of the employee's probationary period, as provided herein.
Section 6. NON-CLASSIFIED APPOINTMENTS
6.1. The City may make appointments which are provisional, seasonal, temporary, o emergency or on a transitional basis whenever it has a legitimate need to do so Such eppointments shall not attain regular status. Such positions shall be
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personnel may be terminated at any time, for any legal reasons, and without any equirement of demonstrating "good cause." At will employees have no right t appeal any discipline or termination
Section 7. MANAGEMENT AND CONFIDENTIAL APPOINTMENTS
7.1. pointments to management and confidential positions reporting directly to ti lection, testing and eligible ass ot subject o the Rules regarding recruitme
7.2. onfidential positions are those positions which are privy to information th fects employee relation
7.3. Management positions may be designated as "at will (consistent with the Municipal Code).
Section 8. TRANSFERS, REASSIGNMENTS AND REALLOCATIONS
8.1. may be made provided both positions are of the same rank, there is no increase or decrease in compensation, and the employee has demonstrated that they request, departmen managers equester by Cly be indigent Such prayed s or reassignment may be made only when approved or recommended by bott department managers involved (if more than one is involved), reviewed by the luman Resources Office and approved by the City Manager. The employe equesting a transfer must meet the minimum qualifications for the position
8.2. In the event of a reallocation of a part-time position to a full-time position, the City Manager may reclassify the incumbent part-time employee to full-time or utilize the selection process to fill the reallocated position.
8.3. Depending on the circumstances, transferring an employee to another vacant position may be a reasonable accommodation, as defined by applicable laws.
Section 9. REINSTATEMENT AFTER RESIGNATION
9.1. An employee who has resigned in good standing from City employment may be
9.2. Probationary period fer reinste menil ye sal be require to complet ful.
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Section 10. PERFORMANCE EVALUATION PROGRAM
10.1. The City may require employees to undergo performance evaluations every 12 months after the probationary evaluation, throughout their employment. This policy is to be used as a guideline, and failure to receive performance evaluations at 12-month intervals does not create a right of appeal. The City shall prescribe appropriate forms for completing performance
erformance evaluation program includes an opportunity for employees to discuss their concerns with department managers, upon request.
10.2. Where appropriate, performance evaluations may include an evaluation of the employees which addresses the criteria for merit salary advancements as set forth in Section 12.4.1.
10.3. Probationary Evaluation. Upon completion of six months probation (whether initial or promotional) the department manager shall report in writing an evaluation of the employee's work performance and conduct. The probationan employee shall be advised by the appropriate supervisor of that evaluation
10.4. Performance evaluations shall be maintained in employee personnel files.
Employees may submit rebuttals to their performance evaluations, and the rebuttals shall also be maintained in the personnel files with the performance evaluations.
Section 11. FITNESS FOR DUTY EVALUATIONS
11.1. The City, at its expense, may require an employee to undergo a fitness for duty evaluation for any reasonable cause.
Section 12. COMPENSATION
12.1. The City has prepared a Merit Salary and Compensation Plan, approved by the City Council. In accordance with the City's Municipal Code, the City Manager administers and maintains this Plan and may request appropriate revisions to the Plan as often as necessary to assure that the Plan provides uniform and equitable compensation rates and policies.
12.2. The official wage rates for all employees shall be calculated on the basis of the biweekly rates applicable and comparable to the salary range established for each class in the Merit Salary and Compensation Plan.
12.3. 12.4. Merit Salary Advancements.
allocated to the same class, in providing employees incentive, in rewarding City of Fort Bragg 10 Last Updated February 11, 2024
Personnel Rules and Regulations
employees for meritorious service, and in meeting emergency conditions requiring pay adjustments
12.4.1. Merit salary advancements shall be made in accordance with the provisions of this section and in accordance with the following criteria:
(1)
nployee is either unwilling or unable to perform satisfactorily. Employe equires excessive supervisory guidance and directio
(2) Needs Improvement means that over significant periods of time during the review period, the employee has not performed up to the level to be expected, considering the employee's tenure in the class and job duties and responsibilities and that the employee has failed to meet certain job requirements standards. The employee's potential for satisfactory performance appears to be good.
(3) Satisfactory Performance employee's overall
performance during the review period has been at the level expected considering the employee's previous experience, tenure in the class and job duties and responsibilities. The employee is generally meeting position standards in a steady and reliable manner.
(4) Above Satisfactory Performance means that the employees overall performance, during the review period, consistently met all minimum often exceeded expected levels of performance
considering the employee's previous experience, tenure in the class and job duties and responsibilities.
(5) Exceptional Performance means that an employee's overall performance during the review period has consistently exceeded expected levels of performance considering the employee's previous experience, tenure in the class, and job duties and responsibilities.
12.4.2. Salary advancements within an established range shall not be automatic, but
12.4.3. Merit salary advancements shall occur in accordance with the following procedures:
(1) promotional employees shal be eligible for merit salary advance and Probationary (both initial and emplyees shal be erible for subsequent mer salay advance fens City of Fort Bragg 11 Last Updated February 11, 2024
Personnel Rules and Regulations
upon the completion of subsequent twelve 12 month service intervals, except as otherwise provided in these Rules.
(2) Single Step Increments. Merit salary advancements shall be granted in single step increments within the salary range for a particular class based upon performance. An employee may receive a merit salary adjustment in excess of one step, a maximum of one (1) time during such employee's tenure in a given class in recognition of outstanding service. (3) Reduction Increments. An employee who is being paid at a salary rate higher than the base rate established for the class may be reduced in recommendation of the department manager and approval of the City Manager. Such action shall cause the employee to receive a new merit review date. The new date shall be based upon the effective date of their Such salary reduction shall be consistent with the Rules
12.5. These Rules do not preclude the creation of separate management pay plans which, if adopted by the City Council, must be administered as separate compensation plans in accordance with the procedures adopted for such plan(s) by the City Council.
12.6 Salary on Promotion. An employee who is promoted to a position in a class allocated to a higher salary range than the class to which the employee was formerly assigned shall receive the nearest higher monthly salary in the higher salary range. The employee shall be given a new merit review date for future merit salary advancement purposes. The new date shall be based upon the effective date of the promotion.
12.7. Salary on Transfer. An employee who is transferred from one position to another in the same class or to another position in a class having the same salary range shall be compensated at the same step in the salary range as previous! eceived. The emplovee's merit review and anniversary date shall not change
12.8. Salary on Suspension without Pay. Any employee who has been suspended for disciplinary reasons shall not receive pay for the duration of the suspension; nor shall any benefits which are calculated based on hours worked be credited to the employee, including, but not limited to, sick leave, vacation, retirement, or disability insurance, during the period of suspension.
be later modified or revoked, the employee shall be entitled to receive payment to compensate for loss of income and benefits during the period of suspension.
12.9. Salary on Demotion.
12.9.1. Involuntary. An employee who is involuntarily demoted shall receive a salary adjustment as determined by the Human Resources Office. The employee shall be assigned a new merit review date based upon the effective date of the demotion.
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12.9.2. Voluntary. An employee who is demoted upon personal request shall receive a salary reduction to the nearest lower monthly salary in the salary range for the class to which demoted if the maximum salary for the class to which demoted is less than the employee's current salary rate; or shall continue to earn the current rate of pay if the current rate is the same or less than the maximum rate of the class to which demoted. The employee shall retain the merit review date applicable to the higher position.
12.10. Salary on Position Reclassification. When a regular or probationary employee's position is reclassified and the employee is appointed to the new position, the salary rate shall be determined as follows:
12.10.1. Higher Range. If the position is reclassified to a class with a higher salary range than the previous class, the salary and merit review date shall be set in the same manner as if the employee had been promoted.
12.10.2. naximum or the new class, the salary of the employee shall not change, and th ompensation rate shall be frozen until such time as the maximum rate for the classification exceeds the salary of the employee.
12.11. accumulated vacation, sick leave or compensatory time off (unless it is determined in accordance with law that such deduction will not result in the loss of exempt status of the employee).
12.12. Adjustment Effective Date. Salary adjustments specified above shall be given a the beginning of the payroll period immediately following the employee's merit review date.
12.13. 12.14.
12.15. City of Fort Bragg 13 Last Updated February 11, 2024 Personnel Rules and Regulations
employee shall receive additional compensation equal to five percent (5%) of theircurrent salary or the salary of the employee so replaced, whichever is less for the entire period of such assignment. The Human Resources Office shall be notified in writing by the department head prior to each such temporary assignment. The Human Resources Office will prepare a Personnel Action Form for approval by the Department Head and City Manager.
Section 13. WAGE AND HOUR BENEFITS / OVERTIME
13.1. 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 the Memoranda of Understanding and all City pay practices, shall comport with, and shall be interpreted to ensure the minimum requirements of the FLSA.
13.2. 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. Except when necessary to address an emergency or special circumstances, 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 event, employees shall 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 Section 14. ATTENDANCE / MEAL PERIODS / REST PERIODS
14.1. Workweek.
14.1.1. The basic workweek for full time employees shall be forty (40) hours per week, in a seven-day period. The workweek commences at 12:01 a.m. every Sunday a.m., and is a regularly recurring seven (7) day period ending at 12 Midnight every Saturday p.m.
14.1.2. 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 Employees shall be responsible for reporting to work on time, and observing the work schedule established for their department.
14.2. Meal Periods. Unless otherwise established for a department or particular that shall not be compensated. During the meal period, the employee shall be If the employee is authorized in advance and
14.3. Rest Periods. Unless otherwise established for a department or particular employees, employees shall have a fifteen (15) minute rest period for each half f their shift, as scheduled by the department director. The rest period may b nterrupted or cancelled if necessary to complete work and shall be compensate City of Fort Bragg 14 Last Updated February 11, 2024
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eg. The eg a read at ye bebe conored or used to shorten the workday - Section 15. LEAVES
15.1. General Provisions
15.1.1. counces a any eded to be of work at sce led ine are dedic ccount for their absences from work. Unless otherwise specified, leave time hargeable in increments of one-fourth (25) hour
15.1.2. aves shall be subject to approval by the Department Head (or designee), a! heduled in advance whenever possible, with due regard for the City's servi needs.
15.1.3. accounting for leaves, including requiring reasonable proof that the basis for the of employment.
15.1.4. 15.1.5. Employees eligible for leave shall accumulate leave from the date of the employee's initial appointment to a full-time, regular or probationary position.
15.2. Available Leave Categories
The City provides the following leave categories: (a) sick leave with pay; (b) sick
15.2.1. 15.2.2. sick leave may only be used in cases of actual sickness or disability, unless otherwise provided below. Employees unable to report to work must notify their City of Fort Bragg 15 Last Updated February 11, 2024
Personnel Rules and Regulations
immediate supervisors not later than one hour before work is scheduled to begin, if possible, or by whatever method is established by the supervisor.
15.2.3. An employee may use a maximum of forty-eight (48) hours of sick leave per calendar year to attend to an illness of a child, parent, sibling, spouse or domestic partner, grandparent or grandchild of the employee. An employee who is a victim of domestic violence, sexual assault, or stalking may use a maximum of twenty- four (24) hours of sick leave per calendar year to tend to any related issues, including leave and court appearances.
15.2.3.1. Integration of Benefits. If an employee is on sick leave and is receiving SDI payments, the employee may continue to receive full pay from the City by requesting that the maximum weekly disability benefits be supplemented by the use of sick leave benefits. Under this option, the employee would tender theirSDI payments to the City and the City would then continue to issue paychecks and deduct the value difference between the SDI payments and the employee's regular pay from the employee's sick leave allotment.
15.2.3.2. If an employee is determined to be eligible for disability retirement, the employee shall not be permitted to exhaust paid sick leave balances prior to retiring.
15.2.3.3. Sick Leave with pay for employees other than full-time employees: Employees other than full-time employees (e.g. part-time, seasonal, and/ or temporary workers) shall accrue and be able to use sick leave consistent with the requirements of the Healthy Families Act of 2014 (California Government Code.
Sections 245-249. These employees shall begin to accrue sick leave on the date of commencement of employment, and shall accrue one hour for every thirty (30) hours worked. Employees shall be eligible to use paid sick leave no sooner than ninety (90) days after commencement of employment. Employees may use a maximum of three (3) sick leave days in one calendar year. These employees shall be able to use paid sick leave for the same reasons for which full time employees shall be able to use paid sick leave.
15.2.3.4. the MOU or resolution will govern.
15.2.3.5. Sick leave shall not be paid out upon an employee's separation from the City. If an employee is subject to a MOU or resolution provision that is more generous then this provision, the MOU or resolution will govern.
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duty examination before returning to work. If the employee is not fit to perform their duties, the City may consider placing the employee in another position, if available or separate the employee in accordance with applicable law.
15.2.5. Jury Duty. 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 upervisors informed of their jury service schedule, and shall provide proof o ury service to the City upon request. Employees may retain such payment a nay be allowed for travel, lodaina and meal expenses.
maybe a sue it re yoga leve from the country any.
15.2.6. Administrative Leave with Pay: The City in its discretion may place an employee on administrative leave with pay. Employees on such leave shall be subject to the City's instructions during the employee's normal working hours.
15.2.7. Personal Leave without Pay. The City in its discretion may permit employees to be on personal leave without pay for a maximum of ninety (90) working days.
Permission for such leave must be obtained in writing. Employees in such statu do not accrue vacation or other benefits, or receive service credit and may be required to pay for all fringe benefits, such as health plan premiums, during the period of their leave without pay. Employees shall be entitled to take personal leave without pay when required by applicable law.
15.2.8. partner's immediate family dies.
eave is available only within seven (7) days of the death or funeral, unless the employee has made arrangements with the City regarding its use at a later date In the event of unusual travel requirements, the City Manager may approve a total of five (5) total working days leave.
15.2.9. Vacation Leave.
15.2.9.1. Earned and accrued vacation leave may be taken as it accrues.
15.2.9.2. Employees accrue vacation at the following rates:
(1) 1. 03 m pet pay period for less han three consecutive years of service (2) 1.62 hours per pay period for three or more consecutive years of servic and less than 10 years of service i.e. 37-120 months
(3) 16 hours per pay period for 10 or more consecutive years of service ore than 120 month
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15.2.9.3. Scheduling of vacations must be made in consideration of departmental workload.
15.2.9.4. Employees who separate from service shall be cashed out of their accrued but unused vacation at the employee's hourly rate at the time of separation from City service.
15.2.10. Holidays.
15.2.10.1. The City observes the following legal holidays, which are available to those employed at least thirty (30) days prior to the date of the holiday:
(1) New Year's Day
(2) Martin Luther King Jr. Birthday
(3) President's Day
(4) Memorial Day
(5) Independence Day
(6) Labor Day
(7) Indigenous Peoples' Day
(8) Veteran's Day
(9) Thanksgiving Day
(10) Day After Thanksgiving
(11) Day before Christmas
(12) Christmas
15.2.10.2. Legal holidays falling on a Saturday are observed on Friday. Legal holidays falling on a Sunday are observed on Monday. To qualify for holiday pay, employees must have completed thirty (30) days of service, be on paid status on the regularly scheduled workday before and after the legal holiday, unless the absence is with the written permission of the City, or due to illness. Holidays occurring during an employee's vacation will be treated as a paid haliday. In recognition of differing work scheduled for safety and non-safety shift work employees, holidays may be specified to occur on the actual legal date.
15.2.10.3. Employees working on a holiday with City approval will be entitled to an "in lieu holiday that may be taken on another date, within the fiscal year, subject to supervisory approval. In lieu holidays may not be carried over to another fiscal year, and are lost unless used prior to the end of the fiscal year.
15.2.10.4. Management employees who are required to work an established holiday may ake equivalent time off on a subsequent regular work day with the approval o he department manager or City Manager
15.2.11. 15.2.12. Family and Medical Leave. The City will provide family and medical care leave for eligible employees in accordance with the requirements of the Family and ity of Fort Bragg 18 Last Updated February 11, 2024
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Medical Leave Act ("FMLA"), and the California Family Rights Act ('CFRA"). The City's policy on Family and Medical Leave is set forth in Section 16.
15.2.13. Pregnancy Disability Leave/Parental Leave.
15.2.13.1. Pregnancy Disability Leave. The City shall provide pregnancy disability leave to edical need for the employee to take the time off or receive accommodatio phile continuina to work. Preanancy disability leave qualifies for leave under thi FMLA but not under CFRA. During pregnancy disability leave, employees are entitled to FMLA benefits in accordance with the Family and Medical Leave policy.
15.2.13.2. Parental Leave. After the employee's pregnancy disability ends, the employee is eligible for CFRA leave, in accordance with the Family and Medical Care Leave policy, to care for a newborn. The City may require that the employee provide a medical certification indicating when the pregnancy disability ended. In addition, employees may request leave without pay to care for the newborn. Such requests may be granted within the discretion of the Human Resources Office in consultation with the employee and department manager.
15.2.14. Service-Connected Injury or Illness Leave. Employees suffering injuries in the course and scope of their work may be entitled to workers' compensation benefits in accordance with state law. Employees having questions should contact the Human Resources Office.
Integration of Benefits. If an employee is on leave and is receiving workers' compensation payments, the employee may continue to receive full pay from the City by requesting that the maximum weekly disability benefits be supplemented by the use of sick leave benefits. Under this option, the employee would tender their workers' compensation payments to the City and the City would then continue to issue paychecks and deduct the value difference between the workers' compensation payments and the employee's regular pay from the employee's sick leave allotment.
15.2.14.2. employee to undergo a fitness for duty examination before returning to work. If the employee is not fit to perform their duties, the City may consider placing the employee in another position, seek the employee's retirement or separate th employee in accordance with applicable lav
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15.2.14.3. Work Week. When on service-connected injury or illness leave, the employee's work week shall automatically become Monday through Friday, 8:00 a.m. to 5:00
15.2.15. Military Leave. Military leave shall be granted in accordance with applicable state and federal law. In accordance with Military & Veterans Code section 395.02, employees may be eligible to receive their salary for the first 30 days of military leave. The City may adopt a policy providing pay beyond this 30-day
15.2.16. School Activity 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 The employee must use accrued vacation, , floating holiday or compensatory time for this leave. Prior notice of the need for this leave must be given to the immediate supervisor.
15.2.17. Voting Time. Time off with pay to vote in any general, direct primary or presidential primary election shall be granted as provided by state law.
Employees must give prior notice to their immediate supervisors of their need to take such time off.
15.2.18. Other Authorized Leaves With Pay. The City Manager or department manager nay authorize employees to take leave with pay for training, conferences o neetings connected with City business. Authorized members of employee organizations may take leave with pay to meet and confer or consult with City representatives, and perform necessary representational functions at times prearranged and approved by their department managers.
15.2.19. Unauthorized Leave of Absence. Any unauthorized leave of absence by an employee from duty shall be grounds for disciplinary action and/or discharge. unauthorized leave of absence
request for the retroactive grant of leave and include an adequate explanation of
15.3. Accommodation For Employees With Disabilities
The Colds wite sample with the gening are Callonia Far Englyment and housing Act and the Americans with Disabilities Act.
15.3.1 submitted to the employee's department manager or Human Resources Office.
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15.3.2 After receipt of reasonable documentation of disability and/or fitness for duty, the City will arrange for a discussion, in person or via telephone, with the applicant or employee, and their representative, if any. The purpose of the discussion is to work in good faith to fully consider all potential reasonable accommodations.
15.3.3 The City determines, in its sole discretion,
accommodations(s) can be made, and the type of accommodations) to provide. The City will not provide accommodations(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the employee or others. The City will inform the employee of its decision as to reasonable accommodations(s) in writing.
Section 16. FAMILY AND MEDICAL LEAVE
16.1. Purpose.
California Family Rights Act ("CFRA"). Unless otherwise provided in this article "Leave" under this article shall mean leave pursuant to FMLA and CFRA
16.2. Eligibility.
In order to qualify for Family and Medical Leave, the employee must meet the following conditions:
(1) The employee must have been employed by the City for twelve (12) months.
(2)
count towards the 1,250 hours.
16.3. Iype of Leave Covered.
Family and Medical Leave is permitted for the following reasons:
(1) Tie an employe on caron a new top on or plater care of child. (2) eave to care for a spouse, domestic partner, child or parent who has erious health condition,
(3) Leave due to a serious health condition that makes the employee unabl to perform the functions of the employee's position
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Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse, son, daughter, or parent is on covered active duty or call to active duty status; or
Leave to care for a spouse, son, daughter, parent, or "next of kin" who is a covered service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces (this leave can run up to 26 weeks of unpaid leave during a single 12-month period) (under the FMLA only, not the CFRA).
16.4. Definitions for purposes of this policy:
"12-Month Period" means a rolling twelve (12)-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
Single means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date.
The definition of "Child" as it applies to the applicable leave regulation are outlined below.
a. FMLA defines a child as under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological or adopted or foster or step-child. b.
telephones and directories.
c.
(4) "Grandchild" means a child of the employee's child in CFRA.
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(5) "Parent" means a biological parent of an employee or an individual who stood in loco parentis (in place of the parent) to an employee when the employee was a child. This term does not include parents-in-law. (6) "Grandparent" means a parent of the employee's parent in CFRA. sibling" means a person related to another person by blood, adoption, c finity through a common legal or biological parent in CFR (8) "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage.
(9) Domestic partner" means domestic partner as defined under California Fami ode section 297 and 299.2, shall have the same meaning as "Spouse" fo purposes of CFRA leave
(10) "Serious health condition" means an illness, injury or impairment, or physical or mental condition that involves:
a. Inpatient care (i.e., overnight stay in the hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved or recovery therefrom); or
b. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one of or more of the following:
i. A perod of incapacity (I.e.,
serious hey to condition of morehan fue
daily activities due to
consecutive calendar days, and any subsequent treatment or period of ncapacity relating to the same condition), that also involves:
1. Treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by, a health care provider. The first in-person treatment visit must take place within seven days of the first day of
2. Treatment by a health care provider on at least one occasior which must take place within seven days of the first day o capacity and results in a regimen of continuing treatme inder the supervision of the health care provider. This include for example, a course of prescription medication or therapy equiring special equipment to resolve or alleviate the healti condition. If the medication is over the counter, and can b initiated without a visit to a health care provider, it does not constitute a regime of continuing treatment.
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c. Any period of incapacity due to pregnancy or for prenatal care. This entitles the employee to FMLA leave, but not CFRA leave.
obligation to pay for health insurance, as explained below, is limited to i maximum of twelve (12) weeks over a twelve-(12) month period. d. Anyous ind of inapion. or train serious such incontin too i. Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse or physician assistant under direc supervision of a health care provider;
ii. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
ili. May cause episodic rather than continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify tor leave even if the absence lasts only one day.
e. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider.
Any period of absence to receive multiple treatments including any period ecovery therefrom by a health care provider or by a provider of health car services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. (11) "Health Care Provider" means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; an f Christ, Scientist in Boston and Massachusetts; and any health care provide om whom an employer or group health plan's benefits manager will accer City of Fort Bragg 24 Last Updated February 11, 2024
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certification of the existence of a serious health condition to substantiate a claim of benefits
(12) "Covered active duty" means: (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with Armed Forces to a foreign country, or (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of a member of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.
14) "Outpatient Status" 1
prating cacity as and patel of me best stairmed fores recese of medical care as outpatients.
(15) "Next of Kin of a Covered Service member" means the nearest blood relative (16) "Serious Injury or Illness" (1) in the case of a member of the Armed Forces, luding a member of the National Guard or Reserves, means an injury ess that was incurred by the member in the line of duty on active duty in t of the member's office, grade, rank, or rating; or (2) in the case of a veteran Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or ling or cut there dure ace dred are and the mater l
before or after the member became a veteran
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16.5. Amount of Leave
16.5.1. 16.5.2. Minimum Duration of Leave. If leave is requested for the birth, adoption or foster care placement of a child of the employee, basic leave must be concluded within the first year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.
If leave is requested to care for a child, sibling, parent, spouse, domestic partner, grandchild, grandparent or the employee with a serious health condition, there is o minimum amount of leave that must be taken. However, the notice an redical certification provisions of this policy must be complied wit
5.5.3. Spouses Both Employed by the City. In any case in which a connubial coup e both employed by the City and are both entitled to leave, each employi is entitled to twelve (12) workweeks during a twelve (12) month period if leave s taken for the birth or placement for adoption or foster care of the employee hild (i.e., bonding leave.) This limitation does not apply to any other type o leave under this policy.
16.6. Intermittent Leave or Leave on a Reduced Work Schedule
16.7. Substitution of Paid Accrued Leaves
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concurrently with the leave if the leave is for Pregnancy Disability or the employee's own serious health condition.
16.7.2. If an employee is on a paid leave such as Workers Compensation, disability, Paid Family Leave, etc., employees may elect to use vacation, accrued sick leave and/or accumulated compensatory time to substitute for all or part of the otherwise unpaid leave under this policy. However, the City shall not require peace officers or firefighters to use Labor Code section 4850 leave concurrently with Family and Medical Leave.
16.7.3. If an employee takes a leave of absence for any reason which is FMLA/CRA qualifying, the City may designate that lave as running concurrently with the employee's 12-week FMLA/FRA leave entitlement, provided the City will notify the emplovee at the time of the designation, and the designation will not be made retroactively except as provided by law.
16.8. Payment of Health Insurance Premiums While on Leave
16.8.1. While an employee is on Family and Medical Leave and Pregnancy Disabilit eave, the City shall maintain the employee's health insurance coverage on the same conditions as if the employee has been continuously employed during the entire leave period. If the emplovee's FMLA leave is unpaid, the City shall maintain the employee's health coverage for a maximum of twelve (12) weeks in a twelve-month period. If the employee's PDL is unpaid. the City shall maintain he employee's health coverage for a maximum of four months over the course of a 12 month period, beginning on the date of pregnancy disability leave begins
16.8.2. n the event the an employee is disabled by pregnancy and also uses leave unde le CFRA, the City will maintain the employee's health benefits while th employee is disabled by pregnancy (up to four months or 17 weeks) and during the employee's CFRA leave (up to 12 weeks).
16.8.3. If the employee would normally pay health insurance premiums, the City shall require payment from the employee while the employee is on leave.
16.8.4. Employees will not continue to be covered under the City's long-term disability and other non-health benefit plans unless employees make the appropriate contributions for continued coverage and said continued coverage is permitted by the particular plans).
16.8.5. An employee must return to work for a continuous period of at least one (1) month, otherwise they will not be classified as having returned to work. The City nay recover its share of the health care premiums paid on behalf of the employee while the employee was on the leave. See Section 16.17
16.9. Medical Certification
16.9.1. Employees who request leave for their own serious health condition, or to care for a child, parent, or spouse or domestic partner who has a serious health condition, must provide written certification from a health care provider of the individual requiring care
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16.9.2 If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work a employees re test meetse leave, employees posis submit seeM employees ertification which states that such intermittent leave is needed due to t mployee's serious health conditio
16.9.3. nployees who request leave to care for a covered service member who is hild, spouse, parent, or "next of kin" of the employee must provide writt
16.10. Time to Provide a Certification.
16.10.1. When an employee's leave is foreseeable, the employee must provide the medical certification within thirty (30) days before the leave begins. When this is not possible, the employee must provide the requested certification within the time frame requested by the City.
16.10.2. 16.10.3. Second and Third Medical Opinions
request a copy of the health care provider's opinions when there is a second or
16.11. Recertification
16.11.1. ity of Fort Bragg 28 Last Updated February 11, 2024 Personnel Rules and Regulation:
the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is recertification.
16.11.2. Recertification may be requested under the following conditions:
(1) When the basis for FMLA request has changed;
(2) When the employee requests an extension of leave; or At reasonable intervals requested by the City, but not to be more than every thirty (30) days, unless one of the aforementioned criteria also applies.
16.12. Procedures for Requesting Leave.
All employees requesting leave under this policy must submit proper Family and Medical Leave forms to the Human Resources Office.
recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of heir need for leave. If leave is foreseeable, at least thirty (30) days notice is quired. In addition, it any employee knows that they will need a leave in t ure, but does not know the exact date(s) (e a.. for the birth of a child or to ta I co darine he note the mage me guan temp get
knew about the reguested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.
16.13. Accrual of Benefits While on Leave.
Employees will not accrue benefits while in an unpaid leave status, including seniority rights, vacation and sick leave accrual.
16.14. Reinstatement Upon Return From Leave
16.14.1. Right to Reinstatement. Upon the expiration of leave, an employee is entitled to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the Family and Medical Leave period. i a definite date of reinstatement has been agreed upon at the beginning of th eave, the employee will be reinstated on the date agreed upon. If th City of Fort Bragg 29 Last Updated February 11, 2024
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16.15. Employee's Obligation to Periodically Report on Their Condition Employees may be required to periodically report on their status and intent t eturn to work. This will avoid any delays in reinstatement when the employe is ready to return.
16.16. Fitness for Duty Certification
16.17. Failure to Return From Leave.
If an employee uses Family and Medical Leave and fails to return to work for the City, for a continuous period of at least one (1) month, the City may recover its share of health care premiums paid on behalf of the employee while the employee was on leave. The City reserves the right to seek reimbursement from the employee by any legal means.
16.18. Reinstatement of "Key Employees"
The City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. This applies to FMLA only.
Section 17. PAID FAMILY LEAVE
17.1. Eligibility.
17.1.1. Employees who are covered by State Disability Insurance (SDI) are eligible for Family Temporary Disability Insurance (FTDI) benefits while taking care of family These benefits are paid by the State Employment Developmen! There is no requirement that the employee have worked for the City any particular length of time before being entitled to this leave. However, no employee can receive more FTDI benefits than they earned in wages during the base period for calculating benefits. Employees are not eligible if they are receiving State Disability Insurance (SDI), workers' compensation or private
17.1.2. Employees are eligible for this leave under the following circumstances:
For the birth and care of a newborn child, or the placement and initial care of an adopted or foster care child, or
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(2) To care for an employee's spouse, child, parent or registered domestic partner with a serious health condition. However, an employee is not eligible to receive FDI benefits for any day that another family member is able and available for the same period of time that the employee is providing care.
17.1.3. Definitions of all applicable terms will be in accordance with state law relating to Family Temporary Disability Insurance (California Unemployment Insurance Code section 3300 et seq.).
17.2. Request for Leave
scheduling of leave shall apply to requests for Paid Family Leave. As with Family Care and Medical Leave, the employee must submit medical certification to the City to justify the request for such leave.
17.3. Duration of Paid Family Leave
According to law, employees are entitled to a maximum of six (6) weeks pair family leave in a twelve-(12) month period. Such leave runs concurrently witl mily and Medical Leave. An employee is not entitled to more than a maximu twelve (12) weeks leave in a twelve (12) month period to care for a fam
17.4. Compensation During Leave
According to law, employees are entitled to be paid FTDI benefits while on family eave, replacing approximately fifty-five percent (55%) of an employee's wages ayment for these benefits is funded through employee contributions to SD e employee is solely responsible to apply for this compensation from the Stal nployment Development Department (EDD). The City has no obligation 1 ensure that employees receive FTDI payments
17.5. Integration of Benefits
17.6. Waiting Period and Use of Vacation
employe on lan ly eave may begin vee ving a i payments i argie. ity of Fort Brag 31 Last Updated February 11, 2024
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The first week of vacation shall count as the "waiting
period" before the employee may begin receiving FTDI payments Section 18. CATASTROPHIC LEAVE PROGRAM
18.1. Policy
This policy is designed to assist employees who have exhausted all forms of paid to remain on a paid status for a longer period of time, or until the employee is receiving short or long term disability, or is able to retire.
Donation and use of catastrophic leave is at the City Manager's discretion.
Donation and use of catastrophic leave requires the approval of the City Manager or their designee.
18.2. Eligibility for Personal Catastrophic Leave
18.2.1. The employee must meet the following requirements to be eligible for leave under this policy:
(1) The employee must have been employed with the City and be considered actively employed by the City.
(2) The employee must have a verifiable serious emergency circumstance or catastrophic illness or injury requiring an extended period of treatment or recuperation_or the employee must be caring for an immediate family member as defined in Personnel Rules Section 15.2.8 who has a verifiable serious or catastrophic illness or injury.- Serious or catastrophic illness or injury is one in which the employee_or immediate family member is incapacitated and unable to work as certified by their physician for at least four (4) full workweeks. In addition, the employee must provide medical certification documents documenting the employee's serious or catastrophic illness or injury requiring an extended period of treatment or recuperation for at least (4) full workweeks.
(3) In circumstances where an employee faces an extraordinary personal. or emergency situation requiring immediate consideration, the City Manager is authorized to approve the employee's eligibility for participation in the Catastrophic Leave Program. Such approval may be granted when the City Manager determines that the employee's situation constitutes an emergency or extraordinary circumstance resulting in substantial hardship or loss of income.
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(3) The employee must have exhausted all paid leave balances. he employee may not be concurrently receiving short or long-terr lisability or similar benefit, including State Disability Insuranc
18.3. Conditions for Donating Leave.
18.3.1. The following are the conditions for donating leave:
(1) To be eligible to donate leave, an employee must have been employed for six months.
donate leaves of leave are voluntary. No employee shall be required to /acation and sick leave are the only types of leave allowed for donatior and shall be donated on the basis of 1 hour received for each hou donated. If an employee wishes to donate vacation or sick leave, the employee must retain a minimum balance of eighty (80) sick leave hours after donating. If donating vacation leave, the employee must retain a balance of 40 hours after donating.
A donating employee may donate a maximum of 100 hours total to a recipient employee per catastrophic event. Recipient employees may receive a maximum of 520 donated hours (3 months/13 weeks) per catastrophic event.
receiving employee.
(5) Once the leave is donated and posted to the receiving employee, the employee donating such leave shall irrevocably lose all rights and privileges to the donated leave hours.
18.4. Procedures For Donating and Receiving Leave
18.4.1. For donating employees:
A donating employee shall complete the donation form and submit it to the Human Resources Office.
The Human Resources Office will review the request and forward to th ity Manager for approva
After approval by the City Manager, the Human Resources Office wi submit the donation request to payroll for processing
(4) Donated leave will be used only as needed.
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(5) Donated leave will be credited to the receiving employee from the donating employee in chronological order by the date approved by the City Manager.
18.4.2. For receiving employees:
(1) Once the receiving employee's own paid leave balances have been exhausted consistent with this policy, the employee may collect donated leave.
(2) The receiving employee must be eligible for leave meeting the requirements of Section 18.2.1 above) and willing to receive the donated leave.
(3) The medical reasons for the need for the donated leave or name of the staff will only be disclosed to City employees if the employee agrees to such disclosure, either verbally or in writing.
(4) The receiving employee will continue to be provided City-provided health and welfare benefits consistent with the City's Family and Medical Leave Policy._ Formatted: Font: Not Expanded by / Condensed by (55)6 All donated hours must be used on a continuous and uninterrupted basis until the earliest of the following occurs:
a. All donated leave balances are exhausted; or
b. The employee returns to work; or
c. The employee begins receiving long-term disability benefits; or d. The employee's employment terminates.
18.5. MISCELLANEOUS
(1) Catastrophic Leave donations are not tax deductible for the donor and all payroll taxes are the obligation of the recipient.
(2) The recipient/donor must not have solicited nor accepted anything of value in exchange for the donation.
The Policy will be administered in a manner consistent with the Family Medical Leave Act/California Family Rights Act and applicable City leave policies and will not otherwise extend or alter an employees rights under those policies.
(4) All donations shall remain confidential.
(5) Donations will be deducted from the donor's balances as they are credited to the recipient. When the employeeemployee returns to work on a regular basis ortenders notice of resignation or retirement, any hours remaining in City of Fort Bragg 34 Last Updated February 11, 2024
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the catastrophic leave account will be refunded to the donors on a first-in- first basis, meaning the leave will be returned hour per hour to the last donation received.
(6) Must have exhausted all earned leave balances (including sick, vacation, nd compensatory time. However, the City Manager may approve th olicitiationsolicitation and acceptance of sick and/or vacation donation prior to all balances being exhausted when the physician's statement and existing leave balances indicate that all such balances will be exhausted within the next two pay periods.
Section 19. LAYOFF AND RECALL POLICY
19.1. Whenever, in the sole judgment of the City Council, it becomes necessary to any position due to a reorganization, lack of work or funds, or abandonment of activities, the employee holding said position may be laid off or demoted without the right of appeal. Whenever possible, employees will be given at least thirty (30) days notice of any layoff or demotion.
19.2. Order of Layoff.
19.2.1. When a position has been abolished, any seasonal, emergency, probationary or temporary employee in that position classification shall be laid off first
19.2.2. The order of lavoff of full-time regular employees shall be determined based on seniority and the employee's overall performance as a City employee. Any full- time regular employee who holds a position which will be abolished shall first be considered for reassignment to an existing vacancy in a lower or equal class, provided the employee is qualified for the vacant position and such vacancy exists. If reassignment is not feasible, and the layoff involves a position classification held by more than one person, layoffs will be made based on the following criteria. Selection for retention shall be based equally upon performance as determined and supported in writing by each supervisory level involved and upon seniority of service. Therefore, this policy does not preclude the retention of employees who have less seniority in the position classification which is the subject of reduction in force action. 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.
19.2.3. The following criteria shall be considered in evaluating performance:
(1) The employee's last four (4) written performance evaluations, if in existence.
(2) The history of an employee's written disciplinary actions during the last three (3) years.
(3) The employee's written record of attendance including patterns of sick leave usage, tardiness and unexcused absences during the last three (3) years.
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(4) If there are no performance evaluations, dated within the last year, the employee's current and past supervisors' evaluation of the employee's performance
19.3. 19.4. This policy does not apply to at-will employees.
Section 20. DISCIPLINE / GENERAL RULES OF CONDUCT
20.1. General Rules of Conduct
it is expected that all employees shall render the best possible service and reflect credit on the City. Therefore, the highest standards of professional conduct are essential and expected of all employees.
20.2. Disciplinary Actions
20.2.1. The City may invoke the following types of disciplinary actions:
(1) Oral Reprimand;
(2) Written Reprimand;
(3) Suspension Without Pay;
(4) Reduction in Pay;
(5) Demotion;
(6) Disciplinary Probation; and
(7) Discharge/Termination
20.2.2. Employees who are FLSA-exempt shall not be subject to disciplinary action tha reements of pay unless the discipline reduces the salary in full work week
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20.3. Grounds for Discipline
20.3.1. isciplined yee gold cause Cly employees in tre Cried at vice a b d "at-will " or wh
20.3.2. advantage of others.
seriousness of the offense and the relevant employment history of the employee Causes for disciplinary action against an employee may include, but shall not be limited to, the following:
(1) Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the City; (2) Furnishing knowingly false information in the course of the employee's duties and responsibilities;
(3) Inefficiency, incompetence, carelessness or negligence in the performance of duties;
(4) Violation of safety rules;
(5) Violation of any of the provisions of these personnel rules and regulations, department rules and regulations, City policies, ordinances or resolutions;
(6) Inattention to duty;
(7) Tardiness or overstaying lunch periods;
(8) Excessive use of sick leave or use of sick leave that indicates an abuse of leave time (i.e. consistent use of leave on a Monday and Friday):
(9) 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;
(10) 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;
(11) Any violation of the City's Nondiscrimination Policy; (12) Unauthorized soliciting on City property;
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(13) Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has beel fom wroved, revoked or canceled; or any other unauthorized absence (15) Discourteous or offensive treatment of the public or other employees; (16) Falsifying any City document or record;
(17) 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:
(18) Fighting, assault and/or battery;
(19) Theft or sabotage of City property;
(20) -Sour duty person, except as specifically authorized for twenty four (24) (21) Accepting bribes or kickbacks;
(22) responsibil outside employment which conficts with an employee's (23) Intimidation or interference with the rights of any employee; (24) Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively mpacts the effective performance of City functions or is not compatibl vith good public service or interests of the City service (25) Abusive or intemperate language toward or in the presence of others in the workplace;
(26) Failure to obtain and/or maintain minimum qualifications for a position, including required licenses or certificates;
(27) Any other conduct of equal gravity to the reasons enumerated above as determined by the City.
20.4. Authority to Discipline
Any authorized supervisory employee may institute disciplinary action for cause against an employee under their supervision in accordance with the procedures outlined in these Rules
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20.5. Procedures for Disciplinary Actions
In the absence of a process in a MOU, employees covered by this policy shall be governed by the following provisions:
20.5.1. Oral and Written Reprimand
20.5.1.1. In the case oral or written reprimand, the employee may respond by submitting a written rebuttal to be filed in the employee's personnel file. No oral response or appeal shall be permitted
20.5.2. Notice of Intent to Discipline
20.5.2.1. For discipline greater in severity than an oral or written reprimand, the esponsible Department Manager shall issue a written Notice of Intent to iscipline, describing the intended discipline, the basis for the discipline, an taching any documents upon which the discipline is based. The Notice of Intel to Discipline shall state that the employee has a right to respond, either orally or in writing, before discipline is imposed.
20.5.3. Discipline in Severity of Five Working Days or Less
20.5.3.1. The responsible Department Manager shall set the pre-discipline meeting approximately one (1) week from the date of the Notice of Intent to Discipline, less a ditterent time and date is set by mutual agreement. I ne employee sh:
entitled to a representative of their choice: provided. however, that the inabili of a particular representative to attend the meeting shall not be a cause requiring a postponement of the meeting. At the meeting, the employee shall be provided the opportunity to respond to the charges and to present any new information for consideration by the Department Manager. Following the informal meeting, the responsible Department Manager shall provide the City Manager with a report of the pre-disciplinary meeting including a recommendation of discipline.
20.5.3.2. fo respond astone cha ties the City Manages false a trained orientee The notice shall include the final disposition, the effective date of the discipline and the facts upon which the discipline is based. No further appeal shall be
20.5.3.3. 20.5.4. Discipline in Severity of More than Five Working Days
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in writing, before discipline is imposed. The City shall set the pre-discipline meeting approximately one (1) week from the date of the notice, unless a different time and date is set by mutual agreement.
20.5.4.2. BEDEE
20.5.4.3. At some reasonable time after the employee has been provided an opportunity to respond to the charges, the City shall issue a final notice of discipline. notice shall include the final decision, the effective date of the discipline and the facts upon which the discipline is based
20.6. Appeal of Disciplinary Action
20.6.1. For a suspension in severity of more than five (5) working days, a reduction in pay of five (5) working days or other more severe form of discipline as enumerated in Section 20.2.1, employees shall have the right to appeal from the final notice of discipline. The notice of appeal must be received within seven (7 calendar days from the date of the final notice of discipline, or the right to proceed to the next appeal level under these Rules shall be forfeited and the discipline shall become final.
20.6.2. The appeal shall be heard by an independent hearing officer to be selected by the City,
20.6.3. transcript and court reporter's fees.
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Section 21. APPEAL PROCEDURE FOR NON-DISCIPLINARY GRIEVANCES
21.1. his appeal procedure is intended to provide an avenue only tor redress ( omplaints that the City has violated these Rules. Exhaustion of this appe 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 seriou lowever, this appeal procedure may not be used for any of the following: tr appeal discipline, change wages, hours or working conditions; to challenge the content of employee evaluations; or to challenge a reclassification, layoff, transfer, denial of reinstatement or denial of salary increase.
21.2. Only regular employees in the Classified Service who have completed probation have access to this entire appeal procedure. At will and provisional employees do not have access to this procedure. Part time, seasonal and temporary employees may utilize this procedure up to the Human Resources Director/City Manager level only. The Human Resources Director/City Manager's decision regarding the grievance shall be final and binding.
21.3. Every effort should be made to resolve a grievance regarding these Rules at the point the grievance arises, through informal discussion between the grievant and their supervisor.
21.4. the grievant is not satisfied with resolution of the matter after speaking wit eir supervisor, the grievant may present a formal written grievance to th Human Resources Office. The written grievance must be presented within fifteen (15) calendar days of the facts giving rise to the appeal. However, this time limit may be waived if agreed to by the City. The Human Resources Director/City Manager may, in their discretion, submit the grievance for response as the first step to a directly involved supervisor or other department representative.
21.5. Grievance appeals must be in writing, signed by the affected employee(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.
21.6. The City Manager, or designee, will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal.
21.7. If the appellant is dissatisfied with the City's first response, the appellant may submit a written appeal to the City Manager. The appeal must be received by the City Manager within fifteen (15) calendar days of the Human Resource Office's response.
21.8. 21.9. lo other grievance or appeal procedure may be used for matters within th cope of this appeal procedur
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21.10. The City shall not take any adverse employment action against an employer ecause the employee filed a grievance regarding alleged violation of these Rules.
Section 22. PART TIME SEASONAL AND TEMPORARY EMPLOYEES
22.1. art-time, seasonal and temporary employees are employed on an at-will basi ind may be terminated at any time with or without cause and without right appeal.
22.2. ll part time, seasonal and temporary employees shall be compensated on traight hourly basis for the actual number of hours worked. The rate of pay sha e determined by the City Manager within the salary range then in effec specified for the position occupied by the employee
22.3. No seasonal or temporary employee shall be eligible for participation in any benefit program established by the City, except as required by state and/or ederal law. Part time employees who do not work for the City on a temporary ›asis and who work more than thirty (30) hours per week on average shall be entitled to the same benefits enjoyed by regular full time employees based upon a proration of average hours worked. EXAMPLE: An employee who works an verage of thirty (30) hours per week shall receive holiday compensation in a mount equal to three (3)-quarters of the benefit provided to regular full tim employees. Holiday, vacation, sick leave, city payment of health premiums and other similar benefits shall be prorated on this same basis.
22.4. Part time, seasonal and temporary employees shall work on a schedule determined by the City. Part time, seasonal and temporary positions may be abolished and/or replaced with full time positions as determined by the City.
22.5. No part time, seasonal or temporary employee shall be eligible for a salary adjustment except as approved by the City Manager upon the recommendation of the department manager, based on the employee's performance evaluation.
Performance evaluations of such employees may be completed in accordance with the procedure set forth for full time employees, except for seasonal employees who may be presented with a performance appraisal report shortly after the completion of the season for which they are appointed. In general, no part time, seasonal or temporary employee shall be eligible for a salary adjustment except upon the satisfactory completion of one of the following
22.6. Cry on or sen in ate pera as emined or the a see if excess of yes ime period, the employee does not mure regular sis retained in City of Fort Bragg 42 Last Updated February 11, 2024
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Section 23. PERSONNEL FILES
23.1. he City shall maintain an official personnel file for each of its employee or she admis cation or suman resule in de ai may be dermed necesar
23.2. Personnel files shall be made available for inspection by employees within reasonable time after an employee's written request and without loss of pay provided that employees must make arrangements with their supervisor if the background and other pre-employment information, and materials relating to confidential investigations.
23.3. The City maintains injury reports and confidential medical records in separate files.
23.4. The City shall designate the area used for the inspection and shall have an official monitor the emplovee's inspection of the emplovee's personnel file while it is being reviewed. Under no circumstances shall the employee remove the personnel file or any of its contents from the area designated for the inspection.
Section 24. RESIGNATIONS AND EXIT INTERVIEWS
24.1. Employees are free to resign from their employment, but are encouraged to givı 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 resignation to be rescinded.
24.2. Automatic Resignation. Employees are demed to have resigned when absent from work for three (3) consecutive workdays without prior authorization. The City shall give notice of such automatic resignation.
berbatinany empoyees, retin may uyes who are separated fram ahe tty5 service by automatic resignation may utilize the appeal procedure in Section 21
24.3. Exit Interviews. The City may, in its discretion, require employees separating from City employment to undergo an exit interview with the Human Resources Office.
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Section 25. HARASSMENT, DISCRIMINATION AND RETALIATION PREVENTION POLICY
25.1. The purpose of this policy is:
(1) To reaffirm the City's commitment to prohibit and prevent unlawfu liscrimination, harassment, and retaliation in employment To define discrimination and harassment prohibited under this policy; To set forth a procedure for resolving complaints of prohibite liscrimination and harassment
25.2. This policy shall not be construed to create a private or independent right of action. Although this policy is intended to prohibit discrimination consistently with Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the California Fair Employment and Housing Act and California abor Code Section 1102.1, the City reserves the right to interpret and apply this olicy to provide areater protection than what is afforded under those laws.
25.3. Statement of Policy. The City 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, color, sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), national origin, ancestry, citizenship status, physical or menta disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality,
and conditions of employment, including compensation, hiring, training, complaint procedures provided in Section 25.8 of these Personnel Rules and Regulations. 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.
25.4. The City strongly disapproves of and will not tolerate any conduct that violates this policy. Conduct need not arise to the level of violation of law to violate this policy. Harassment or discrimination against employees, unpaid interns,
25.5. 25.6. etaliation against individuals who complain of sexual harassment or any tyr prohibited discrimination or who participate in an investigation into sexu ity of Fort Bragg Last Updated February 11, 2024
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harassment or discrimination shall not be tolerated. Employees who engage in such acts of retaliation shall be subject to serious disciplinary action, up to and including termination
25.7. Definitions
(1)
characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality, or any other peech: Such as epithets, derogatory comments or slurs, and lew This include:
including dress or physical features, or dress consistent with gender identification,, or race or ethnicity-oriented stories and jokes. submission to physical acts.
limitation, sending
employees, displaying pictures or objects depicting nude or scantily-clad or suggestively posed men or women; circulating derogatory or obscene notes, letters, emails or other literature.
Unwanted sexual advances: Requests for sexual favors and other acts
25.7.1. Harassment on the basis of a protected classification is prohibited. Verbal o hysical conduct relating to these categories constitutes harassment when i ity of Fort Bragg 45 Last Updated February 11, 2024
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(1) Has the purpose or effect of creating an intimidating, hostile or offensive working environment;
las the purpose or effect of unreasonably interfering with an individua ork performance; ‹
Otherwise adversely affects an individual's employment opportunities.
25.7.2. ho associate with an individual who is involved in reportir arassment or discrimination or who participates in the complaint or investicatic
25.8. Reporting Unlawful Harassment or Discrimination.
25.8.1. Any employee, job applicant, or contractor who believes they has been unlawfully harassed or discriminated against should promptly report it orally or in writing to: the employee's supervisor, the Human Resources Office or the City Manager. There is no need to follow the chain of command.
25.8.2. Any supervisor or manager who receives a complaint, or who observes or otherwise learns about harassing conduct, as defined by this policy, is required to notify the Human Resources Office immediately. Failure to do so may result in disciplinary action.
25.9. Remedial Action
25.9.1. Upon receiving complaints of discrimination or harassment, the City will take immediate and appropriate corrective action, which may include an investigation of the complaints. Any investigation and investigation report prepared relating to the complaint shall be kept confidential except as required by law. If harassment or discrimination is found to have occurred in violation of this policy, the City shall
25.9.2. If conduct in violation of this policy occurred, take action or recommend to the City Manager prompt and effective remedial action.
25.9.3. Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation..
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25.9.4. Employees found to have engaged in discrimination or harassment covered by
25.9.5. 25.10. • Retaliation. Employees should feel free to report claims of unlaw arassment without fear of retaliation of any kin
25.11. issemination of Policy. Copies of the City's Nondiscrimination Policy, and ( ese complaint procedures, shali be provided to all employees of the City, ar to all new employees at the time of hiring. From time to time, the City may also conduct training for its employees to assist them in learning how to recognize, avoid and correct discriminatory behavior.
25.12. Confidentiality
very possible effort will be made to assure the confidentiality of complaint:
nade under this policy. An individual who is interviewed during the course of al sclose a completed investigation report except as it deems necessary | port a disciplinary action, to take remedial action, to defend itself adversarial proceedings, or to comply with the law or court order
25.13. Responsibilities of Management and Employees
25.13.1. behavior, treating all employees and contractors with respect and consideration, taking all steps necessary to prevent harassment, discrimination, or retaliation om occurring: receiving complaints in a fair and serious manner, an steps taken to resolve complaints reporting incidents ( crimination in a timely fashion; cooperating in any investigation concerni allegations of discrimination; and to the extent possible maintaini confidentiality concerning any investigation that is conducted.
25.13.2. Employees are responsible for being familiar with the City's policy or marassment, discrimination and retaliation; modeling appropriate behavior City of Fort Bragg 47 Last Updated February 11, 2024
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Section 26. All employees are also encouraged to communicate with one another to assist
26.1. General Safety Rules
26.1.1. sad epse any este onions at may over. The us alo vero gracious responsibility to maintain safe workplaces.
26.1.2. I any queston regarding une propriate supervisor, the repot should be mate immediately to the Human Resources Office.
26.1.3. De provided work waters rmpensation an or time one i let house of the injury.
26.1.4. Individual departments may adopt specific safety rules applicable to their operations.
26.2. Violence in the Workplace Policy
26.2.1. Acts of violence, whether threatened, gestured, or carried out will not be tolerated in any City workplace. Anyone witnessing or becoming the subject or victim of such behavior shall immediately report it to the proper authorities for investigation. Minimizing the threat of violence is a duty of all employees to ensure a safe workplace.
26.2.2. It is the responsibility of all employees to notify a supervisor, the Human Resources Office, or the City Manager immediately of any violent act or a threat, or if a violent act or threat against themselves or any other City employee occurs in the workplace or is directly associated with their employment with the City Notification may be made to any of these persons as appropriate and shall be as soon as practicable. Retaliation or the threat of retaliation against a person who reports such an incident is unlawful and shall not be tolerated.
26.2.3. (1) Firearms;
(2) Explosives or ammunition;
(3) Fixed blade knives;
(4) Folding knives with blades over 3.5 inches;
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(5) Illegal weapons such as defined in Section 12020 of the California Penal Code.
26.2.4. The City shall take appropriate disciplinary action, up to and including termination of employment, against employees who violate this policy.
26.2.5. in a case by case basis, or as needed, the City will offer incident-relater ounseling services through the City's Employee Assistance Program (EAP), o any other resource or program made available by the City, to employees who are the victims of violence or are subjects of threats of violence or intimidation at the workplace. The City administration will work with public safety, the courts and other authorities necessary to assure employee safety.
26.3. Procedures - Imminent or Actual Violent Acts
26.3.1. Employee Responsibilities. An employee who is in immediate apparent danger of a violent act, or another employee who witnesses a violent act or the threat of a violent act shall, whenever possible:
(1) Place themselves in a safe location.
(2) Call 911 and request the immediate response of a police officer. Be prepared to inform the police dispatcher of the circumstances and exact location of where an officer is needed.
(3) Inform a supervisor or manager of the circumstances. (4) Refer media inquiries to the City Manager's Office. (5) Cooperate fully in any administrative or criminal investigation which shall be conducted within this policy and the laws.
26.3.2. Supervisor/Manager Responsibilities:
(1) Place themselves in a safe location.
(2) i supervisor or manager who is informed of a violent act or the threat o violent act shall whenever possible ensure the immediate safety o employees and the worksite by calling 911, and notify the department manager and Human Resources Office.
(3) If feasible, the supervisor/manager shall have the involved individuals wait in separate rooms or locations untit the police take control or remove them from the premises.
(4) In consultation with the City Manager, determine if it is appropriate to obtain a restraining order or other appropriate injunctive and/or othe egal and/or equitable reliel
(5) Reassign/relocate personnel or job duties, if required. (6) Terminate any business relationship.
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(7) Any other action deemed by the City to be necessary or required unde ne circumstance:
(8) Supervisors shall obtain basic information from the employee and provide this to responding police personnel.
(9) Refer media inquiries to the City Manager's Office.
26.3.3. Procedures - Future Violence:
(1) Employees who have reason to believe they, or another City employee nay be victimized by a violent act sometime in the future, at the workplace or as a direct result of their employment with the City, shall İnterupei superal or immedia dea propriate action may be taken. (2)
Human Resources Office
26.3.4. Post-Incident Review:
(1) The City Manager's Office, the Human Resources Office and the affected department may conduct a post-incident review and use the review to evaluate this policy and procedure.
(2) The City may determine what continuing support systems are needed and oversee post-incident activities.
Section 27. OUTSIDE EMPLOYMENT
27.1. City employees may not engage in any outside employment, enterprise or activity that the City determines is in conflict with or impairs the employee's ability to perform their duties and responsibilities, or any aspect of City operations. A utside employment must be authorized by the City Manager
27.2. Off duty hours include unpaid lunch break periods, but do not include other rest or break periods during which the employee continues to receive pay.
27.3. Employee shall not perform work for compensation outside of their City mployment where any part of their efforts will be subject to approval by an officer, employee, board or commission of the City, unless the employee obtains City of Fort Bragg 50 Last Updated February 11, 2024
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Section 28. VOLUNTEERS
28.1. The City may utilize volunteers for the delivery of City services The use of volunteers shall be subject to approval by the City Manager
28.2. 22200
28.3. mployee Volunteers. Subject to approval by the City Manager, employees mi blunteer to provide services to the City outside of their normal duties, provide they are not performing the same or similar duties for which they or any other City employee are normally compensated and the responsibilities are occasional and sporadic. Employees engaging in such volunteer assignments shall not be entitled to compensation.
Section 29. DRUG AND ALCOHOL FREE WORKPLACE
29.1. le City's workplace shall be drug and alcohol-free. The City has established rug Free Awareness Program to inform employees about City policy wi respect to drug abuse in the workplace.
29.2. No employee shall unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any alcoholic beverage, drug or controlled substance as defined in the Controlled Substances Act and Code of Federal Regulations may onyone served on aly prayedy at even express approved by the dis
29.3. Jpon reasonable suspicion of an employee being under the influence while or duty, the City may require the employee to submit to drug and alcohol testing, a the City's expense. Employees who decline to submit to such testing may be subject to discipline, up to and including termination of employment.
29.4. The City shall distribute at initial appointment and periodically thereafter the following Notice to employees.
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NOTICE TO EMPLOYEES
YOU ARE HEREBY NOTIFIED that it is a violation of City policy for any employee at a City work site to unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any alcoholic beverage, drug or controlled substance as defined in the Controlled Substances Act and Code of Federal Regulations.
City work site is defined as any place where City work is performed, including a City owned building or other premises and any City owned or approved vehicle used in the conduct of City business.
As a condition of your continued employment with the City, you will comply with the City's policy on Drug and Alcohol-Free Workplace and will, any time you are convicted of any criminal drug or alcohol statute violation occurring in the workplace, notify your supervisor o his conviction no later than five days after such conviction.
The following drug and alcohol counseling, rehabilitation, and/or employee assistance programs are available locally
CIGNA Behavioral Health Plan, California - Telephone toll-free 1-888-371-1125 (Employee Signature) (Date)
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Section 30. NEPOTISM POLICY
30.1. No employee, prospective employee, or applicant shall be improperly denied mployment or benefits of employment on the basis of marital status with anothe mployee or official of the Cit
30.2. Notwithstanding the above, the City retains the right to take appropriate steps to (1) efuse to place one party to a relationship under the direct direct supervision of the other party of a relationsh
(2) efuse to place both parties to a relationship in the same epartment, division, or facility when such action has the potentia r creating adverse impact on supervision, safety, security, orale, or involves potential conflicts of intere:
(3)
confidential information.
(4) Effect a transfer in the event the City learns of circumstances described above.
Section 31. GIFTS AND GRATUITIES
31.1. No officer or employee of the City shall solicit or accept, for self or family, favors. benefits, gifts or gratuities under circumstances which might be construed as nfluencing the performance of the employee's governmental duties.
Section 32. USE OF INFORMATION AND ELECTRONIC SYSTEMS
32.1. BECAME
32.2. ub penaed. inadin, the city reserves the right revie, audi, and disco s City of Fort Bragg 53 Last Updated February 11, 2024
Personnel Rules and Regulations
all matters sent over and/or stored in the City's electronic system or on a City
32.3. Serial Meetings. In accordance with the Brown Act (Govt. Code Section 54950 et seq.), City employees must take care to ensure that electronic systems are not used to transmit, either all-at-once or serially, City legislative officials positions on matters of City business to a majority of any City body of elected
32.4. Use During Normal Business Hours. The City's electronic systems are provided for the purposes of conducting business. Except for brief, occasional, necessary or emergency use, the City's electronic systems shall not be used for personal use during normal business hours. Use of non-City business software including games or entertainment software is considered an improper use of these electronic systems. Employees shall not conduct personal or private business, including purchase of goods or services via the City's internet connection. Such uses are prohibited at all times during normal business hours or outside normal business hours.
32.5. Account Access. Employees shall not attempt to gain access to another City employees' personal file of electronic mail messages without the latter's express written permission or permission from the City Manager or designee.
32.6. Prohibited Use.
32.6.1. The electronic mail and other electronic systems of the City shall not be used in a way that may be disruptive, offensive to others, harmful to morale or violate City policies and procedures or laws. These electronic systems shall not be used to solicit or proselytize others for commercial venture, religious of political causes, outside organizations, or other non-job-related solicitations. Improper use includes any display or messages that are derogatory, defamatory, obscene, violent, or offensive to employees or the public and/or any messages that are of
32.6.2. 32.6.3. Incidental and occasional personal use of electronic mail is permitted within the City, but the messages will be treated no differently from other messages and will remain the property of the City as to review and auditing techniques. All Personer rules and Regulationa 54 Last Updated February 11, 2024 personal use shall be done outside of normal working hours and not during provided morning and afternoon breaks or lunch periods.
32.6.4. ccasional personal access to the internet may be permitted. However, suc ersonal use shall only be permitted if it does not interfere with or delay th employee's work or interfere with regular City business and shall comply with al provisions herein. All use of the internet may be periodically reviewed by the City Manager or designee.
32.6.5. In addition to other prohibited uses, employees shall not: Install programs on the City computer system (including but not limited to virus checking and screen savers) without the prior written consent of the Department Head or Human Resources Office, or each of their designees; copy City Programs for personal use; disclose an account password or otherwise make the account available to others; or infringe on others' access and use of the City's computers, including but not limited to:
(1) The sending of excessive messages, either locally or offsite; (2) Unauthorized modification of system facilities, operating systems or disk partitions:
(3) Attempting to crash or tie up a City computer or network; (4) Damaging or vandalizing City computing facilities, equipment, software, or computer files;
(5) Intentionally developing or using programs which disrupt other computer sers or which access private or restriction portions of the system and/o lamage the software or hardware components of the system; (6) stalling or using a modem on City owned or leased computers witho le prior written consent of the Department Head or Human Resource Office, or each of their designees;
reproducing communications marked attorney-client
privileged or confidential without the prior consent of the City Manager and/or City Attorney; or violating any federal, state or local law in the use of City information systems.
32.7. Public Records.
32.7.1. 32.7.2. Mes lo, witen attention is orlaned pursuit so overne coa ection 34090 or applicable City resolutior
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32.7.3. Public Records requests shall be handled in accordance with Government Code section 6250 et sea.
32.7.4. The City reserves the right for any reason to access and disclose all messages and other information sent or received by electronic means or stored on electronic media.
32.7.5. The City has the right to delete or retain any or all messages or other information sent or received by electronic means or stored on electronic media by a City employee who is no longer employed by the City.
32.8. Intellectual Property Rights. No employee shall violate any copyright or license to software or other online information (including, but not limited to, text images, cons, programs, etc.) whether created by the City or any other person or entity.
32.9. Failure to Comply. City employees who fail to comply with the terms and conditions of this policy shall be subject to disciplinary procedures that may be informal and/or formal actions depending upon the severity of the offense.
Discipline may result in termination of employment with the City.
Section 33. DRESS CODE
33.1. 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.
(1) Prescribed uniforms and safety equipment must be worn where applicable. City uniforms shall be worn in a professional manner.
Footwear must be appropriate for the work environment and functions being performed.
(3) Jewelry is acceptable except in areas where it constitutes a health or safety hazard.
(4) Employees shall 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.
Section 34. USE OF CITY EQUIPMENT / AUTOMOBILE USE
34.1. 34.2. Automobile Use. City owned vehicles are to be used for travel on City business by City employees. City employees who utilize City-owned vehicles or their own personal vehicle in the performance of their duties must maintain a valid California driver's license at all times. In those instances where a City vehicle is City of Fort Bragg 56 Last Updated February 11, 2024
Personnel Rules and Requlations
not available for use and the employee is required to use their private vehicle on City business, employee shall be compensated for such use as provided in the relevant Wage and Compensation Plan or Memorandum of Understanding as adopted by Council resolution. Prior to using a private vehicle on City business, employee must obtain and provide City with a Certificate of Insurance on the form provided by the City which evidences that employee has comprehensive automobile liability insurance or business automobile liability insurance in an amount of at least $300,000.
34.3. Use of Vehicle Safety Belts. Motor vehicles purchased by the City for use by city personnel are equipped with safety belts. All city personnel who drive city vehicles shall use and ensure that all passengers use available safety belts in the vehicles being operated. The police department may adopt rules and reaulations which supersede this provision which will govern the use of seat belts by police officers and persons taken into custody. Employees will inspect the serviceability of the safety belts at the start of each work day. Passengers shall ride only in those positions of a city vehicle designed for the carrying of passengers.
34.4. The City will verify with the DMV the validity of each employees' driver license on an as needed basis. City DMV Program:
34.5. The City complies with the drug and alcohol testing regulations of the Department of Transportation (DOT) (49 CFR part 40) and the Federal Aviation Administration (FAA) (14 CFR part 120). All persons performing any of the following safety-sensitive functions are subiect to the DOT/FAA drug and alcohol testing program:
Maintenance Worker Il
Maintenance Worker III
Maintenance Worker IV
Maintenance Worker Lead
For more information relating to the DOT program, visit the following website:
http://www.dot.gov/ost/dapc/
Section 35. TRAVEL AND TRAINING POLICY
35.1. 35.2. The City generally requires that training, and attendant travel, be scheduled in a way that will minimize the City's overtime liability
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35.3. Section 36. GARNISHMENT FEES
36.1. City will to deduct the maximum allowed by state law from the employee's earnings for each payment made under a wage garnishment or earnings withholding order to reimburse the City for administrative costs.
Section 37. MISCELLANEOUS
37.1. These rules and regulations shall only become effective when they are adopted by the City Council. Upon adoption they shall supersede any and all City-wide and/or departmental personnel management policies, rules, regulations, and procedures previously adopted, except those adopted by order of a department manager which are not in conflict with these Rules.
37.2. Any and all provisions contained in a Memorandum of Understanding (MOU) in effect at the time of adoption of these Rules, and which may be in conflict with the provisions of these Rules, shall remain in effect and supersede these Rules until such time as the conflicting provisions of the MOU may be modified, through the meet and confer process, to conform to these Rules. No existing MOU shall be modified, and no new MOU shall be entered into, which would establish provisions which would be in conflict with these Rules unless expressly identified by the City Manager and recommended to the City Council for review and
37.3. 37.4. 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 shall be given full force and effect.
37.5. Word Usage. The term "City" as used in these rules refers to the City of Fort Bragg. Responsibilities and rights of the City under these rules are exercised by the City Manager, and may be delegated by the Manager in their discretion.
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Section 38. DEFINITION OF TERMS
Allocation
and responsorty of stion to ae posion the basis of the kind, dificully Anniversary Date Potion write lasted set, promoted, demoted, or reinstated to a Applicant With the Son submitting a formal, completed application for employment Appointing
Authority City Manager.
Appointment Placement of a certified candidate from an eligible list to a position within the classified service. For employees rehired after a resignation or reinstatement from layoff, the appointment date is the re-hire o einstatement date
At-Will
or without notice or cause
City As used in these rules refers to the City of Fort Bragg. Responsibilities and rights of the City under these rules are exercised by the Cit anager, and may be delegated by the Manager in their discretion Class position or group of allocated positions sufficiently similar in dutie erformed, degree of supervision exercised or required, desirab Classified Service All full-time employees of the City of Fort Bragg, except elected officials, Class Specification The written description of a class, including the title; a statement of the nature of the work, examples of duties and responsibilities, and the requirements that are desirable for the satisfactory performance of the duties of the class.
Class Title The title assigned to any particular class and used for reference to that class.
Compensation Salary, wages, fees, benefits, allowances, or monies paid to, or on behalf of, an employee for personal services.
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Compensatory
Time Of Time off in lieu of pay for overtime worked.
Continuous
Examination An open competitive examination which is administered periodically resulting in the placement of names on an employment eligible list ontinuous Service Employment without interruption. Includes approved leaves of absenc serve in the armed forces of the United States, as provided t Section 395 of the Military and Veterans Code, as amended.
Demotion 103 poston ng more as having love roamum any rate chan the employee's class.
Discharge Dismissal and/or involuntary separation of an employee for cause from the classified service.
Eligible A person whose name is on an active reemployment, promotional, or initial appointment list and who may, under these rules, be certified for consideration of appointment to a position in the classified service.
Emergency
Employee An individual appointed to a classified or non-classified position for a period not to exceed thirty (30) days.
Employee Seridevidual appropriately appointed to a postion within the classied Employment Date For retirement, sick leave, and other benefit purposes, the effective late of an employee's initial appointment to a full-time or regular part ime position within the classified service
Grievance
Grievance
Procedure The systematic means by which an employee may obtain consideration of a grievance.
Grievant An employee or group of employees or the recognized employee organization filing a grievance.
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Initial Appointment The appointment of a person to a position in the classified service nitial appointment does not include employees who are presen Tensated or replayed from are employment persons who are being Layoff
Management The management group is comprised of the following full time, at-wil appointments (positions may be vacant and/or currently unauthorize for budgetary purposes):
- Director of Public Works
- Director of Finance
- Director of Community Development
- Chief of Police
- City Clerk/Assistant to the City Manager
- City Engineer
- Assistant City Manager
such employees are so distinguished as they: 1) have as their primar luty the management of an enterprise or recognized department c subdivision; 2) have authority to hire and fire, or to render suggestions as to those decisions; 3) customarily and regularly exercise discretionary powers; 4) have as their primary duty the function as a manager, and 5) do not devote more than 20 percent of their weekly work time to non-management activities
Meet and
Confer Process The procedures established by Section 3500, et seq., of the California Government Code, as amended.
Merit and Salary
Advancement A salary increase from one salary step to a higher salary step in the same pay range.
Mid-Management The mid-management group is comprised of the following full-time, regular classifications (positions may be vacant and/or currently unauthorized for budgetary purposes):
- Assistant Finance Director
- Associate City Engineel
- Engineering Technician
- Human Resources Analyst
- Planner
• Police Lieutenant
• Public Works Supervisor
- Treatment Plant Superintendent
Miscellaneous
Employee An employee of the classified service other than a sworn safety officer or management employee.
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Non-Classified
Employee All officers and employees of the City not within the classified service as defined above.
Open Competitive
Examination An examination open to qualified applicants either within or outside the classified service.
Part-Time Position
budgeted position of less than forty (40) hours per week during each Pay Range The range of salary rates or steps for a position class.
Position Group of current duties and responsibilities assigned or delegated b competent authority and requiring full or part-time services of one (1 employee.
robationar
mploye An individual in a regular classified position who has been appointed or promoted from any eligible list, but who has not yet completed the probationary period.
Probationary
Period A designated period of employment in a regular classified position appointment from an appropriate eligible list. The
appointment may be original or promotional.
Promotion The movement of an employee from a position of one class to a position of another class having a higher maximum salary rate with an increase in duties and responsibilities over the employee's present class.
Provisional
Appointment The appointment of a person possessing the minimum qualifications last established for a particular class other than eligibility by examination and who has been appointed to a position in that class ir the absence of available eligibles
Provisional
Employee An employee appointed to fill a full time position vacancy for a eligible ist six (f63 month period of time when no valid employment Reallocation The official determination that a position be assigned to a class different from the one to which it was previously assigned.
Recognized Employee
Organization An employee organization which has been formally acknowledged by the City as the employee organization that represents the employees in an appropriate representation unit pursuant to Article I(J) of the Employer-Employee Resolution of the City of Fort Bragg.
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Reemployment List List of former probationary or regular classified employees of particular class who were separated due to reduction in force and are entitled to have their names certified for appointment to vacant position in that class.
Regular
Employee An employee having satisfactorily completed the required probationary period.
Regular Full-Time
Position A classified position requiring a minimum of forty hours of work per week.
Rehire Date Date of reinstatement.
Reinstatement Reappointment without examination after a break in service to a specified regular classified position.
Resignation Voluntary termination of employment by an employee.
Safety Employee Aetirement system state, as defined by California Public Employees' easonal Employee An individual appointed to a position established on a recurring bas f forty (40) hours per week, or less, for a specified season of six (€ consecutive months or less.
Selection Process he process of testing, evaluating, investigating, and determining th tness and qualification of applicants
Seniority tatus, priority or precedence based on total amount of actua ontinuous service in the classified service or a specific clas excluding approved leaves of absence without pay in excess of thirt 30) days, but including leaves of absence for service in the arme forces of the United States.
Separation Leaving the classified service for any reason.
Suspension With our pay, ary despay or reice mei dun purpose or Temporary
Employee Those employees who work an average of less than twenty (20) hours er week or 1,000 hours per year over a fifty-two (52) week period Termination The separation from City service with the action initiated by the employee voluntarily or by the City within the provisions of these Rules which state the causes and procedures for such action.
Transfer he movement of an employee within a department or betwee epartments from one position to another position in the same class City of Fort Bragg 63 Last Updated February 11, 2024
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another class having the same maximum salary, involving the performance of similar duties and requiring substantially the same basic qualifications.
Transitional
Employee
special saules, send or and poent may be estabished as
Vacancy A duly created position which is not occupied and for which monies have been appropriated.
Y-Rating An action to freeze an employee's salary at the current salary until such time that the top step of the salary range for such position equals or exceeds the employee's salary at the time of theY-Rating action.
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