-12-
City of Highland
Community Facilities District No. 2001-1
Charge Detail Report ( Sorted by APN)
Fiscal Year 2026/ 2026
0297- 261- 22- 0000 30685 LA CRESTA ST 4 1, 897. 00 1, 246. 94 0297- 261- 23- 0000 7788 SAN BENITO ST 1 1, 197. 00 786. 82 0297- 261- 24- 0000 7794 SAN BENITO ST 3 1, 574. 00 1, 034. 62 0297- 261- 25- 0000 7810 SAN BENITO ST 3 1, 574. 00 1, 034. 62 0297- 261- 26- 0000 7826 SAN BENITO ST 1 1, 197. 00 786. 82 0297- 261- 27- 0000 7832 SAN BENITO ST 3 1, 574. 00 1, 034. 62 0297- 261- 28- 0000 7838 SAN BENITO ST 3 1, 574. 00 1, 034. 62 0297- 261- 29- 0000 7850 SAN BENITO ST 4 1, 897. 00 1, 246. 94 0297- 261- 30- 0000 7854 SAN BENITO ST 3 1, 574. 00 1, 034. 62 0297- 261- 31- 0000 7860 SAN BENITO ST 3 1, 574. 00 1, 034. 62 0297- 261- 32- 0000 7872 SAN BENITO ST 2 1, 522. 00 1, 000. 44 0297- 271- 01- 0000 7774 LA CRESTA ST 4 1, 897. 00 1, 246. 94 0297- 271- 02- 0000 7786 LA CRESTA ST 3 1, 574. 00 1, 034. 62 0297- 271- 03- 0000 7790 LA CRESTA ST 2 1, 522. 00 1, 000. 44 0297- 271- 04- 0000 7806 LA CRESTA ST 4 1, 897. 00 1, 246. 94 0297- 271- 05- 0000 7814 LA CRESTA ST 4 1, 897. 00 1, 246. 94 0297- 271- 06- 0000 7818 LA CRESTA ST 2 1, 522. 00 1, 000. 44 0297- 271- 07- 0000 7832 LA CRESTA ST 2 1, 522. 00 1, 000. 44 0297- 271- 08- 0000 7840 LA CRESTA ST 4 1, 897. 00 1, 246. 94 0297- 271- 09- 0000 7841 LA CRESTA ST 1 1, 197. 00 786. 82 0297- 271- 10- 0000 7833 LA CRESTA ST 3 1, 574. 00 1, 034. 62 0297- 271- 11- 0000 7829 LA CRESTA ST 1 1, 197. 00 786. 82 0297- 271- 12- 0000 7821 LA CRESTA ST 3 1, 574. 00 1, 034. 62 0297- 271- 13- 0000 7817 LACRESTAST 1 1, 197.00 786. 82 0297- 271- 14- 00007805 LACRESTAST 3 1, 574. 001, 034. 620297- 271- 15- 0000 7797LA CRESTAST 3 1, 574. 001, 034. 620297- 271- 16- 0000 7789LA CRESTAST 1 1, 197. 00786. 82 0297- 271- 17- 0000 7779LA CRESTAST 3 1, 574. 001, 034. 620297- 271- 18- 0000 7773LA CRESTAST 3 1, 574. 001, 034. 620297- 271- 19- 0000 7765LA CRESTAST 4 1, 897. 001, 246. 940297- 271- 20- 0000 30736LA CRESTA ST 3 1, 574. 001, 034. 620297- 271- 21- 0000 30720LA CRESTAST 3 1, 574. 001, 034. 620297-271- 22- 0000 30708LA CRESTA ST 1 1, 197. 00786. 82 0297- 271- 23- 0000 30694LA CRESTA ST 1 1, 197. 00786. 82 0297- 271- 24- 0000 30680LA CRESTA ST 3 1, 574. 001, 034. 620297-271- 25- 0000 30672LA CRESTA ST 1 1, 197. 00786. 82 0297- 271- 26- 0000 30654LA CRESTAST 3 1, 574. 001, 034. 620297-271- 27- 0000 30648LA CRESTA ST 4 1, 897. 001, 246, 941210- 441- 01- 0000 7874CALLE DEL RIO 2 1, 522. 001, 000. 441210-441- 02- 0000 7866CALLE DEL RIO 2 1, 522. 001, 000. 441210-441- 03- 0000 7858CALLE DEL RIO 2 1, 522. 001, 000. 441210-441- 04- 0000 7850CALLE DEL RIO 4 1, 897. 001, 246. 941210-441- 05- 0000 7842CALLE DEL RIO 2 1, 522. 001, 000. 441210-441- 06- 0000 7834CALLE DEL RIO 4 1, 897. 001, 246. 941210- 441- 07- 0000 7812CALLE DEL RIO 4 1, 897. 001, 246. 941210- 441- 08- 0000 7804CALLE DEL RIO 2 1, 522. 001, 000. 44WilldanFinancial Services Page 6 of 8
-13-
City of Highland
Community Facilities District No. 2001-1
Charge Detail Report ( Sorted by APN)
Fiscal Year 2025/ 2026
1210- 441- 09- 0000 7811 CALLE DEL RIO 3 1, 574. 00 1, 034. 62 1210- 441- 10- 0000 7833 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 441- 11- 0000 7841 CALLE DEL RIO 5 2, 291. 00 1, 505. 92 1210- 441- 12- 0000 7849 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 441- 13- 0000 7857 CALLE DEL RIO 3 1, 574. 00 1, 034. 62 1210- 441- 14- 0000 7865 CALLE DEL RIO 5 2, 291. 00 1, 505. 92 1210- 441- 15- 0000 7873 CALLE DEL RIO 3 1, 574. 00 1, 034. 62 1210- 441- 16- 0000 7890 SANTA ANGELA ST 3 1, 574. 00 1, 034. 62 1210- 441- 17- 0000 7882 SANTA ANGELA ST 2 1, 522. 00 1, 000. 44 1210- 441- 18- 0000 7874 SANTA ANGELA ST 5 2, 291. 00 1, 505. 92 1210- 441- 19- 0000 7862 SANTA ANGELA ST 3 1, 574. 00 1, 034. 62 1210- 441- 20- 0000 7850 SANTA ANGELA ST 5 2, 291. 00 1, 505. 92 1210- 441- 21- 0000 7832 SANTA ANGELA ST 2 1, 522. 00 1, 000. 44 1210- 441- 22- 0000 7843 SANTA ANGELA ST 1 1, 197. 00 786. 82 1210- 441- 23- 0000 7859 SANTA ANGELA ST 2 1, 522. 00 1, 000. 44 1210- 441- 24- 0000 7867 SANTA ANGELA ST 4 1, 897. 00 1, 246. 94 1210- 441- 25- 0000 7875 SANTA ANGELA ST 2 1, 522. 00 1, 000. 44 1210- 441- 26- 0000 7885 SANTA ANGELA ST 1 1, 197. 00 786. 82 1210- 441- 27- 0000 7895 SANTA ANGELA ST 4 1, 897. 00 1, 246. 94 1210- 441- 28- 0000 7896 CALLE CARRISA 5 2, 291. 00 1, 505. 92 1210- 441- 29- 0000 7884 CALLE CARRISA 3 1, 574. 00 1, 034. 62 1210- 441- 30- 0000 7876 CALLE CARRISA 2 1, 522. 00 1, 000. 44 1210- 451- 01- 0000 7914 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 451- 02- 0000 7908 CALLE DEL RIO 4 1, 897. 00 1, 246. 94 1210- 451- 03- 0000 7900 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 451- 04- 0000 7898 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 451- 05- 0000 7896 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 451- 06- 0000 7894 CALLE DEL RIO 4 1, 897. 00 1. 246. 94 1210- 451- 07- 0000 7892 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 451- 08- 0000 7884 CALLE DEL RIO 4 1, 897. 00 1, 246. 94 1210- 451- 09- 0000 7881 CALLE DEL RIO 2 1, 522. 00 1, 000. 44 1210- 451- 10- 0000 7893 CALLE DEL RIO 4 1, 897. 00 1, 246. 94 1210- 451- 11- 0000 7895 CALLE DEL RIO 4 1, 897. 00 1, 246. 94 1210- 451- 12- 0000 7900 SANTA ANGELA ST 3 1, 574. 00 1, 034. 62 1210- 451- 13- 0000 7898 SANTA ANGELA ST 5 2, 291. 00 1, 505. 92 1210- 451- 14- 0000 7901 SANTA ANGELA ST 2 1, 522. 00 1, 000. 44 1210- 451- 15- 0000 7902 CALLE CARISSA 4 1, 897. 00 1, 246. 94 1210- 451- 16- 0000 30345 MISSION ST 2 1, 522. 00 1, 000. 44 1210- 451- 17- 0000 30357 MISSION ST 5 2, 291. 00 1, 505. 92 1210- 451- 18- O000 30369 MISSION ST 3 1, 574. 00 1, 034. 62 1210- 451- 19- 0000 30379 MISSION ST 3 1, 574. 00 1, 034. 62 1210- 451- 20- 0000 30391 MISSION ST 2 1, 522. 00 1, 000. 44 1210- 451- 21- 0000 30403 MISSION ST 4 1, 897. 00 1, 246. 94 1210- 451- 22- 0000 30415 MISSION ST 3 1, 574. 00 1, 034. 62 1210- 451- 23- 0000 30427 MISSION ST 4 1, 897. 00 1, 246. 94 1210- 451- 24- 0000 30439 MISSION ST 2 1, 522. 00 1, 000. 44 Willdan Financial Services Page 7 of 8
-14-
City of Highland
Community Facilities District No. 2001-1
Charge Detail Report ( Sorted by APN)
Fiscal Year 2025/ 2026
1210- 451- 25- 0000 30449 MISSION ST 4 1, 897.00 1, 246. 94 1210- 451- 26- 0000 30463 MISSION ST 3 1, 574. 00 1, 034. 62 1210- 451- 27- 0000 30471 MISSION ST 4 1, 897. 00 1, 246. 94 Willdan Financial Services Page 8 of 8
-15-
Attachment 4
Map of Boundaries
-16-
WWILLDAN
Financial
Services
W
VVi
6 EnCS
F
Q
pb
bb
o €
bnO
ea
s= +
es
tu
C
b
a
i
4. ZL)
z
s
g
0 mQ
X6
Z
sacs $
a
D
W
m
F-
r
J
UHa
r
z
z
fn
0 Q
O
O
L
U
CL ` px
ZO
d
U
N
06 3
T
E
d
g
oowc
C)
r
C-
a
3 0Z#
Is.
Cn
C_
gs9B
8 C ¢
Sma=
h°
S
OIC
A
CFD
2001-
1 Page
1 of
1 -17-
4987
ACMw ,
STAFF REPORT
IL:_ TO THE CITY COUNCIL
DATE: June 10, 2025
FROM: Carlos Zamano, City Manager
V
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer SUBJECT: Resolution No. 2025- establishing the Annual Special Tax for Community Facilities District No. 2007-1 for Fiscal Year 2025/ 2026.
RECOMMENDATION: The Finance Subcommittee recommends that the City Council adopt Resolution No. 2025- establishing the Annual Special Tax for Community Facilities District No. 2007-1 for Fiscal Year 2025/2026 and file with the County Auditor -Controller Resolution No. 2025- with the tax roll.
FISCAL IMPACT: Revenue generated from the 2025/2026 tax roll will provide approximately 45, 832. 38 for the expenditures of the district.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations per Resolution No. 2011- 047 and on the City' s website.
BACKGROUND: There will only be a levy for the special taxes on services and administration.
The maximum increase allowed is 2%. Therefore, the levy for 2024/ 2025 will be 2% higher than 2023/ 2024 ($ 380. 79 to $ 388. 41) per parcel.
This item was reviewed by the Finance Subcommittee on May 20, 2025. At this meeting, the proposed 2025/ 2026 rates were discussed. Attached is the spreadsheet that the Finance Subcommittee reviewed. On these spreadsheets are last year's rates and the proposed rates for 2025/2026. The Finance Subcommittee recommends that the City Council adopt the proposed Resolution.
Attachments:
1. Community Facilities District 2007-1 Proposed Special Tax Rate
2. Proposed Resolution No. 2025-
3. Exhibit A- Community Facilities District 2007-1 Charge Detail Report FY 2025/2026
4. Map of Boundaries
Approved Motion Second Agenda Item No.
r
Denied Ayes
Continued Noes File No.
Tabled Abstain _
Absent
City rk Ci nager
-1-
Attachment 1
Community Facilities District 2007-1 Proposed Special Tax Rate -2-
C
ON
o
a
o
E
N
GU
NNl6R9CLnQ06EEXE
cwLUL30m
a NLLT
C
mONT7O
m
mU0N_
N
0N
m
AD
N !' L (
UpLL
o N
N
C
m
E
3 m }
E
LL
U
U
m
U
O.
L..
o
w
LL
C
N
O.
5w
a
o
m
w
a
m
a>
m
d
a
m
X
3 m
r
O
Cm
m
p
N {
O
7 O
N
O7
O7
n
c
y
o
m }
o
a
N
N
MEA
N
LL
f°
o `
m
O
Q
N
OO
N
O •-
O
y
LL
N >
N
N
7O
p
C
N
U
E
n
N
C
i
LL .
0 N
O
d
N
Q
N
d
g
ov
o
E
L0
m
m
X
N
m
v
a
C
N
m
U
U1
N
a
Nd
o
m
a
m ~
m
U
CO
L
2 U
p
N
a
E
N _
r
n
w
d3o
c
n
O
m
U
a
Ec
m
q
o
a`
m
v
a
5 a7
-3-
Attachment 2
Proposed Resolution No. 2025-.
-4-
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2007- 01
FOR THE FISCAL YEAR 2025/ 2026
WHEREAS, the City Council of the CITY OF HIGHLAND, CALIFORNIA ( hereinafter referred to as the " Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levyof a specialtax in a communityfacilitiesdistrict, all as authorizedpursuantto the terms and provisionsof the Mello -Roos CommunityFacilitiesAct of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California.
This Community Facilities District shall hereinafter be referred to as "District;" and, WHEREAS, this LegislativeBody, by Ordinanceas authorizedby Section53340of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislativebodyis desirousto establishthe specificrateof the specialtax to be collected for the next fiscal year.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. That the above recitals are all true and correct.
Section 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year (2025/2026) for the referenced District is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit " A."
Section 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Legislative Body, and is not in excess of that as previously approvedby the qualified electors of the District, and is exemptfrom Proposition218, Section XIII D of the California State Constitution.
Section 4. That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:
A. Payment of costs and expenses of authorized public services; B. Payment of District administrative costs.
The proceedsof the specialtaxesshall be usedas set forth above, and shall not be used for any other purpose.
Section 5. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby -5-
authorized to deduct administrative costs incurred in the collecting any said special tax.
Section 6. All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund.
Section 7. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit " A."
Section 8. The County shall then, at the close of the tax collectionperiod, promptly renderto this Agency a detailed report showingthe amountand/or amountsof such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
APPROVED and ADOPTED this 10th day of June 2025.
Penny Lilburn, Mayor
ATTEST:
Alondra Munoz, City Clerk
-6-
Exhibit A
CommunityFacilitiesDistrict2007-1 ChargeDetailReportFY 2025/2026 -7-
City of Highland
Community Facilities District No. 2007-1
Charge Detail Report ( Sorted by APN)
Fiscal Year 2025/ 2026
i
1201- 501- 02- 0000 28448 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 03- 0000 28452 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 04- 0000 28456 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 05- 0000 28460 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 06- 0000 28464 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 07- 0000 28470 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 08- 0000 28478 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 09- 0000 28474 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 10- 0000 28416 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 11- 0000 28420 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 12- 0000 28424 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 13- 0000 28428 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 14- 0000 28432 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 15- 0000 28436 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 16- 0000 28444 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 17- 0000 28440 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 18- 0000 28425 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 19- 0000 28421 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 20- 0000 28429 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 21- 0000 28433 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 22- 0000 28437 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 23- 0000 28441 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 24- 0000 28449 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 25- 0000 28445 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 26- 0000 28386 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 27- 0000 28382 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 28- 0000 28390 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 29- 0000 28394 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 30- 0000 28400 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 31- 0000 28402 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 32- 0000 28412 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 33- 0000 28408 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 34- 0000 28391 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 35- 0000 28401 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 36- 0000 28405 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 37- 0000 28417 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 38- 0000 28409 WILD ROSE LN RES 464. 18 388. 41 1201- 501- 39- 0000 7918 CHAPARRAL OR RES 464. 18 388. 41 1201- 501- 40- 0000 7922 CHAPARRAL DR RES 464. 18 388. 41 1201- 501- 41- 0000 7914 CHAPARRAL DR RES 464. 18 388. 41 1201- 501- 42- 0000 7910 CHAPARRAL DR RES 464. 18 388. 41 1201- 50143- 0000 7903 CHAPARRAL DR RES 464. 18 388. 41 1201- 501- 44- 0000 7907 CHAPARRAL DR RES 464. 18 388. 41 1201- 501- 45- 0000 7911 CHAPARRAL DR RES 464. 18 388. 41 1201- 50146- 0000 7915 CHAPARRAL DR RES 464. 18 388. 41 1201- 50147- 0000 28378 WILD ROSE LN RES 464. 18 388. 41 1201- 50148- 0000 7980 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 49- 0000 7984 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 50- 0000 7976 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 51- 0000 7972 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 52- 0000 7968 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 53- 0000 7962 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 54- 0000 7954 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 55- 0000 7958 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 56- 0000 7946 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 57- 0000 7950 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 58- 0000 7942 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 59- 0000 7938 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 60- 0000 7934 SUNFLOWER ST RES 464. 18 388. 41 Willdan Financial Services Page 1 of 3
-8-
City of Highland
Community Facilities District No. 2007-1
Charge Detail Report ( Sorted by APN)
Fiscal Year 2025/ 2026
1201- 501- 61- 0000 7930 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 62- 0000 7924 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 63- 0000 7926 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 64-0000 7953 SUNFLOWER ST RES 464. 18 388. 41 1201- 501- 65- 0000 NO SITUS AVAILABLE Exempt 0. 00 0. 00 1201- 501- 66- 0000 WILD ROSE Exempt 0. 00 0. 00
1201- 502- 01- 0000 28455 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 02- 0000 28459 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 03- 0000 28451 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 04- 0000 28447 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 05- 0000 28443 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 06- 0000 28439 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 07- 0000 28431 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 08- 0000 28435 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 09- 0000 28427 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 10- 0000 28423 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 11- 0000 28419 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 12- 0000 28415 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 13- 0000 28434 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 14- 0000 28430 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 15- 0000 28426 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 16- 0000 28422 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 17- 0000 28418 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 18- 0000 28487 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 19- 0000 28491 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 20- 0000 28483 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 21- 0000 28479 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 22- 0000 28475 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 23- 0000 28471 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 24- 0000 28463 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 25- 0000 28467 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 26- 0000 28462 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 27- 0000 28468 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 28- 0000 28458 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 29- 0000 28454 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 30- 0000 28450 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 31- 0000 28446 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 32- 0000 28438 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 33- 0000 28442 SUNFLOWER ST RES 464. 18 388. 41 1201- 502- 34- 0000 7941 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 35- 0000 7937 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 36- 0000 7945 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 37- 0000 7949 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502-38- 0000 7953 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 39- 0000 7957 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 40- 0000 7965 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 41- 0000 7961 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 42- 0000 7969 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 43- 0000 7973 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 44- 0000 7977 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 45- 0000 7981 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 46- 0000 7989 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502-47- 0000 7985 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 48- 0000 7905 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 49- 0000 7901 PRAIRIE ROSE WAY RES 464. 18 388A1 1201- 502- 50- 0000 7909 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 51- 0000 7915 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 52- 0000 7919 PRAIRIE ROSE WAY RES 464. 18 388. 41 Willdan Financial Services Page 2 of 3
-9-
City of Highland
Community Facilities District No. 2007- 1
Charge Detail Report ( Sorted by APN)
Fiscal Year 2025/ 2026
1201- 502- 53- 0000 7923 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 54- 0000 7931 PRAIRIE ROSE WAY RES 464. 18 388. 41 1201- 502- 55- 0000 7927 PRAIRIE ROSE WAY RES 464. 18 388. 41 Willdan Financial Services Page 3 of 3
-10-
Attachment 4
Map of Boundaries
-11-
a —
o0
I
o
O M
T
CC9
BSI
fY
Y9L
p
C
O.—
N
mo0
t
ON •-
I
x
v+
o
0 r --------------
p
O
n
I
I
i
I
I '
I
T
r
11 '
LO
m
N
r'
i
ok,
jcz
N)
I
1 O
M --------------
i
im
o
I -
I`
7-;2
00 ---- ------
o-
IOV
f
11w
m
-12-
proved
nied
nued
bled
STAFF REPORT
TO THE CITY COUNCIL
DATE: June 10, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development
Director
SUBJECT: Second Reading of Ordinance No. 469 , designating Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection, State Fire Marshal pursuant to Government Code Section 51179( a), and making findings of exemption under Section 15061(B)(3) of the California Environmental Quality Act Guidelines.
RECOMMENDATION:
That the City Councilconducta secondreading, read by title only, and waive further reading of Ordinance No.469 designating Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection, State Fire Marshal pursuant to Government Code Section 51179( a), and making findings of exemption under Section 15061( B)(3) of the California Environmental Quality Act Guidelines.
PREVIOUS ACTION / BACKGROUND:
On May 13, 2025, the City Council held a public hearing on the subject Ordinanceand no modifications were made, therefore staff recommends the City Council recognize the subject Ordinance and adopt as submitted.
ATTACHMENT:
Ordinance No. 469, designating Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection, State Fire Marshal pursuant to Government Code Section 51179(a).
Motion
Ayes _
Noes
Abstain
Absent
Second Agenda Item No.
File No.
City CJ,er City Manager
-1-
ATTACHMENT 1
Ordinance No. 469, designating Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection, State Fire Marshal pursuant to Government Code Section 51179( al.
-2-
ORDINANCE NO. 469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND, CALIFORNIA, DESIGNATING FIRE HAZARD
SEVERITY ZONES AS RECOMMENDED BY THE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION, STATE FIRE MARSHAL, PURSUANT TO
GOVERNMENT CODE SECTION 51179( a) AND MAKING A
FINDING OF EXEMPTION UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (" CEQA") GUIDELINES
SECTION 15061 ( 13)(3).
THE CITY COUNCIL OF THE CITY OF HIGHLAND ORDAINS AS FOLLOWS:
Section 1. Legislative findings.
WHEREAS, in accordance with Government Code Section 51178, the State Fire Marshalis requiredto identifyareas in the state as moderate, high, and very high fire hazardseverityzonesbasedon consistentstatewidecriteriaandbasedon severityoffire hazard that is expected to prevail in those areas, and said identified area map was published on March 24, 2025;
WHEREAS, in accordance with Government Code Section 51178. 5, within 30 days after receivinga transmittalfrom the State Fire Marshalthat identifiesfire hazard severityzones pursuantto GovernmentCodeSection51178, the City of Highlandshall make the information available for public review and comment, and said information in the form of a map was posted on the City' s Building & Safety webpage on April 7, 2025, in a format that is reasonably accessible to the public; WHEREAS, in accordance with Government Code Section 51179 ( a), the City of Highland shall designate, by ordinance, moderate, high, and very high fire hazard severity zonesin itsjurisdictionwithin 120daysof receivingrecommendationsfromthe StateFire Marshal pursuant to Section 51178;
WHEREAS, the City of Highland City Council did hold a duly noticed public hearing at the HighlandCity Hall CouncilChambersin Highland, California, on May 13, 2025, at 6:00 P.M. with a second reading held on June 10, 2025„ as required by law and in accordance with the provisions of the Highland Municipal Code, to hear and consider evidence for and against said Ordinance. At the conclusion of the public hearing, the City Council closed the public hearing.
-3-
Section 2. Fire Hazard Severity Zones and Map. The City of Highland City Council hereby designatesthe Fire HazardSeverity Zones as recommendedby the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178 and 51179( a), and the associated Map is hereby adopted and incorporated by referenceand entitled "City of HighlandFire HazardSeverityZones Map" as shown on Exhibit A.
Section 3. Environmental Exemption. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to the General Rule ( 14 C. C. R. Section 15061( 13)(3)) of the CEQA Guidelines, which is the general rule thatCEQAappliesonlyto projectswhichhavethe potentialfor causinga significanteffecton the environment, and CEQA does not apply where it can be seen with certainty that there is no possibilitythat the activity may have a significanteffect on the environment. This Ordinance involves the adoption of an Ordinance designating the Fire Hazard Severity Zones Map as recommendedby the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. There is no possibility that the Ordinance may have a significant effect on the environment since the action is merely the adoption of a Fire Hazard SeverityZonesMapasrequiredbyGovernmentCodeSection51179. Itcanbeseenwithcertainty that the adoption of an Ordinance will have no significant negative effect on the environment.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portionof this Ordinanceis for any reasonheldto be invalidor unenforceableby a court of competentjurisdiction, the remainingportions of this Ordinanceshall nonetheless remain in full force and effect. The City Council of the City of Highland hereby declares that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 5. Publication and Posting. Within fifteen ( 15) days following the passage of this Ordinance, the City Clerkshallpublishand/or postthis Ordinanceas requiredby state law and City resolution, and in accordancewith GovernmentCode Section51179 c) shalltransmita copyofthis adoptedOrdinanceto theStateBoardof Forestryand Fire Protection within 30 days of adoption. The City Clerk shall also post a notice at the office ofthe Countyrecorder, assessor, andplanningagencyidentifyingthe locationofthe "City of Highland Fire Hazard Severity Zones Map" which shall be available on the following website: www. cityofhighland. org/ 178/Building- Safety.
Section 6. Execution. The Mayor is hereby directed to attest to the adoption of this Ordinanceby signingwhereindicatedbelowandthe City Clerkshall publishand/or post this Ordinance according to applicable law.
-4-
PASSED, APPROVED and ADOPTED June 10, 2025.
Penny Lilburn, Mayor
ATTEST:
Alondra Munoz, City Clerk
APPROVED AS TO FORM:
Maricela Marroquin, City Attorney
-5-
EXHIBIT A
LocalResponsibilityArea Fire HazardSeverityZones Map, publishedby the State Fire Marshal on March 24, 2025.
-6-
SAN
BERNARDINO
UNINCORPORATED SAN
BERNARDINO
CO.
r
Y
i
UNINCORPORATED
REDLANDS i SAN BERNARDINO
Co.
i"
i,
LOMA LINDA' _ - , ` YUCAIPA
1,
1 Fire Hazard Severity Zones ( FHSZ) in Local Responsibility MI o 1 2 3 Area ( LRA), as Identified by the State Fire Marshal tTT— rr-- T 7 Km0 1 2 3 4 5 6
Very Fligli High Moderate Projection: NAD 83 California teals Albers Scale: 1: 78, 0O0 at 11" x 17"
Fire Hazard Severity Zones in State Responsibility
Area ( SRA), Effective April 1, 2024
Very I filth I hgh Moderate
Incorporated City [ _; Waterbody
Unzoned LRA Federal Responsibility
Area ( FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevantfactors including areas where winds Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate. high, and very high fire have been identified by the Office of the state Fre Marshal and very high fire hazard severity zones based on consistent hazardseverityzonesshallbebasedonfuel loading, slope, fireweather, asamajorcauseof wildfirespread. -7-
STAFF REPORT
TO THE CITY COUNCIL
DATE: June 10, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Kim Stater, Assistant Community Development Director
PREPARED BY: Angela Tafolla, Associate Planner A -
SUBJECT: Second Reading of Municipal Code Amendment 24- 001: Comprised of two ordinances: Ordinance No. 470 of the City of Highlandamendingportionsof the MunicipalCode,
including Title 5 (Business Licenses and Regulations), Title 8 Health and Safety), and Title 16 ( Land Use and Development Code) of the Highland Municipal Code and Ordinance No.
471: An ordinance amending Section 16.44.190 pertaining to accessory dwelling units to update requirements in
accordance with state law and making a finding of exemption under CEQA.
LOCATION: City -Wide
RECOMMENDATION: The City Council:
Approved Motion
Denied
Continue
1) Conduct a second reading, read by title only, and waive further reading of OrdinanceNo. 470 amendingTitle 5
Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development Code)
of the Highland Municipal Code to update definitions,
amend height standards, revise design review processes, update regulations for non -conforming parcels, uses and structures, update provisions for accessory structures, dwellingunits, and amendBusinessPark buildingheight
standards, modify development density requirements, and establish single room occupancy housing standards, and
1) add low -barrier navigation centers as permitted uses in the Mixed Use
Second
U) Lone ana in the riannea
Agenda `?
Item No.
Ayes
Noes File No.
Abstain
Absent
Citj Clerk A City nager
-1-
City Council Hearing of
June 10, 2025
MCA- 24- 001
Development ( PD) Zone, ( 2) single room occupancies as a conditionally permitted use in the A/EQ, R-1, R2, R- 3, HDS and VR Zones, ( 3) residential care facilities serving six or feweras a permitteduse in the A/EQ, R-1, VR, and EHV Zones and as permitted use with a Staff Review
Permit in R- 2 and R- 2C Zones, ( 4) residential care
facilitiesservingsevenor moreas a permittedusein the
EHV Zone and conditionally permitted use in the A/EQ, R- 1, VR, and R- 2C Zones, ( 5) unlicensed group homes as a permitteduse in the A/EQ, R-1, VR and EHVZonesand
as a permittedusewitha Staff ReviewPermitinthe R-2C,
and R-2 Zones, and ( 6) child care facilities serving 14 or fewer children as a permitted use in all residential zones. 2) Conduct a second reading, read by title only, and waive further reading of Ordinance No. 471 amending section
16.44. 190 ( Accessory Dwelling Units) of Title 16 ( Land Use and Development Code) of the Highland Municipal
Code to update requirements in accordance with state law and Making a Finding of Exemption Under CEQA.
PREVIOUS ACTION/ BACKGROUND: On May 13, 2025, the City Councilconducteda publichearingandapprovedthefirstreadingoftwoordinancesassociatedwithMunicipal Code Amendment ( MCA 24- 001), which implements the first round of updates required by the 6th CycleHousingElement (2021-2029). The amendments address 7 of the 11 HousingElementprogramsthatrequirechangesto theHighlandMunicipalCodeand includegeneralcodeclean-up revisionsto improveclarity, consistency, andalignment with recent state housing laws and the City's long-term planning goals.
Staff recommendsthatthe CityCounciladoptOrdinanceNo. 470 and471.
Attachment 1: Ordinance No. 470
Attachment 2: ( ADU) Ordinance No. 471
-2-
ATTACHMENT 1
Ordinance No. 470
-3-
ORDINANCE NO. 470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING TITLE 5 ( BUSINESS LICENSES AND
REGULATIONS), TITLE 8 ( HEALTH AND SAFETY), AND TITLE 16
LAND USE AND DEVELOPMENT CODE) OF THE HIGHLAND
MUNICIPAL CODE TO UPDATE DEFINITIONS, AMEND HEIGHT
STANDARDS, REVISE DESIGN REVIEW PROCESSES, UPDATE
REGULATIONS FOR NON - CONFORMING PARCELS, USES AND
STRUCTURES, UPDATE PROVISIONS FOR ACCESSORY
STRUCTURES, DWELLING UNITS, AND ACCESSORY DWELLING
UNITS, AMEND BUSINESS PARK BUILDING HEIGHT STANDARDS,
MODIFY DEVELOPMENT DENSITY REQUIREMENTS, AND
ESTABLISH SINGLE ROOM OCCUPANCY HOUSING STANDARDS,
AND ( 1) ADD LOW -BARRIER NAVIGATION CENTERS AS PERMITTED
USES IN THE MIXED USE ( MU) ZONE AND IN THE PLANNED
DEVELOPMENT ( PD) ZONE, ( 2) SINGLE ROOM OCCUPANCIES AS A CONDITIONALLY PERMITTED USE IN THE A/ EQ, R- 1, R2, R- 3, HDS AND VR ZONES, ( 3) RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER AS A PERMITTED USE IN THE A/ EQ, R- 1, VR, AND EHV
ZONES AND AS PERMITTEDUSE WITH A STAFF REVIEW PERMIT IN R- 2 AND R- 2C ZONES, ( 4) RESIDENTIAL CARE FACILITIES SERVING
SEVEN OR MORE AS A PERMITTED USE IN THE EHV ZONE AND
CONDITIONALLY PERMITTED USE IN THE A/ EQ, R-1, VR, AND R-2C ZONES, ( 5) UNLICENSED GROUP HOMES AS A PERMITTED USE IN THEA/EQ, R-1, VR AND EHVZONESAND AS A PERMITTEDUSEWITH
A STAFF REVIEW PERMIT IN THE R-2C, AND R-2 ZONES, AND ( 6) CHILD CARE FACILITIES SERVING 14 OR FEWER CHILDREN AS A
PERMITTEDUSE IN ALL RESIDENTIALZONES, AND MAKE A FINDING
OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (MUNICIPAL CODEAMENDMENTMCA 24-001)
THE CITY COUNCILOF THE CITY OF HIGHLANDDOESORDAIN AS FOLLOWS:
Section 1. Findings and Intent_
WHEREAS, the HighlandCityCounciladoptedResolutionNo. 2023-035approvingthe City's6thCycle2021-2029HousingElementandrelatedCEQADocuments. TheHousing Element includes a number of programs and policies and timeframes for the implementation of those programs and policies;
WHEREAS, the CaliforniaDepartmentof HousingandCommunityDevelopment (HCD) certifiedthe City's 6thCycle 2021-2029 HousingElement;
-4-
WHEREAS, the proposedamendmentssupportthe implementationof the Housing Element by promoting the development of affordable housing, incentivizing lot consolidation, and updating regulationsfor accessory dwelling units, density bonuses, and group homes and residentialcarefacilities;
WHEREAS, the existing Chapters 5, 8, and 16 of the Municipal Code sections contain outdatedguidelines, regulations, standards, and permittedland usesthat need to be revised to ensure compliance with current state legislation and to address the City's housing and development goals
WHEREAS, staff has re-evaluated Chapters 5, 8, and 16 of the Municipal Code and proposed modifications that will enhance the regulatory framework, streamline processes, promotesustainabledevelopment, and protectthe publichealth, safety, and welfare of the community (" Municipal Code Amendment"); WHEREAS, the City of HighlandPlanningCommissionheld a duly noticedpublic hearingattheHighlandCityHallCouncilChambersin Highland, California, onApril1, 2025 at 6: 00 P. M., and, noticeof said publichearings having beenduly given as required bylawandinaccordancewiththeprovisionsoftheHighlandMunicipalCode, heardand consideredevidence for and againstsaid MunicipalCode Amendment, and investigated and madefindings and recommendationsin connectionherewith. At the conclusionof the public hearing on April 1, 2025, the City of Highland Planning Commission adopted ResolutionNo. 25-006 recommendingthat the City Council adopt this Ordinance; and WHEREAS, the Cityof HighlandCityCouncilhelda publichearingatthe HighlandCity HallCouncilChambers in Highland, California, on May 13, 2025 at 6:00 P.M., and, notice ofsaidpublichearingshavingbeendulygivenasrequiredbylawandinaccordancewith the provisionsof the HighlandMunicipalCode, heardandconsideredevidencefor and against said Municipal Code Amendment, and investigated and made findings and recommendations in connection herewith. At the conclusion of the public hearing, the City of Highland City Council closed the public hearing.
WHEREAS, the City Council has found and determinedas follows:
1. That the proposed changes to the Development Code, as set forth herein, are consistentwith the goals, objectives, policies, and programsof the City of Highland General Plan, and are necessaryand desirableto implementthe provisionsof the General Plan.
TheproposedMunicipalCodeamendmentsto the LandUseandDevelopment Code are consistent with the General Plan' s goals, objectives, policies, and programs, and are necessary to implement its provisions. The amendments implementkey strategiesfrom the 2021-2029 6th Cycle Housing Element, includingthe removalof barriersto fair housingthrougheliminationof the Crime - FA
-5-
Free Rental Housing Ordinance ( Program 2), consistency with state density bonus law ( Program 6). The updates also facilitate housing for special needs populations through by -right provisions for supportive housing and emergency shelters Program 19), authorize Low -Barrier Navigation Centers ( Program 27), streamline approvalprocessesforqualifyingaffordablehousingdevelopments (Program28), and establish objective design standards to increase development certainty and transparency ( Program 29).
These updates ensure compliance with recent state legislation, support development goals, clarify definitions, correct ambiguities, and streamline processes. Additionally, theyfacilitatetheimplementationoftheHousingElement, ensuringtheCitymeetsitshousingneedsunderstatelaw. Byaligningwithstate legislation and current developmentneeds, these amendmentsensure the City's regulations are clear, effective, and promote sustainable growth, making them essential for the General Plan' s implementation.
2. ThattheproposedchangestotheLandUseandDevelopmentCode, asforthherein, will notadverselyaffectthepublichealth, safety, andgeneralwelfareor resultin an illogical land use pattern.
The proposed Municipal Code amendments to Title 5 ( Business Licenses and Regulations), Title 8 ( Health and Safety), and Title 16 ( Land Use and Development) will not negativelyimpactpublichealth, safety, or welfare, norwill theycreateanillogicallandusepattern. Thesecarefullydesignedchangesaimto enhance the regulatoryframework, ensure public health and safety, and promote logical, sustainable land use patterns. Additionally, the amendments incorporate state - mandated changes, ensuring compliance with recent State legislation.
Consequently, the amendmentswill provideclear, and efficientregulationsthat benefit the entire City, fostering a well-balancedand thriving community.
3. Theproposedrevisionisconsistentwiththepurposeandintentoftheremainderofthis title not under consideration.
The proposedamendmentsto Title5 (BusinessLicensesand Regulations), Title
8 ( Health and Safety), and Title 16 ( Land Use and Development) are consistent withthe purposeandintentof theexistingLandUseandDevelopmentCode.
These amendments align with the overall goals of the Code, supporting sustainable development, public health, safety, and welfare. By updating definitions, correcting ambiguities, streamlining processes, and incorporating state - mandated changes, they enhance the regulatory framework without disrupting the foundational principles. Therefore, the changes maintain consistency with the broader Municipal Code, ensuring a coherent and comprehensiveapproachto city planningand development.
4. Thepotentialenvironmentalimpactsof the proposedchangeof zoneor revisionare insignificantorthereareoverridingconsiderationswhichoutweighthe potentialimpacts. -6-
The adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under the General Rule ( 14 C. C. R. Section 15061( b)( 3)), which appliesonlytoprojectswiththepotentialforsignificantenvironmentaleffects. This Ordinanceinvolvesamendingmultiplecodesectionsto ensurecompliancewith state legislation, streamline processes, and promote sustainable development practices. Theseamendmentsbenefitresidentsanddevelopersbyprovidingmore opportunitiesfor housingand businesses, imposinglimitationsthroughproposed guidelines and regulations, and supporting public health, safety, and welfare.
Thereis no possibilityof significantenvironmentaleffectsas the Ordinanceonly revises Land Use and Development Code provisions to enhance regulatory clarity and compliance and does not propose any specific development projects. The potentialenvironmentalimpactsof the proposedrevisionsare insignificantsince the amendments are primarily administrativeand procedural. The changes align the City's regulationswith recentstate laws, correctambiguities, and improve regulatoryefficiencywithoutsubstantialphysicalchangestotheenvironment. The benefits, such as promoting affordable housing, enhancing public health and safety, and ensuring regulatory compliance, outweigh any minimal potential impacts.
SECTION 2. Section 5.34. 020, Special business license provisions — Crime free Multiple - FamilyRental -HousingProgram, ofChapter5.34, Multiple -FamilyandOtherRentalUnits, of Title 5, Business Licenses and Regulations, of the HighlandMunicipalCode is hereby deleted in its entirety.
SECTION3. Chapter 8.36, HeritageTrees of Title 8, Healthand Safety, of the Highland Municipal Code is hereby deleted in its entirety.
SECTION4. Section 16.06.120, L Definitions, of Chapter 16.06, Definitions, of Title 16, Land Use and DevelopmentCode, of the Highland MunicipalCode is hereby amended to adda newdefinitionfor "Low -BarrierNavigationCenter" to readas follows, with all otherprovisionsof Section16.06. 120remainingunchanged:
Low -BarrierNavigationCenter" meansa HousingFirst, lowbarrier, service -enriched shelterfocusedon movingpeopleinto permanenthousingthat providestemporary livingfacilitieswhilecasemanagersconnectindividualsexperiencinghomelessness to income, public benefits, health services, shelter, and housing. A Low Barrier NavigationCenter may be non -congregateand relocatable. "Low Barrier" means best practicesto reducebarriersto entry, andmayinclude, but is not limitedto, the following:
1) Thepresenceofpartnersifitisnotapopulation -specificsite, suchasforsurvivors of domestic violence or sexual assault, women, or youth. 2) Pets.
3) The storage of possessions.
4) Privacy, suchaspartitionsaroundbedsin a dormitorysettingor in largerrooms containing more than two beds, or private rooms."
-7-
SECTION5. Section 16.06.040, D Definitions, of Chapter 16.06, Definitions, of Title 16, Land Use and DevelopmentCode, of the HighlandMunicipal Code is hereby amended to amendthe definitionof "Day care facility" as follows, with additionsshown in bold text and deletions shown in strikethroughtext, with all other provisionsof Section 16.06.040 remaining unchanged:
Day care facility" means a facility which provides nonmedicalcare to children under 18yearsofageinneedofpersonalservices, supervision, orassistanceessentialfor sustainingtheactivitiesofdailylivingorfortheprotectionoftheindividualonlessthan a 24-hour basis. Day care facility includes family day care homes, infant centers, preschools, andextendeddaycarefacilities. A "familycarehome" isadaycarefacility locatedin a residencewhichregularlyprovidescare, protectionand supervisionof 4-214 or fewer childrenfrom more than one other family, in the provider's own home, forperiodsoflessthan24hoursperday, whiletheparentorguardiansareaway, and includes the following:
1. " Largefamilydaycarehome" arethosewhichprovidefamilydaycaretosevennine to 4-214 children, inclusive, includingchildrenwho resideat the home.
2. " Smallfamilydaycarehome" arethosewhichprovidefamilydaycareto si-Xeight or fewer children, includingchildrenwho resideat the home." SECTION 6. Section 16.06.180, R Definitions, of Chapter 16.06, Definitions, of Title 16, Land Use and DevelopmentCode, of the Highland Municipal Code is hereby amended to amend the definition of "Residential care facility" to read as follows, with additions shown in bold text and deletions shown in strikethroughtext, with all other provisions of Section 16.06. 180 remaining unchanged:
yenm I SICTON- a
Residential Care Facility" means any state -authorized, certified, or licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, therapeutic or rehabilitative care, adultdaycare, residentialcarefor theelderly, transitionalhousingplacement, alcoholism or drug abuse recovery or treatment facilities, or foster family agencyservicesfor childrenor adults. This includescarefor individualswith physical disabilities, mental impairments, developmental disabilities, R
-8-
substancerecovery needs, and other vulnerablepopulations, as defined in the California Community Care Facilities Act (Health and Safety Code Sections 1500 et seq.). A residential care facility can also include a self- help group home that is not licensed by the State.
1. Residential Care Facilities Serving Six or Fewer Residents ( Licensed Group Home) - These facilities are considered equivalent to single- family residencesand are permitted by right in all single-family residential zones, subject only to the generalresidentialstandardsapplicableto single-family homes.
2. Residential Care Facilities Serving Seven or More Residents ( Licensed Group Home) - Facilities serving seven or more residents are permitted in designated residential zones, subject to discretionary review and approval.
This review may include public hearings and additional criteria to ensure compatibility with surrounding land uses, in accordancewith local zoning standards. Reasonable accommodations will still be available as needed to support compliance with fair housing laws and the needs of residents.
3. Unlicensed Group Homes (Non -licensable Services) - means any residential facilitythat is not licensedby theState, which, by Statelaw, is requiredto be treated as a residential use of property. When serving six or fewer persons, unlicensed group homes may only be established in conjunction with a single- family dwelling."
SECTION7. Section 16.06.190, S Definitions, of Chapter 16.06, Definitions, of Title 16, Land Use and DevelopmentCode, of the Highland MunicipalCode is hereby amended to add a definition for "Single Room Occupancy (SRO) Unit" to read as follows, with all otherprovisionsof Section16.06.190remainingunchanged:
Single RoomOccupancy (SRO) Unit" shall havethe samedefinition as "Efficiency Unit" as definedbyCaliforniaHealthandSafetyCodesection17958.1." SECTION 8. Subsection B of Section 16. 08. 090, Design Review, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and DevelopmentCode, of the Highland MunicipalCodeis herebyamendedto readas follows, withadditionsshownin boldtext and deletionsshown in strikethroughtext, with all other provisionsof Section 16.08.090 remaining unchanged:
B. ProjectsRequiringDesignReview. Exceptas otherwise required by State law, an ARapplication for design review by the planning commission is required for all commercial, industrial, institutional, and residential projects of feufive or moredwellingunitsinvolvingthe issuanceof a buildingpermitfor constructionor reconstruction of a structure which meets the following criteria:
1. New construction on vacant property;
-9-
2. Structuraladditionswhich are equal to 50 percent or more of the floor area of existing on -site buildings;
3. Reconstructionprojectswhichareequalto50 percentor moreofthefloorarea of existing buildings;
4. Signsas required by the sign regulations, Chapter 16.56 HMC;
5. Projectsinvolvinga substantialchangeor intensificationof landuse, suchas the conversionof an existing residentialstructureto an office or commercialuse;
6. Outdoor storage areas;
7. Landscape plans for projects requiring design review; or
8. Major public works projects, as feasible."
SECTION 9. Subsection C of Section 16.08. 090, Design Review, of Chapter 16. 08, Permits and Approvals, of Title 16, Land Use and DevelopmentCode, of the Highland MunicipalCodeis herebyamendedto readas follows, withadditionsshownin boldtext and deletions shown in strikethrough text, with all other provisions of Section 16.08.090 remaining unchanged:
C. Projects Requiring Minor Design Review.
1. Except as otherwise required by State law, an A-Rapplicationfor minordesign review is required for residential projects with threefour or fewer dwelling units, and commercial, industrial and institutional projects not subject to design review which involve the issuance of a building permit for construction or reconstruction of a structure which meets one or more of the following criteria:
a. Structuraladditionswhich do not result in an increaseof more than 50 percent of the floor area of the existing building;
b. The constructionand/or placement of silos, satellite dishes, antennas, private watertanks, roof- or ground -mountedequipmentvisiblefromthe publicstreetor similar structuresand equipment on existingdeveloped properties as determined by the communitydevelopment director;
c. Signs as required by Chapter 16.56 HMC;
d. Residential construction involving three or fewer dwelling units; or e. Landscapeplans for projects requiringminordesign review. -10-
2. The communitydevelopmentdirectormay determinethat any minordesign review requires review by the planning commission."
SECTION 10. Section 16.08.100, LargeFamily DayCare Permit, of Chapter16.08, Permitsand Approvals, of Title 16, Land Use and Development Code, of the Highland Municipal Code is hereby deleted in its entirety.
SECTION 11. Subsections D and E of Section 16.08.150, Nonconforming Parcels, Usesand Structures, of Chapter 16.08, PermitsandApprovals, of Title 16, Land Useand Development, of the Highland Municipal Code are hereby amended to read as follows, with additionsshown in bold text with deletionsshown in strikethroughtext, with all other provisionsof Section 16.08.150 remainingunchanged:
D. Continuation and Maintenance.
1. Anynonconformingstructureor usemaybecontinuedandmaintainedforthe periods of time hereinafter set forth; provided, that there are no structural alterations, except as hereinafter provided:
a. Agricultural crops shall not be subject to the provisions of this section; b. Agricultural uses that involve permanent structures shall be subject to the provisionsof this section; however, such usesshall be permittedto makeany changes or improvementsthat are required by any state law or local ordinance, includingstructural alterationsthatarenecessaryas a partthereof.
2. Anystructureforwhicha buildingpermithasbeenlegallyissued, andonwhich substantialconstruction has beenperformedin reliancethereon on the site before an amendment to the regulation or ordinance making the use or structure nonconforming, maybecontinuedinaccordancewiththeplansandspecifications uponwhichthepermitwasissued, subjectto thelimitationsofthis section.
3. A propertycontaininga legallyestablishedstructurethatdoesnotconformwith applicabledevelopment standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located shall be deemed to be a nonconformingstructure, and may be used and maintained as provided herein.
4. A legallyestablishedsign or displaywhichdoes not conformwith applicable standards ( see Chapter 16. 56 HMC) may be used and maintained until the associateduseor structure is discontinued. Off -site advertisingor displaysmaybe usedand maintained as providedin HMC16.56.190.
5. Routine maintenance and repairs may be performed on a nonconforming use, structure, or sign. However, maintenanceand repairs shall not be of a natureto extend the normal life of the use, structure or sign.
-11-
6. Any legal nonconforming single-family residential structure which does not conform to current enclosed parking standards may construct a one (1) car garageor carport, provided that the property owner demonstratesthat the physical limitations of the site prohibits full conformance to the Development Code standard of a two (2) car enclosed garage. Said physical limitations shall consist of any construction which would encroach upon a required front, side, street side or rear yard setback area, or the location of the existing structure( s) on site, that were legally constructed with appropriate building permit, which because of their location do not permit sufficient physical space between the structure( s) and any property where a garage, attachedor detached, in conformanceto the DevelopmentCode standards, could be constructed. All individual parking spaces shall conform to the Code' s minimum size standards. The carport or garage shall follow the development standards of the R-1 (Single - Family) Zoning District." E. Alterations and Enlargements of Nonconforming Uses and Structures.
1. A nonconforminguse, otherthanthoseresidentialunitsorassociatedaccessory structures listed in the exemption in subsection B of this section, shall not be moved or altered unless required by law, or unless the moving or alterationwill result in the elimination of the nonconformity, except as permitted in this chapter.
2. A nonconforminguse shallnot be enlargedor extendedin sucha way as to occupyanypartofthestructureorsiteoranotherstructureorsitewhichitdidnot occupyatthetimeitbecameanonconforminguse, orinsuchawayastodisplace anyconforminguseoccupyinga structureor site, exceptas permittedin this chapter. There is an exemption, however, for the residential units or associated accessorystructureslistedintheexemptioninsubsectionBofthissection, which maybeenlargedor extendedbyupto 25 percent, as measuredbytotalfloorarea before and after the enlargement or extension.
3. A nonconformingstructureshall not be altered or reconstructedso as to increasethe discrepancybetweenexistingconditionsandthe standardsforfront yards, sideyards, rearyards, heightof structures, distancesbetweenstructures, or usable open space prescribed in the regulations for the zone in which the structure is located. There is an exemption, however, for the residential units or associated accessorystructures listed in the exemption in subsection B of this section, which, when enlarged by the allowable 25 percent, may encroach into the permitted setbacks in alignment with the existing structures, subject to compliance with the latest adopted California Building Code."
-12-
SECTION 12. Subsection B of Section 16. 12. 010, Planned Development District, of Chapter 16. 12, Special Districts, of Title 16 Land Use and Development Code of the HighlandMunicipalCodeis herebyamendedto readas follows, withadditionsshownin boldtext, withallotherprovisionsof Section16. 12.010 remainingunchanged:
B. Use Regulations.
1. Useswithin a PlannedDevelopmentDistrictshall be establishedby a conditional usepermit, planneddevelopment, ora developmentplanapprovedforthesite, as determined by the community development director.
2. Usesestablishedbythedevelopmentplanshallbeconsistentwiththetextand land use map of the generalplan and any applicableplanneddevelopmentor specific plan for the project site.
3. Prior to the approval of a district change to " Planned Development," the conditions of approval for the conditional use permit or development plan, approvedin accordancewith the provisionsof this chapterand Chapter16.08 HMC, shall establishthe permittedand the conditionallypermittedprimaryand accessory uses for the planneddevelopmentproject.
4. Sexuallyorientedbusinessshallbe permittedsubjectto provisionsof Chapter
16. 72 HMC.
5. Accessorydwellingunitsandjunioraccessorydwellingunitsarepermittedif they comply with the provisionsof HMC 16.44.180.
6. Low -Barrier Navigation Centers are permitted with a conditional use permit."
SECTION 13. Subsections A, B and C of Table 16. 16. 030, Uses Permitted Within ResidentialDistricts, of Section16.16.030, UseRegulationsfor ResidentialDistricts, of Chapter 16.16, Residential Districts, of Title 16, Land Use and Development, of the Highland Municipal Code are hereby amendedto read as follows, with additionsshown in boldtextanddeletionsshowninstrikethroughtext, withallotherprovisionsof Section
16.16.030 remaining unchanged:
A/ EQ R- 1 R- 2 R- 3 R- 4 HDS VR R- 2C EHV
A. Residential Uses
1. Single-family detached P P SR P SR P
2-4 dwellings per parcel) C SR SR C
5+ dwellings per parcel) C C SR C is
10 -13-
A/ EQ R- 1 R- 2 R- 3 R- 4 HDS VR R- 2C EHV
2. Single- family attached C SR SR
duplex, triplex, fourplex)
3. Multiple - family attached C C SR SR C
Maximum 650 units ( units
constructed after 650 shall SR
comply with HMC 16.12.010
4. Mobilehome subdivisions SR SR C C
5. Mobilehome parks C C C
6. Boarding/ rooming houses C C C C C
7 or more residents)
7. Senior independent living SR SR C C C C SR C SR
8. Board and care facilities C C C C C
7 or more residents)
9. Senior congregate care, C C C C C
assisted living
10. Residential Care Facility
licensed group home) 6 or P P SR P SR P
fewer persons
licensed group home) 7 or C C C C P
more persons
unlicensed group home) P P SR P SR P
9-. 11 Senior congregate care, C C C C C
assisted living
12 Convalescent care C C C C C
4-!-. 13 Bed and breakfast inns C C C C C C C IC C
14. Single Room C C C C C C
Occupancies
44-.15 Accessory dwelling
units and junior accessory
dwelling units ( shall comply P P P P P P P P P
with the provisions of
HMC 16. 44. 180)
B. Commercial Uses
1. Hotels, motels
I
-14-
A/ EQ R- 1 R- 2 R- 3 R- 4 HDS VR R- 2C EHV
2. Equestrian centers, riding
academies, commercial C
stables
3. Massage establishments'
C. Public/ Quasi- Public Uses
1. Day nurseries, nursery
schools, child care facilities P P P P P P P P P
per state law ( 14 or fewer
children)
p
5p Sp
p p p p
Sp
p
h / mnro
than 14
tstf
a'ri-- r
b tr pdisc pdPc i rtr b
2. Post office branch
3. Community facilities and
religious institutions C C C C C C C
4. Educational institutions C C C C C C C
5. Fire and police stations C C C C C C C
6. Public libraries and
museums
C C
7. Public parks and recreation SR SR SR SR SR SR SR
8. Public utility and public
service substations,
reservoirs, pumping plants, SR SR SR SR C SR SR
and similar installations not
including public utility offices
9. Recreational facilities ( e. g.,
country clubs, tennis and
swim clubs, golf courses),
including limited commercial C C C C SR SR C C C
uses which are commonly
associated and directly
related to the primary use
12 -15-
SECTION 14. SubsectionB of Table 16.22.030.A, Uses PermittedWithin the Mixed Use District, of Section 16.22.030, Mixed Use Regulations, of Chapter 16.22, Mixed Use District, of Title 16 Land Use and DevelopmentCode of the Highland Municipal Code is herebyamendedto readas follows, withadditionsshownin boldtext, withall other provisionsof Section16.22.030remainingunchanged:
Use
Attached
Mixed
Use
Structure
Separated
Multiple
Use
Project
B. Residential uses
1. Single-family detached SR
2. Single-family attached ( e. g., duplex, triplex, fourplex — not attached mixed use)
C SR
3. Multiple -family attached ( not mixed use) C SR
4. Senior independent living C C
5. Senior congregate care, assisted living C C
6. Convalescent care C C
7. Accessory dwelling units and junior accessory dwelling units shall complywith the provisionsof HMC 16.44.180)
P P
8. Low Barrier Navigation Centers P P
9. Single Room Occupancies C C
SECTION 15. Subsection B of Table 16.24.030.A, Uses Permitted Within Employment Districts, of Section 16.24.030 Use Regulations for Employment Districts, of Chapter
16. 24, Employment Districts, of Title 16, Land Use and Development Code of the HighlandMunicipalCodeis herebyamendedto readas follows, withadditionsshownin boldtext, withallotherprovisionsof Section16.24.030remainingunchanged:
Uses BPI 10P
B. Wholesale uses and warehousing
1. Light wholesale, storage and distribution including wholesaling, storage, SR SR andwarehousingserviceswithinenclosedbuildings. Storageandwholesale to retailers from the premises of unfinished, raw and serni-refined products requiring further processing, fabrication, and manufacturing, and other storage shall be excluded from this land use type
2. General wholesale, storage, and distribution including warehousing, C SR storage, freight handling, shipping, trucking services and terminals, storage and warehousing from the premises of unfinished, raw and semi - refined 13 -16-
Uses BP11 OP
productsrequiringfurtherprocessing, fabrication, or manufacturing. Outdoor storage shall be permitted subject to applicable screening requirements
3. Contractor' s storage yards ( temporary in Business Park) including the storage of equipment, materials and vehicles for construction industry contractors (screeningof outdoor storage required)
SR SR
4. Recreationalvehicle storage (screeningof outdoor storagerequired) C SR
5. Vehicle storage/ towing services C SR
6. Vehicle wrecking and storage C
7. Mini storage C SR
8. Semi - trailer, tractor units, tractor - trailer combinations ( whether connected or disconnected) storage, parking and/ or staging SECTION 16. Table 16.24.040.A, Industrial Site Development Minimum Standards, of Section 16. 24. 040, Employment District Development Standards of Chapter 16.24, Employment Districts, of Title 16 Land Use and Development Code of the Highland MunicipalCodeis herebyamendedto readas follows, withadditionsshownin boldtext anddeletionsshownin strikethroughtext, withallotherprovisionsof Section16.24.040 remaining unchanged:
Requirement BP I _ OP
1. Minimum parcel size 1 AC 1 AC 10 K sq.
ft
2. Minimum site width ( in feet) 150 200 80
3. Minimum site depth ( in feet) 150 200 100
4. Minimum front building setback area ( in
feet)
20 20 20
5. Minimum interior side building setback area
in feet)
20 0 20
6. Minimum street side building setback area
in feet)
20 20 20
7. Minimum rear building setback area (in feet) 20 0 20
8. Maximum building height ( in feet) 3550 50 35
9. Maximum lot coverage 60% 50% 60%
SECTION17. SubsectionA ofSection16.40.030AccessoryStructures, ofChapter16.40, GeneralDevelopmentStandards, of Title 16, LandUseand DevelopmentCodeof the HighlandMunicipalCodeis herebyamendedto readasfollows, withadditionsshownin 14 -17-
bold text and deletions shown in strikethrough text, with all other provisions of Section
16.40.030 remaining unchanged:
A. AccessoryStructureswithin ResidentialDistricts.
1. Accessory Structure. Except as provided below, all accessory structures, whether attached or detached, shall meet all of the site development standards applicableto the mainstructureas requiredbythe zoning district in which the main structure is located.
2. Canopies/Patio Covers. Canopies/patio covers or roofs attached to the main buildingor connectingthe mainbuildingto anaccessorybuildingmayextendinto a required rear yard, interior side yard, and street side yard; provided, that the portionsof such structuresextending into theyard:
a. Shall not exceed 15 foot ;Rhoinh+ 1,000 square feet in area, or more than 20 feet in height, or project closerthan five feetto an interiorside, street side, or rear lot line; provided that, the canopies/patio cover is no higher than the main structure.
b. Shallbe entirelyopen on atleastthree sidesexcludingthe necessarysupporting columns, except that a roof connectinga main building and an accessory building shall be open on two sides. Construction, projections, openings and penetrations of exterior walls of dwellings and accessory structures shall comply with separation requirementsand opening protections as set forth in the California Building Code.
c. A Staff Review Permit, approved by the Planning Commission, is required beforeissuing building permits for canopiesor patio covers that exceedthe maximum size specified above. This permit is a one-time approval and will remain valid for the lifetime of the structure.
d. Findings
Prior to acting upon an application for a Special Use Permit for a detached carport, private garage, or other detached accessory structure, the reviewing authority shall find that all of the following are true. 1) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setback, parkingarea, and other requirementsof the Code.
2) Theproposedaccessorystructure issubordinatein size, location, and appearance to the primary residential unit.
15 -18-
3) Issuance of the permit shall not be detrimental to the public health, safety, or welfare, or injurious to the property or improvementsin the vicinity and district in which the use is located.
4) The appearance of the detached accessory structure and the method of construction are compatible with the surrounding built environment.
3. Ground -Mounted Equipment. Ground -mounted equipment, including but not limitedto air conditioningcompressors, evaporativecoolersandpoolequipment, mayprojecta maximumof fourfeetintothe requiredrearyardsetback, anda maximum of two feet into the required interior side yard setback, but shall be prohibitedfromprojectingintotherequiredfrontorstreetsideyardsetbacks.
4. Detached Accessory Structures.
a. A detachedaccessorystructuremaybe locatedwithinan interiorsideyardor rearyard; provided, thatwhensucha structureis locatedcloserthanfivefeetto an interior side or rear lot line, one -hour fire walls shall be installed on the side or sideslocatedwithin the setback. In nocaseshall an accessorystructurebelocated closer than one foot from the property line.
b. Accessorybuildingsshallhavea maximumheightof 4520feet andshall not exceed 1000 square feet; provided, however, that the accessory building is no higher than the main structure.
c. Accessorybuildingsshallbe locatedat least10feetfromanyotherbuilding. d. A Staff ReviewPermit, approvedby the PlanningCommission, is required before issuing building permits for accessory buildings that exceed the maximumsize specified above. This permit is a one-time approval and will remain valid for the lifetime of the structure.
5. Projections into Yards. Porches, steps, and architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may projecta maximumofthreefeetintoanyrequiredfrontor rearyardarea, andinto anyrequiredsideyardareanomorethanone-halfoftherequiredsideyard." SECTION 18. Section 16. 40. 090, Development Density, of Chapter 16.40, General DevelopmentStandards, of Title 16 LandUseand DevelopmentCodeof the Highland MunicipalCode is hereby amended in its entiretyto read as follows:
A. Thepurposeof theprovisionsofthissectionisto provideincentivesforthe productionofspecifichousingtypesforpopulations, including, butnotlimitedto, very low income, lower income, moderate income, and senior households, in 16 -19-
accordance with Government Code Section 65915, commonly referred to as the StateDensityBonusLaw. In enactingthis division, it is the intentof the city to facilitate the development of the goals, objectives, and policies of the housing element of the city' s general plan.
B. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the Community Development Department on a form approved by the Community Development Department Director. The application shall be filed concurrently with an application for a designreviewpermitreview, staffreviewpermit, or administrativeapproval.
At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council.
C. City staff shall processthe applicationfor a densitybonusin the same manneras, andconcurrentlywith, theapplicationfora designreviewpermit, staff reviewpermit, or administrativeapprovalthat is requiredby this Code. The reviewingauthorityfor thedensitybonusapplicationshallbe thesamereviewing authorityfor the design reviewpermit, staff review permit, or administrative approval.
D. The application shall clearly indicate the number of base units allowed by the Citygeneralplanandzoningregulations, the numberof densitybonusunits requested, and the numberof affordableunitsthat will be includedin the proposed project. The applicant should submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductionsof developmentstandards, and parking ratios, to the satisfactionof the Community Development Director.
E. For a housingdevelopmentqualifyingpursuantto the requirementsof Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise requiredby GovernmentCodeSection65915, thedensitybonusunitsshallnotbe includedwhen calculatingthe total numberof housingunits that qualifiesthe housing development for a density bonus.
F. For the purpose of calculatingthe density bonus, the "maximum allowable residential density" shall be the greatest density allowed under the zoning ordinance, specificplan, or landuseelementof thegeneralplan, or, if a rangeof density is permitted, the greatest allowable density for the specific zoning range and landuse element of the generalplanapplicableto the project. Ifthe applicable zoningordinance, specificplan, orlanduseelementofthegeneralplandoesnot includea standardfor densityper acre, the developershall preparea basedensity studyto calculatethe numberof baseunitspursuantto the provisionsof Government Code Section 65915( o)( 6).
17 -20-
G. The City shall grantthe applicantthe numberof incentivesand concessions requiredby GovernmentCodeSection65915. The City shall grantthe specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915( d). Senior citizen housingdevelopmentsthat qualifyfor a densitybonusshall not receiveany incentives or concessions, unless Government Code Section 65915 is amended tospecificallyrequirethatlocalagenciesgrantincentivesorconcessionsforsenior citizen housing developments.
H. For an applicant proposing to construct a housing development that conformsto the requirementsof GovernmentCode Section65915(b) and includes a childcarefacilitythatwillbe locatedonthepremisesof, aspartof, or adjacentto the project, the City shall grant either an additional densitybonus or a concession or incentiveas providedfor in GovernmentCode Section65915(h)(1). A proposed projectshallbeeligibleforthedensitybonusorconcessionorincentivedescribed in this Sectiononly if the projectis madesubjectto, and the projectapplicant agrees to adhere to the conditions of approvals set forth in Government Code Section 65915( h)( 2). As used in this section, " childcare facility" shall have the samemeaningas thetermisdefinedin GovernmentCodeSection65915 .
I. Except as restrictedby GovernmentCode Section65915, the applicantfor a densitybonusmaysubmita proposalforthewaiveror reductionofdevelopment standards that have the effect of physically precluding the construction of a housingdevelopmentincorporatingthe density bonus and any incentivesor concessionsgrantedto the applicant. A requestfor a waiveror reductionof development standards should be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing developmentwith the additionaldensityallowed pursuantto the density bonusand incorporatinganyincentivesorconcessionsrequiredto begranted. TheCityshall approve a waiver or reductionof a developmentstandard, unless it finds that:
1. The application of the development standard does not have the effect of physicallyprecludingtheconstructionofa housingdevelopmentatthedensity allowedby the densitybonusandwith the incentivesor concessionsgrantedto the applicant;
2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Section 65589. 5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3. The waiver or reduction of the development standard would have an adverseimpacton anyrealpropertythatis listedin the CaliforniaRegisterof Historical Resources; or
18 -21-
4. The waiver or reduction of the development standard would be contrary to state or federal law.
J. Theapplicantmayrequest, andthe Cityshallgrant, a reductionin parking requirements in accordance with Government Code Section 65915( p), as that section may be amendedfrom time to time.
K. The applicant shall comply with all requirements stated in Government Code Section 65915.
L. The applicant shall enter into an agreement with the City to ensure the continuedaffordabilityof all affordableunitsor the continuedreservationof such unitsforqualifyingseniorcitizensasrequiredbyGovernmentCodeSection65915.
Priorto receivinga buildingpermitfor anyprojectthatreceivesa densitybonusor any incentive, concession, waiver, or reduction of development standards pursuantto thissection, suchagreementshallberecordedas a covenantagainst the property. Theagreementshallbe ona formapprovedbytheCityAttorney.
M. Foranydevelopmentprojectthatisgrantedadensitybonusorotherbenefit pursuanttothissection, theaffordableunitsthatqualifytheprojectaseligiblefor a densitybonus, mustbeconstructedconcurrentlywithorpriorto theconstruction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each buildingof the developmentproject.
N. An applicant shall not receive a density bonus or any other incentive or concessionif the housingdevelopmentwould be excludedunderGovernment Code Section 65915, which includes, but is not limited to, projects that fail to replace" existing housing units, as required by state law.
O. The provisionsof this subdivisionshall be interpretedto fulfill the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.
P. Appeals of a decision to grant or deny a density bonus, or an incentive, concession or waiver of a development standard shall be governed by Highland Municipal Code Section 16. 08. 210."
SECTION 19. Section 16.44.270, EmergencyShelters, of Chapter 16.44, Specific Use Development Standards, of Title 16 Land Use and DevelopmentCode of the Highland MunicipalCodeis herebyamendedto readasfollows, withadditionsshownin boldtext, withallotherprovisionsof Section16.44.270remainingunchanged:
A. Intent. Thissectionis intendedto controlthe establishmentand operationof emergencysheltersintheBusinessPark (BP) Districttoensurethatsuchusesdo notadverselyimpactadjacentparcelsorthesurroundingneighborhood, andshall R
-22-
be developedin a mannerwhich protectsthe health, safety and general welfare of the nearbyresidentsandbusinesses, whileprovidingfor the housingneedsof a needy segment of the community.
B. Definition. As used inthis code, theterm "emergencyshelter" shall be as defined in California Health and Safety Code Section 50801.
C. DevelopmentStandards. In accordancewith the authority granted in Section 65583(a)(4)(A) of the GovernmentCode, all emergencyshelters shall complywith the following development and management standards:
1. Maximum Number of Beds/Persons. An emergency shelter for the homeless shall contain a maximum of 25 beds and shall serve no more than 25 homeless persons nightly.
2. Parking. Theemergencysheltershallhavenotlessthanoneoff-streetparking space for each 250 square feet of gross floor area, unless it is demonstrated by credible evidence that a different parking ratio is appropriate based upon the shelter's demonstrated need. For emergency shelters located within one-half mile of a public transit stop, or those primarily serving residentswho do not ownvehicles, the parkingrequirementmaybereducedto zero, providedthat credible evidence is submitted to justify the reduced need and subject to approval by the Community Development Director.
3. ClientIntakeAreas. Thewaitingandclientintakeareasshallbe a minimumof 500 square feet in floor area and shall be designed to ensure that waiting clients are not required to wait outside the building.
4. ShelterProvider. Theagencyor organizationthat isoperatingthe sheltershall comply with the following requirements:
a. Staff and services shall be provided to clients to assist clients to obtain permanentshelter, socialandhealthservicesandincome.
b. Theprovidershallprepareandfilea managementplanwiththecitythatincludes clear operational rules and standards, including, but not limited to, standards governingexpulsionsandlightsout, security, screeningof residentsto ensure compatibilitywith servicesprovidedat the shelter, andopportunitiesfor training, counseling, and treatment programsfor residents.
5. Concentrationof Uses. An emergencysheltershallnot be locatedwithin300 feet of another emergency shelter.
6. Lengthof Stay. Temporarysheltershallbe availableto an individualclientfor no more than 180 consecutive days.
20 -23-
7. Lighting. Adequateinteriorandexteriorlightingshall be providedfor security purposes.
Thelightingshallbestationary, directedawayfromadjacentpropertiesandpublic rights -of -way, andof an intensitythatiscompatiblewiththe neighborhood.
8. Security. Parkingandoutdoorfacilitiesshallbedesignedtoprovidesecurityfor clients, visitors, employees, neighbors and the public. On -site supervisory and securitypersonnelshallbeprovidedatalltimesduringthehourstheshelterisin operation, with security providedat both interiorand exterior locations.
9. Trash/RecyclingEnclosure. A trash/recyclingenclosureis requiredonsite. The receptacles and enclosure shall be of sufficient size to accommodate the trash generatedbytheusesserved. Alloutdoorstorageoftrash, garbage, refuse, and other items or materials intended for discarding or recycling collection shall be screenedfrom publicview on at leastthreesidesby a solid decorativewall not less than five feet in height, or alternatively, such material or design approved by the planning commission. The fourth side shall contain a solid metal gate maintainedin working order and remainingclosedexceptwhen in use.
10. LaundryFacilities. An emergencyshelteris encouragedto provide laundry facilities or services adequate for the number of residents.
11. Common Facilities. An emergency shelter is encouraged to provide a central cookingand diningroom, subjectto applicablehealthand use permits, for the exclusive use of the residents and staff.
12. SanitaryFacilities. An emergencysheltershallprovideandmaintainsufficient interiorsanitaryfacilitiesto accommodatethe numberof clientswho couldbe served at the shelter.
13. Clean -Up. Theoperatoroftheemergencysheltershallmaintaintheexteriorof theemergencyshelteranditsimmediatesurroundingareain a cleanandsanitary condition, without the accumulation of trash, belongings, and human or animal waste.
14. Development Standards. A new emergency shelter shall comply with HMC
16. 24. 040, Employment district development standards, unless specified otherwise in this section.
15. Fire Sprinklers. Fire sprinklers shall be installed in all emergency shelters in accordance with the city' s fire code."
SECTION 20. Environmental Review. The City Council finds that the adoption of this Ordinanceis exempt from the California EnvironmentalQualityAct (CEQA) pursuant to the General Rule ( 14 C.C. R. Section 15061(b)(3)) of the CEQA Guidelines, which is the 21 -24-
generalrulethatCEQAappliesonlyto projectswhichhavethe potentialfor causinga significanteffecton the environment, and CEQAdoes not applywhere it can be seenwith certaintythatthereis nopossibilitythattheactivitymayhavea significanteffectonthe environment. This Ordinanceinvolvesamendmentsto multiplecodesectionsto alignwith state law, expandhousingand businessopportunities, establishclear guidelinesand regulationsto ensurecompatibilitywith communityneeds, and promotepublichealth, safety, andwelfare, withoutresultingin significantenvironmentalimpacts. Thereis no possibilitythattheOrdinancemayhavea significanteffectontheenvironmentsinceit comprehensivelyconsiderssafety, aestheticsandfinancialimplicationsrelatedtosuch requirements. Additionally, thisAmendmentisnotproposingdevelopmentof a project.
SECTION 21. Severability. Ifanysection, subsection, sentence, clauseor phraseof this Ordinanceis foranyreasonheldby a courtof competentjurisdictionto beinvalidor unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clause or phrases. The City Council hereby declares that it wouldhavepassedthis Ordinanceandeachsection, subsection, clauseandphrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauseor phrasebe declaredinvalidor unconstitutional, andwouldhavepassedand adopted the same even though any sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.
SECTION22. Publicationand Posting. Within fifteen (15) days following the passageof this Ordinance, the City Clerkshall publishand/or postthis Ordinanceas requiredbystate law and City resolution.
PASSED, APPROVED, AND ADOPTED this 10thday of June 2025.
Penny Lilburn, Mayor
ATTEST:
Alondra Munoz, City Clerk
APPROVED AS TO FORM:
Maricela E. Marroquin , City Attorney
22 -25-
ATTACHMENT 2
ADU) Ordinance No. 471
-26-
ORDINANCE NO. 471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING SECTION 16. 44. 190 ( ACCESSORY
DWELLING UNITS) OF TITLE 16 ( LAND USE AND DEVELOPMENT
CODE) OF THE HIGHLAND MUNICIPAL CODE TO UPDATE
REQUIREMENTS IN ACCORDANCE WITH STATE LAW, AND MAKE A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ( MUNICIPAL CODE AMENDMENT
MCA 24- 001)
THE CITYCOUNCILOF THE CITY OF HIGHLANDDOESORDAIN AS FOLLOWS:
Section 1. Findincls and Intent.
WHEREAS, Senate Bill 477, effective March25, 2024, amendedAccessory Dwelling Unit Law (" ADU Law") ( formerly GovernmentCodeSections 65852.2 and 65852.22) now Chapter 13 of Division 1 of Title 7 of the Government Code), which reorganized ADU Law and has led to referencesto ADU Law in the Highland Municipal Codeto be no longer applicable; and
WHEREAS, the State of California adoptedamendmentsto Government Code Section 66313, 66314, and 66323, altogether knownas Senate Bill 1211, effective January1, 2025, which further amend standardsand requirementsfor accessory dwelling units ADUs"); and
WHEREAS, portionsof the City's currentregulationsforADUsandJuniorADUs JADUs") require amendment to remain consistent with State Law; and WHEREAS, on August 24, 2021, the City Councilof the City of Highlandadopted OrdinanceNo. 448amendingregulationspertainingto accessorydwellingunitsand junioraccessorydwellingunitsanddetermining, basedonfindings, thatADUsinareas that havebeen designated as highfire severityzones could endanger the public health and safety; and
WHEREAS, the City's currentregulationsforADUsandJADUsprohibitthe construction of ADUs in highfire severity zones in the City; and
WHEREAS, Staff has studied the issue of whetherthere should continue to be a permanentban ontheconstructionofADUsinhighfireseverityzones, orifcertain healthandsafetyregulationsshouldbeadoptedtoallowADUsto beconstructedin theseareasundercertainparameters. As a resultof carefulconsiderationbyStaff workingcloselywiththeCity's FireMarshal, andtheCity's BattalionChief, itwas determinedto beappropriateto continueto banallconstructionof ADUsin highfire severityzonesduetotheconcentrationofhousingtractswithunitsbuiltneareachother alongthefoothillsoftheNationalForest. Itwasfurtherdeterminedappropriateto 11026- 0001 \3089047v4. doc
-27-
continueto banADUs in high fire severityzones because detachedADUs along the foothillswill intrude into the rear setbacks (and others) and could result in impactsto the fuel modificationzones, both designedto protectthe residentialneighborhoodsfrom wildfires; and
WHEREAS, the CityCouncilherebydeterminesthattheconstructionofADUsin areas that have been designated as highfire severityzones could endanger the public health andsafety. Theseareasareproneto fires, andincreasingthedensityintheseareas canhindertheabilityofthefirepersonneltoevacuatepeoplequicklyineventofafire emergency; and
WHEREAS, on June 27, 2017, there was a 900-acre wildfire in Highlandthat forced the evacuationof about 200 residents. On July 12, 2017 there was a 33-acrefire that burnedintheCity. A fewdayslater, onJuly14, 2017, therewasa450-acrebrushfire that burnedaround homes in the City. In the neighboringcity of San Bernardino, there was a brush fire on October 21, 2019 that destroyedor damaged nine homes. On October24, 2019, there was a wildfire in San Bernardinothat burned 145 acres.
AccordingtoCalFire, 7,860fireswererecordedto CalFireandtheUSForestServicein 2019, an increasefrom the 7,571 fires in 2018. In 2020, these figures increasedagain to 9,639 fire incidents. In September2020, the El Dorado Fire occurredin Yucaipa where22,744 acres were burned, 10 structureswere destroyed, and tragically, one firefighter died; and
WHEREAS, on September5, 2024, the Line Fire broke out in Highland. The Line Fire causedconditionsof extremeperilto thesafetyof personsandpropertywithintheCity of Highlandand resulted in fire damageand evacuationsfor parts of the City. On September11, 2024, theCityManagerdeclareda localemergency, whichwasratified bytheCityCouncilonSeptember12, 2024throughtheadoptionofResolutionNo. 2024- 044. The Line Fire burned a total of 43, 978 acres. The burn areas are now susceptible to mud and debris flow and possible landslides; and WHEREAS, in January2025, a seriesoffourteenwildfiresaffectedLosAngelesCounty andSanDiegoCounty, forcingover200,000peopleto evacuatefromtheirhomes, destroyingmore than 18,000 homesand structuresand damaging countlessothers, andburningover57,000acresofland. Thetwolargestfiresduringthistimeincluded the EatonFire in Altadena and the PalisadesFire in the Pacific Palisades. Duringthis time, the Little Mountain Fire, located in San BernardinoCounty also burned34 acres; and
WHEREAS, theCityis proneto strongwindswhichhelpfuelbrushfiresandcancreate adangeroussituation, particularlyifthereisonlyoneescaperoutefromthefireand streetsareblockeddueto on -streetparkingduringanevacuationevent. Increasingthe populationinhighfireseverityzoneareascouldhavedevastatingconsequencesif additionalpeoplemustbequicklymovedfromtheareaintheeventofanemergency.
Accordingto mostfuel modificationanddefensiblespaceplans, therearegenerally areaswherenocombustibleconstructionisto occuradjacentto developmentinthe 2-
11026-0001 \3089047v4. doc
-28-
high fire hazard severity zones. Shouldconstructionof an ADU (or any combustible construction) occur in these areas, it will compromisethe design of any fuelmodification and defensible space plan; and
WHEREAS, intheyearsafterawildfire, areasleftcharredbyflamesanddevoidof vegetationcanrenderthesoilnon -permeableto rainwaterandincreasethelikelihoodof mudslides, debris flows, and flash floods due to the lack of rainfallabsorptionin the soil.
The CaliforniaGovernor's Office of EmergencyServices (CaIOES) warns that Californianswho live on or belowhillsidesin general, but especiallyin areas impacted bywildfires, areatanincreasedriskofdebrisflow, orthefast-movingmassofmaterials such as slurries of water, rock, soil, vegetation, and even boulders and trees.
ConstructionofADUsin highfireseverityzonesincreasesthe residentialdensityin areasproneto mudslides, debrisflows, andflashfloodstherebyincreasingthe number of peopleat risk during such events; and
WHEREAS, theCityCouncilfurtherdeterminesthattheconstructionofADUsin areas without appropriate sewer systems is detrimentalto the local water quality, and public healthandsafety. ADUsproposedto beservedbyOn -SiteWastewaterTreatment Systems ( OWTS) ( e. g., septic systems) require review and approval from the local healthofficer per GovernmentCode section66314(d)(9). In this case, the City's local healthofficeristhe Countyof SanBernardinoDepartmentof PublicHealth. The County'sapprovalprocessrequiresallproposed (new) andmodifiedsepticsystemsin theCityofHighlandtobesubmittedtotheStateWaterQualityControlBoardfor evaluationand approval. The extensiveminimum standardsand technical requirements alsoderivedfromthe CaliforniaPlumbingCode) forthetreatmentanddisposalof sewage through the use of OWTS on small lots in established neighborhoods, when no connection to a sewer is available, conflicts with the state' s ADU legislation standards.
These conflicts include, but are not limitedto, minimum lot size, setbacksfrom septic tanks and leach fields, and setbackfrom structures and existingwater service lines. For these reasons and others, the StateWater Quality Control board is denyingADUs basedon current statewide OWTSpolicy. Accordingly, this ordinancecontinuesthe City'scurrentpracticeofprohibitingtheconstructionofADUsinareasnotservicedby sewer systems as it would be detrimentalto the public health and safety; and WHEREAS, the Cityof HighlandPlanningCommissionhelda publichearingat the HighlandCityHallCouncilChambersinHighland, California, onApril1, 2025at6:00 p. m., and, noticeof saidpublichearingshavingbeendulygivenas requiredby lawand in accordancewiththe provisionsofthe HighlandMunicipalCode, heardand consideredevidencefor andagainstsaidMunicipalCodeAmendment, andinvestigated andmadefindingsandrecommendationsin connectionherewith. Atthe conclusionof thepublichearingonApril1, 2025, theCityofHighlandPlanningCommissionadopted ResolutionNo. 25-007recommendingthattheCityCounciladoptthisOrdinance; and WHEREAS, the CityCouncil, at a regularmeeting, consideredtheOrdinanceon May 13, 2025, at 6:00 p.m., at a duly noticedpublic hearing as prescribedby law, atwhichtimetheCitystaffandinterestedpersonshadanopportunityto anddid 11026-0001 \3089047v4. doc
-29-
testifyeitherin supportoroppositionto thismatter. Attheconclusionof the public hearing, the City Councilclosedthe public hearingand consideredthe entire record of information received at the public hearings before the Planning Commission and City Council.
Section 2. Section 16.44.180(Accessory Dwelling Units) of Chapter 16.44 (Specific Use DevelopmentStandards) of Title 16 (Land Use and DevelopmentCode) of the Highland MunicipalCodeis herebyamendedto readasfollows, withadditionsshowninunderlined text and deletions shown in strikethrough text:
16. 44. 180 Accessorydwelling units and junior accessorydwelling units.
A. Intent. This section is intended to provide reasonable regulations for the development of accessory dwelling units (" ADUs") and junior ADUs (" JADUs") in certain residential areas on lots developed or proposed to be developed concurrentlywithsingle-familyresidentialor multifamilyresidentialdwellingsin compliancewithstatelawregardingADUsandJADUs (Chapter13of Division1 of Title 7 of the Government Code). ADUs and JADUs contribute needed housing to the community's housingstockandare intendedto providelivablehousingat lowercostwhileprovidinggreatersecurity, companionshipandfamilysupportfor the occupants. In addition, the regulations in this section are intended to ensure that ADUs and JADUs located in residential districts do not adversely impact adjacentresidentialparcelsor the surroundingneighborhood, have access to adequate water and sewer services, will have limited impacts on traffic flow and publicsafety, andaredevelopedina mannerwhichprotectstheintegrityofthe residentialdistrict, whileprovidingfor neededhousingopportunitiesfor ownersof eligibleparcels. Moreover, the regulationsare intendedto ensurethatADUsare not constructed in high fire severity zones as this poses a great risk to the public health and safety in the event of a fire and the needto quickly evacuate residents.
B. Definitions. The followingwords shall have the meanings set forth below, unless the context otherwise permits or requires:
Accessory dwelling unit" or " ADU" has the meaning ascribed in Government Code Section 66313( a), as the same may be amended from time to time.
2. " Attached ADU" means an ADU that is constructed as a physical expansion i. e., addition) of the primarydwellingandsharesa commonwallwiththe primary dwelling.
3. " Detached ADU" means an ADU that is constructed as a separate structure fromthe primarydwelling, whichdoesnotshareanywallswiththe primary dwelling.
4-
11026- 0001 \ 3089047v4. doc
-30-
4. " Existing structure" means an existing single-family dwelling, multifamily dwelling, or otheraccessorystructurethatcanbe safelyconvertedinto habitablespace underthe CaliforniaBuildingStandardsCode, as amended by the city, and other applicable law.
5. " Junior accessory dwelling unit' or "JADU" has the meaning ascribed in Government Code Section 66313( d), as the same may be amended from time to time.
6. " Primarydwelling" meanstheexistingor proposedsingle-familydwellingor multifamilydwellingonthe lotwhereanADUwouldbe located.
7. " Publictransit" has the meaningascribedin GovernmentCode Section 66313( m), as the same may be amendedfrom time to time.
C. General Requirements and Application Procedure.
An applicationfor an ADU or JADUshall be consideredministerially, without discretionaryreview or a hearing, pursuantto either "planning review" or a streamlined " building permit only" review. The city shall act on the application within 60 days from the date the city receives a completed application if there is an existing single-family dwelling or multifamily dwellingonthelot. IftheapplicationtocreateanADUorJADUissubmitted witha permitapplicationto createa newsingle-familydwellingonthelot, thecitymaydelayactingontheapplicationfortheADUorJADUuntilthe cityactsonthepermitapplicationtocreatethenewsingle-familydwelling, but the application to create the ADU or JADU shall still be considered ministeriallywithoutdiscretionaryreviewor publichearingundereitherthe planningreviewor buildingpermitonlyreview. If the applicantrequestsa delay, the60-daytimeperiodshallbetolledfortheperiodofthedelay. Table
16.44.180 summarizes the level of ministerial review required for various types of ADUs.
Table 16. 44. 180 - Ministerial ADU Review
Applications Subject to " Planning Applications Subject to " Building Review" ( See HMC 16. 44. 180( D)) Permit Only" Review ( See HMC
16. 44. 180( E))
Any applicationfor an ADU that is not One ADU within the space of an existing eligible for " building permit only" review. or proposedsingle-family dwelling or an accessorystructure. The ADU may
expandthe physicaldimensions of an
existingaccessorystructure by not more
than 150 square feet to allow for ingress
and egress. The space must have
11026- 0001 \3084047v4.doc
-31-
exterior access from the proposed or
existing single-family dwelling. The rear
and side yard setbacks must be sufficient
for fire and safety.
A JADU that meets the requirements of
Article 3 (commencing with Section
66333) of Chapter 13 of Division 1 of Title
7 of the Government Code.
One detached, new construction ADU,
so longas the ADU does not exceed four -
foot side and rear yard setbacks for a lot
with a proposedor existing single-family
dwelling unit, a total floor area of 800
square feet, and a height of 16 or 18 feet
as providedin GovernmentCode Section
66321( b)( 4)( A)-( C), as applicable.
Multiple ADUs within the portions of an
existing multifamily dwelling, in spaces
not used as living space. Examples
include conversion of storage rooms,
boiler rooms, passageways, attics,
basements, and garages. Each ADU
must comply with state building standards
for dwellings.
The number of ADUs that may be created
within a multifamily dwelling is equal to 25
percent of the number of existing
multifamilydwellingunits, or one ADU,
whichever is greater.
Not more than eight detached ADUs on
a lot with an existing multifamily dwelling;
however, the number of ADUs cannot
exceed the number of existing units on
the lot. The ADUs are subject to a 16 or
18-foot height limit as provided in
Government Code Section
66321( b)( 4)( A)-( C), as applicable, and
must maintain at least a four -foot rear and
side yard setback, unless the existing
multi -family dwelling has a rear or side
setback of less than four feet
Not more than two detached ADUs on a
lot with a proposed multifamily dwelling.
The ADUs are subject to a 16 or 18-foot
height limit as provided in Government
Code Section 66321 b 4 A - C , as
W
11026- 0001 \ 3089047v4. doc
-32-
applicable, and must maintain at least a
four -foot rear and side yard setback.
2. AllADUs and JADUsshall satisfythe requirementsof the CaliforniaBuilding Standards Code, as amended by the city.
3. In accordance with state law, ADUs are an accessory use or an accessory structureto the primarydwellingon the lot. ADUsshall not be considered to exceed the allowable density for the lot.
4. The applicationfor the planning reviewADU or building permit only ADU or JADU must be signed by the owner(s) of the parcel of land.
D. PlanningReviewADUs. Exceptas otherwiseset forth in subsectionE of this sectionregardingbuildingpermitonlyADUs (GovernmentCodeSection66323 ADUs and JADUs), thecityshallnotapproveanapplicationfora newADUunless the ADU satisfies all of the standards below. An application for a new ADU that satisfies each of the below standards shall be approved by the director of community development, or designee, following a ministerial review for compliance. ADUsapprovedpursuantto "planningreview" shallcomplywiththe followingstandards, unlessstatelawmandatesthatdifferentstandardsshallapply, in which case the mandated state law standards shall apply:
1. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential, except as otherwise set forth herein. To protect the public health and safety, no ADUs shall be constructed in an area designated as a high fire severity zone, or in an area without adequate sewer systems ( i.e., on septic tank system).
2. Development Standards.
a. Size Restrictions. The total floor area of an attached ADU to an existingprimarydwelling shallnotexceedfifty percentof thegross floor area for the primary dwelling, except where such standard wouldpreventconstructionof anADU of 850 squarefeet or 1,000 square feet for an ADU that provides more than one bedroom. The total floor area of an attached ADU or detached ADU that has two or more bedrooms shall not exceed 1,200 square feet. In no case shall an ADU be a smaller size than an " efficiency unit" as defined in Section 17958. 1 of Health and Safety Code.
b. Height Restrictions. A detached or attached ADU shall not exceed the height limit established for the district in which it is located, the height of the primary dwelling, or the applicable height in Government Code Section 66321( b)( 4)( A)-( D), whichever is greatest.
7-
11026- 0001 \ 3089047v4. doc
-33-
c. Setback. No setback shall be required for an ADU that is within an existing structureor within a structureconstructedin the same location and that has the same dimensions as an existing structure.
For all other ADUs, the required setback from side and rear lot lines shall be four feet. ADUs shall comply with the front yard setbacks otherwise required by the Highland Municipal Code, except where the application of the front yard setbacks would not permit construction of an 800- square- foot ADU.
d. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would notpermitconstructionofan800-square-footADUwithfour -footside and rear yard setbacks.
e. Historic Resources. An ADU that has the potential to adversely impactany historicalresourcelistedon the CaliforniaRegisterof Historic Resources shall be designed and constructed in accordance with the "Secretaryof the Interior's Standardsfor the Treatmentof Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and ReconstructingHistoricBuildings" foundat Section
68.3 of Title 36 of the Code of Federal Regulations, as amended from time to time.
3. Design and Features.
a. Design. The ADU shall have the same colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district, specific plan area, or planned unit development where the ADU is located.
b. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling, or as required under the existingCaliforniaResidentialCode. Theconstructionof anADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
c. Entrance. An attached ADU shall have a separate exterior entrance from the primary dwelling.
4. Transfer. An ADU shall not besold, transferred, or assignedseparatelyfrom theprimarydwelling, exceptwhentheADUis constructedbya qualified nonprofitcorporationpursuanttoGovernmentCodeSection66341. Insuch cases, theADUmaybeseparatelysoldto aneligiblelow-incomebuyeras 8-
11026- 0001\ 3089047v4. doc
-34-
definedby statelaw. Otherwise, theADU maybe rented, butshallnotbe used for short-term rentals for less than 31 consecutive days.
5. Parking Requirements.
a. In additionto the off-street parkingspace(s) requiredfor the primary dwelling, one off-streetparkingspace shall be providedfor each ADU, except when:
The ADU is located within one-half mile walking distance of public transit;
The ADU is located within an architecturally and historically significant historic district;
iii. The ADU is part of a proposedor existing primarydwellingor accessory structure;
iv. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or
V. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle.
b. Off-street parkingshall be permittedin setbackareasin locations determined by the planningdivision or through tandem parking. c. When the ADU is created by converting or demolishing a garage, carport, covered parking structure, or uncovered parking space, replacementof parkingspace(s) eliminated bythe constructionof the ADU shall not be required as long as the ADU remains in use as a legal ADU.
6. Permits Required. Except as otherwise required herein, all construction, structural alterations or additionsmade to create an ADU shall complywith current development standards and building, electrical, fire and plumbing codes. The applicant shall obtain a building permit and any other applicable constructionpermitspriorto theconstructionof theADU.
E. Building Permit ADUs.
An applicant shall not be requiredto submit an application for an ADU or JADU permit underthis section, and may insteadseek buildingpermit approval for an ADU and/or JADU that satisfies the requirements of GovernmentCode Section66323, as the same may be amendedfrom time 9-
11026- 0001 \ 3089047v4. doc
-35-
to time, and the California Building Standards Code, as amended by the city.
2. In addition to obtaininga building permit under this process, the applicant shall be required to obtain all other applicable construction permits prior to the construction of the ADU or JADU.
3. An ADU or JADUapprovedby a buildingpermit onlyprocessshall be rented only for terms of 31 days or longer.
4. Pursuant to Government Code Section 66323, the city shall ministerially approve an applicationfor a building permit within a residential or mixed - use zone to create any of the following:
a. One ADU and one JADU per lot with a proposed or existing single- family dwellingif all of the following apply:
The ADU or JADU is within the proposed space of a single- familydwelling or existing space of a single-family dwelling or accessorystructureand may includean expansionof not
more than 150 square feet beyond the same physical
dimensionsas the existingaccessorystructure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
The space has exterior access from the proposed or existing single- family dwelling.
iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of Article 3 commencingwithSection66333) ofChapter13of Division1
of Title 7 of the Government Code as set forth in subsection E)( 6) of this section.
b. One detached, new construction ADU that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The detached ADU may be combinedwith a JADU described in subsection ( E)(4)( a) of this section. The ADU shall be no more than 800 square feet in size, with a height limit as providedin GovernmentCodeSection66321(b)(4)(A)-(C).
c. At least one ADU within the portions of existing multifamilydwelling structures that are not used as livable space, including, but not limitedto, spacesfor living, sleeping, eating, cooking, and sanitation, 10-
11026- 0001 \ 3089047v4. doc
-36-
storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.
d. Not more than eight detached ADUs that are located on a lot that has anexistingmultifamilydwelling, subjectto a heightlimitas provided in Government Code Section 66321( b)(4)( A)-( C), and four - foot rear and side yard setbacksexceptwherethe existingmultiplefamily dwellinghasa rearor sidesetbackof lessthanfourfeet. However, the number of ADUs shall not exceed the number of existing units on the lot.
e. Not more than two detached ADUs on a lot with a proposed multifamily dwelling, subject to a height limit as provided in Government Code Section 66321( b)(4)( A)-( C) and four - feet rear and side yard setbacks.
5. In accordance with the standards set forth in Article 3 ( commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, JADUsshall complywith the followingrequirements, unlessstate law is amended to set forth different standards, in which case state law standards will govern:
a. A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.
b. A JADU must be containedentirely withinthe walls of the existing or proposedsingle-family dwelling. Encloseduseswithin the residence such as attachedgarages shall be consideredwithin the walls of the existingor proposedsingle-family dwelling.
c. A separateexteriorentry from the mainentranceto the single-family dwellingshall be provided to serve the JADU.
d. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. If the JADU does not includeseparate sanitationfacilities, the JADUshall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
e. A JADU shall include an efficiency kitchen, which shall consist of a cookingfacilitywith appliancesanda foodpreparationcounterand 11-
11026- 0001\ 3084047v4. doc
-37-
storage cabinets that are of reasonable size in relation to the size of the JADU.
f. No additionalparking is requiredfor a JADU.
g. One JADU is permitted per lot zoned for single-family residences witha proposedorexistingsingle-familyresidenceon thelot. h. Unless state law is amended, the JADU or the single- family residence shall be occupied by the owner of record, except where the owner is another governmental agency, land trust, or housing organization.
The propertyowner shall record and file with the City a deed restrictionplacingthe followingrestrictionson the property, the propertyowner, and all successorsin interest: (a) the JADU is not to be soldor separatelyconveyedfromthe primarydwelling; and (b) the JADU shall be restricted in size and attributes pursuant to Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code as set forth in subsection ( E)( 5) of this section.
F. Feesand UtilityConnections. ADUsand JADUsthat areprocessedundereither the planningreviewADU processset forth in subsectionD of this sectionor throughthe buildingpermitonlyADU processset forth in subsectionE of this section, shall comply with the following:
ADUs and JADUs shall have adequate water and sewer services. These servicesmay be providedfrom thewaterandsewerpointsof connection forthe primarydwellingandneednotbea separatesetof services, unless the local water and sewer service provider requires a new or separate utility connectiondirectly between the ADU and the utility if the ADU is constructedconcurrentlywith a new single-family residence.
2. The owner of an ADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as specifically provided in California Government Code Sections 66324 and 66332( e).
3. Priorto receivinga buildingpermit, theownerofanADUmustsubmitletters of serviceavailabilityforwaterandsewerdisposalto thebuildingofficial.
Section 3. EnvironmentalReview. The City Councilherebyfinds that this Ordinanceis exempt from the requirements of the California Environmental Quality Act (" CEQA") pursuanttoCEQAGuidelinesSection15282(h) whichcreatesastatutoryexemptionfor the adoption of an ordinance regarding second units in a single-family or multifamily residentialzoneby a cityto implementthe provisionsof Article2 (commencingwith Section66314) orArticle3 (commencingwithSection66333) of Chapter13of Division1 12-
11026- 0001\ 3089047v4. doe
-38-
of Title 7 of the Government Code as set forth in Section 21080. 17 of the Public Resources Code. In addition, the City Council finds that the Ordinance is exempt from further environmentalreview pursuantto CEQAGuidelinesSection 15061(b)(3) because it canbeseenwithcertaintythatthereisnopossibilitythatamendmentstotheCity's ADU and JADU regulations in accordance with State Law will have a significant effect on the environment.
Section 4. Submission of Ordinance to HCD. In compliance with Government Code Section66326, the CommunityDevelopmentDirectoris herebydirected to submita copy of this Ordinanceto the Departmentof Housingand Community Developmentwithin 60 days after adoption.
Section 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passageandadoptionofthisOrdinanceandshallcausethesameora summarythereof to be publishedand posted in the manner requiredby law.
Section 7. Publicationand Posting. Within fifteen (15) days following the passage of thisOrdinance, theCityClerkshallpublishand/orpostthisOrdinanceas requiredbystate law and City resolution.
Section 8. Effective Date. This Ordinance shall take effect thirty ( 30) days after passage.
PASSED, APPROVED, AN ADOPTED this loth day of June 2025 Penny Lilburn, Mayor
ATTEST:
Alondra Munoz, City Clerk
APPROVED AS TO FORM:
Maricela E. Marroquin , City Attorney
13-
11026- 0001\ 3089047A. doe
-39-
STAFF REPORT
TO THE CITY COUNCIL
DATE: June 10, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Tish Nava -Cruz, Director of Administrative Services/ City Treasurer SUBJECT: Resolution No. 2025-_ establishing personnel system rules, amending, and superseding all prior Resolutions.
RECOMMENDATION: That the City Council approve Resolution No 2025-_ Establishing Personnel System Rules, Amending, And Superseding All Prior Resolutions.
FISCAL IMPACT: The fiscal impact of all the adjustments below results in $ 30, 220 for Fiscal Year 2025- 2026 and $ 29,920 for fiscal year 2026- 2027. There are adequate funds in the budget to cover these costs.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations per Resolution 2011- 047 and on the City' s website.
BACKGROUND: The City currently provides $ 1,550 per month for employees and City Council members under the City of Highland Premium Only Plan. These dollars are used for the purchase of health, dental and vision insurance. For fiscal year 2025-2026, the adjustment being proposed is $50 per month per employee, an increase of 3. 2%. The new monthly allowance would therefore be $1, 600.
The adjustment equals $ 27, 900for fiscal year 2025-2026. There are sufficient funds in the budget to cover this.
For fiscal year 2026-2027, the adjustment being proposed is also $50 per month per employee. The new monthly allowance for fiscal year 2026- 2027would be $1, 650. This adjustment equals $ 27, 600 for fiscal year 2026-2027. There are sufficient funds in the budget to cover this also.
Included in this new Resolution are the following proposed changes:
Bilingual Pay ( Savings $ 16, 880)
r Auto Allowances ( Cost $ 19, 200)
Administrative Leave Allocation
Leave Buy -Back ( Vacation, Administrative, and Sick)
pproved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
A sent _
J
City C ger
-1-
r
City Hall Holiday Schedule
Enhanced Benefits ( No cost to City)
Legal Updates
ThisitemwaspresentedtotheFinance/PersonnelSubcommitteeonApril8th, 2025, Aprilloth, 2025 and April 21st, 2025. The Finance/ Personnel Subcommittee recommends that the City Council adopt the proposed resolution.
Attachments:
1. Proposed Draft Resolution No 2025- A Resolution of The City Council Of The City Of Highland, California, AmendingAnd SupersedingAll PriorResolutions, EstablishingPersonnel Rules And Regulations.
-2-
Attachment 1
Proposed Draft Resolution No 2025- A Resolution of The City Council Of The City Of Highland, California, AmendingAnd SupersedingAll PriorResolutions, EstablishingPersonnelRulesAnd Reguiations
-3-
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, AMENDING AND SUPERSEDING ALL PRIOR RESOLUTIONS,
ESTABLISHING PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 39 to adopt rules for the administration of the personnel system created in said Ordinance; and
WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management in the municipal government; and
WHEREAS, these rules set forth those p"rocedures and policies which ensure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges, and prohibitions which are placed upon all employees in the competitive service of the City; and
WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Manager, the Personnel Director, and the Appointing Authority in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City Council of the City of Highland ( the " City") does hereby adopt the Personnel Rules and Regulations for the City, attached hereto as Exhibit " A", and incorporated herein in full.
2. That these rules establish the personnel system for the City. These rules shall apply to all employees of the City except those employees or employee groups who are excluded. Those employees or employee groups excluded are the City Manager, the CityAttorney, Directorof PublicWorks/City Engineer, AssistantDirectorof PublicWorks, Director of Community Development, Assistant Director of Community Development, City Clerk, Director of Administrative Services, Assistant Director of Administrative Services, BuildingOfficial, PublicWorks Manager, PublicServicesManager, AssistantDirectorof Administrative Services, employees whose positions are funded under a state or federal employment program, peace officers, and employees designated as volunteer, temporary, per diem, provisional or seasonal. These employees or employee groups hold their positionsat the will of the City Councilor City Managerand are notobligatedby Stateor Federal Law or otherwise entitled to benefits provided by these rules.
3. These Rules are not intended to and do not create any contract of employment, express or implied, or any rights in the nature of a contract. -4-
PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.
Penny Lilburn, Mayor
Attest:
Alondra Munoz, City Clerk
-5-
Exhibit A Resolution Number 2025-
City of Highland
Personnel Rules & Regulations
Adopted June 10, 2025 Resolution No. 2025- XXX,
amending and superseding all prior resolutions.
-6-
Table of Contents
I. AUTHORITY AND PURPOSE.............................................................................................. 7 II. DEFINITIONS.................................................................................................................. 11 III. GENERAL PROVISIONS.................................................................................................. 17 A. FAIR EMPLOYMENT PRACTICES...................................................................................... 17 B. EQUAL EMPLOYMENT OPPORTUNITY............................................................................. 17 C. DISABILITY ACCOMMODATION...................................................................................... 18 D. OUTSIDE EMPLOYMENT................................................................................................. 19 E. NEPOTISM - EMPLOYMENTOF RELATIVES, SPOUSESOR DOMESTIC PARTNERS ............. 20 F. USE OF COMPUTER SYSTEMS AND OTHER TECHNOLOGY RESOURCES .......................... 22 G. USE OF TELEPHONES AND MOBILE/ CELLULAR PHONES................................................ 23 H. PERSONAL CONDUCT.................................................................................................... 25 I. EMPLOYEE DRESS CODE............................................................................................... 25 J. RECORDS: RESTRICTION FOR OFFICIAL USE AND CONFIDENTIALITY ............................. 26 K. CITY PROPERTY.............................................................................................................. 27 IV. CLASSIFICATION............................................................................................................ 27 A. PREPARATION OF CLASSIFICATION PLAN....................................................................... 27 B. ADOPTION, AMENDMENTAND REVISION OF PLAN......................................................... 27 C. ALLOCATION OF POSITIONS.......................................................................................... 28 D. NEW POSITIONS............................................................................................................ 28 E. RECLASSIFICATION........................................................................................................ 28 F. USE OF CLASS SPECIFICATIONS.................................................................................... 29 V. RECRUITMENT, SELECTION AND APPOINTMENT............................................................ 29 A. FAIR EMPLOYMENT PRACTICES...................................................................................... 29 B. ANNOUNCEMENT.......................................................................................................... 29 C. APPLICATION FORMS..................................................................................................... 29 D. ACCEPTANCE OF APPLICATIONS................................................................................... 29 E. CANCELLATION/ EXTENSIONS........................................................................................ 30 F. APPLICANT QUALIFICATIONS......................................................................................... 30 G. PROOF OF RIGHT TO WORK........................................................................................... 30 H. REFERENCE/ BACKGROUND INVESTIGATION................................................................. 30 I. DISQUALIFICATION........................................................................................................ 30 1 -7-
J. NOTICE OF DISQUALIFICATION/ REJECTION................................................................... 31 K. CRIMINAL HISTORY - INELIGIBILITY FOR EMPLOYMENT.................................................. 32 VI. EXAMINATIONS.............................................................................................................. 35 A. EXAMINATION PROCESS................................................................................................ 35 B. ANNOUNCEMENT OF EXAMINATION.............................................................................. 35 C. PROMOTIONAL EXAMINATIONS..................................................................................... 36 D. CONTINUOUS EXAMINATION......................................................................................... 36 E. CONDUCT OF EXAMINATION......................................................................................... 36 F. QUALIFYING GRADE OR RATING..................................................................................... 37 G. NOTIFICATION OF EXAMINATION RESULTS AND REVIEW OF PAPERS.............................. 37 H. INSPECTION OF TEST ANSWER SHEETS.......................................................................... 37 I. REASONABLE ACCOMMODATION.................................................................................. 37 VII. EMPLOYMENT LISTS................................................................................................... 38 A. EMPLOYMENT LISTS....................................................................................................... 38 B. DURATION OF LISTS....................................................................................................... 38 C. REMOVAL OF NAMES FROM ELIGIBLE LIST..................................................................... 38 VIII. METHOD OF FILLING VACANCIES............................................................................... 39 A. TYPES OF APPOINTMENT................................................................................................ 39 B. NOTICE TO PERSONNEL DIRECTOR................................................................................ 39 C. CERTIFICATION OF ELIGIBLES........................................................................................ 39 D. APPOINTMENT............................................................................................................... 40 E. PHYSICAL EXAMINATIONS AND DRUG TESTING.............................................................. 40 F. PROVISIONAL APPOINTMENT......................................................................................... 41 IX. PROBATIONARY PERIOD................................................................................................ 41 A. REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD..................................... 41 B. OBJECTIVE OF PROBATIONARY PERIOD......................................................................... 42 C. COMPLETION OF PROBATION........................................................................................ 42 D. REJECTION OF PROBATIONER........................................................................................ 43 E. REJECTION FOLLOWING PROMOTION............................................................................ 43 F. APPOINTMENTTO A DIFFERENT CLASSIFICATION DURING PROBATION ......................... 43 X. REGULAR EMPLOYMENT................................................................................................ 44 A. REGULAR FULL- TIME EMPLOYMENT............................................................................... 44 B. REGULAR PART- TIME EMPLOYMENT............................................................................... 44 Pi
-8-
C. TEMPORARY PART- TIME, EMERGENCY AND SEASONAL................................................. 44 XI. TEMPORARY EMPLOYMENT............................................................................................ 45 XII. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, RECLASSIFICATION AND REINSTATEMENT.................................................................................................................... 45 A. TRANSFER..................................................................................................................... 45 B. VOLUNTARY TRANSFER.................................................................................................. 46 C. INVOLUNTARY TRANSFER.............................................................................................. 46 D. PROMOTION.................................................................................................................. 46 E. DEMOTION.................................................................................................................... 46 F. SUSPENSION................................................................................................................. 47 G. REDUCTION IN PAY........................................................................................................ 47 H. DISCIPLINE OF FLSA- EXEMPT EMPLOYEES..................................................................... 47 I. RECLASSIFICATION........................................................................................................ 47 J. REINSTATEMENT............................................................................................................ 47 K. CHANGE - OF - STATUS REPORT........................................................................................ 48 XIII. COMPENSATION AND PAYROLL PRACTICES............................................................... 48 A. PHILOSOPHY OF COMPENSATION................................................................................. 48 B. COMPENSATION ON APPOINTMENT.............................................................................. 48 C. MERIT SALARY ADJUSTMENTS........................................................................................ 48 D. COMPENSATION ON PROMOTION................................................................................. 49 E. COMPENSATION ON TRANSFER..................................................................................... 49 F. COMPENSATION ON DEMOTION.................................................................................... 49 G. COMPENSATION ON POSITION RECLASSIFICATION....................................................... 49 H. EMERGENCY APPOINTMENT - OUT OF CLASS PAY.......................................................... 50 I. BILINGUAL PAY ALLOWANCE......................................................................................... 50 J. SALARY DEDUCTIONS.................................................................................................... 51 XIV. WORKWEEK, WORK SCHEDULES, OVERTIME, AND COMPENSATORY TIME................. 52 A. WORKWEEK .................................................................................................................. 52 B. WORKSCHEDULE.......................................................................................................... 52 C. PAY PERIODS................................................................................................................. 53 D. OVERTIME POLICIES - AUTHORIZATION OF OVERTIME..................................................... 53 E. CITY PAID HOLIDAYS...................................................................................................... 55 F. USE OF PERSONAL AND CITY VEHICLES FOR CITY BUSINESS......................................... 56 3 -9-
XV. EMPLOYEE BENEFITS................................................................................................. 56 A. VACATION..................................................................................................................... 56 B. HOLIDAYS...................................................................................................................... 58 C. SICK LEAVE.................................................................................................................... 59 D. FAMILY CARE AND MEDICAL LEAVE................................................................................ 63 E. PREGNANCY DISABILITY LEAVE...................................................................................... 86 F. STATE WORKERS' COMPENSATION................................................................................ 94 G. BEREAVEMENT LEAVE.................................................................................................... 95 H. RETIREMENT PLAN......................................................................................................... 95 I. ADMINISTRATIVE LEAVE................................................................................................. 97 J. ADMINISTRATIVE LEAVE BUY- BACK................................................................................ 97 K. DONATED LEAVE BANK.................................................................................................. 98 L. HEALTH/ LIFE INSURANCE PROGRAM............................................................................. 98 M. CONTINUANCE OF MEDICAL COVERAGE ( COBRA)......................................................... 99 N. DEFERRED COMPENSATION PLAN................................................................................. 99 O. EDUCATIONAL REIMBURSEMENT................................................................................... 99 P. CALL - OUT CREDIT.......................................................................................................... 99 Q. STANDBY COMPENSATION............................................................................................ 99 R. LACTATION ACCOMMODATION POLICY....................................................................... 100 S. ANNUAL CREDIT MONITORING ALLOWANCE............................................................... 100 XVI. ATTENDANCE, LEAVES, REPORTS AND RECORDS..................................................... 100 A. ATTENDANCE.............................................................................................................. 100 B. MILITARY LEAVE........................................................................................................... 101 C. LEAVE OF ABSENCE WITHOUT PAY............................................................................... 101 D. JURY DUTY/ COURT LEAVE........................................................................................... 102 E. LEAVE AND REASONABLE ACCOMMODATION FOR VICTIMS OF CRIMES ..................... 103 F. TIME OFF TO VOTE....................................................................................................... 107 G. SCHOOL LEAVE........................................................................................................... 107 H. AMERICANS WITH DISABILITIES ACT DISABILITY ACCOMMODATION............................. 107 I. SUPERVISORYDISCRETIONTO RELIEVEEMPLOYEESFROM DUTYAND FITNESSFOR DUTY 108
XVII. PERFORMANCE EVALUATIONS................................................................................. 108 A. PERFORMANCE EVALUATION PURPOSE....................................................................... 108 0 -10-
B. PERFORMANCE REPORTS PROCEDURES..................................................................... 109 XVIII. PERSONNEL RECORDS............................................................................................ 109 A. PERSONNEL FILES....................................................................................................... 109 XIX. SEPARATION FROM CITY EMPLOYMENT.................................................................... 111 A. RESIGNATION.............................................................................................................. 11 1 B. JOB ABANDONMENT.................................................................................................... 111 C. DISABILITY................................................................................................................... 112 D. DEATH......................................................................................................................... 113 E. RETIREMENT................................................................................................................ 113 F. DISCHARGE................................................................................................................. 113 G. LAYOFF OF EMPLOYEES............................................................................................... 113 XX. DISCIPLINARY ACTIONS........................................................................................... 113 A. APPLICATION............................................................................................................... 113 B. CAUSE FOR DISCIPLINARY ACTION.............................................................................. 114 C. KINDS OF DISCIPLINARY ACTION................................................................................. 117 D. NO APPEAL OF MINOR DISCIPLINE............................................................................... 118 E. MAJOR DISCIPLINE -- DISCIPLINARY PROCEDURES...................................................... 118 F. JUDICIAL REVIEW......................................................................................................... 125 XXI. LAYOFF POLICY AND PROCEDURE........................................................................... 125 A. STATEMENT OF INTENT................................................................................................ 125 B. NOTIFICATION............................................................................................................. 125 C. VACANCYAND DEMOTION.......................................................................................... 125 D. EMPLOYEE DISPLACEMENT.......................................................................................... 125 E. SENIORITY................................................................................................................... 125 F. EMPLOYMENT STATUS................................................................................................. 126 G. RE- EMPLOYMENT LIST................................................................................................. 126 H. DURATION OF RE- EMPLOYMENT LIST........................................................................... 127 XXII. SEPARATION FROM SERVICE.................................................................................... 127 A. DISCHARGE................................................................................................................. 127 B. RESIGNATION.............................................................................................................. 127 XXIII. GRIEVANCE PROCEDURE......................................................................................... 127 A. PURPOSE..................................................................................................................... 127 B. DEFINITIONS................................................................................................................ 128 6 -11-
C. GRIEVANCE PROCEDURE STEPS.................................................................................. 128 D. GENERAL PROVISIONS................................................................................................ 129 E. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE...................................................... 129 XXIV. ANTI - HARASSMENT POLICY..................................................................................... 129 A. POLICY........................................................................................................................ 129 B. COMPLAINT PROCEDURE: ........................................................................................... 130 C. EMPLOYEE TRAINING................................................................................................... 131 XXV. POLICY AGAINST WORKPLACE VIOLENCE................................................................ 131 A. STATEMENT................................................................................................................. 131 B. OBJECTIVE................................................................................................................... 132 C. ACTS OR THREATS OF VIOLENCE DEFINED................................................................... 132 D. COMPLAINT PROCEDURE............................................................................................ 133 E. EMPLOYEE TRAINING................................................................................................... 133 F. APPLICATION OF PROHIBITION.................................................................................... 133 XXVI. POLICY AGAINST ABUSIVE CONDUCT...................................................................... 133 A. POLICY........................................................................................................................ 133 B. COMPLAINT PROCEDURE............................................................................................ 135 C. APPLICATION............................................................................................................... 135 D. TRAINING..................................................................................................................... 135 XXVII. DRUG - FREE WORKPLACE POLICY........................................................................ 135 A. PURPOSE..................................................................................................................... 135 B. EMPLOYEE RESPONSIBILITIES...................................................................................... 136 C. MANAGEMENT RESPONSIBILITIES AND GUIDELINES .................................................... 137 D. REASONABLE SUSPICION TESTING.............................................................................. 137 E. SEARCHES................................................................................................................... 139 F. FOLLOW- UP; DISCIPLINE............................................................................................. 139 G. DOCUMENTATION AND CONFIDENTIALITY................................................................... 140 XXVIII. MANAGEMENT RIGHTS......................................................................................... 140 X
-12-
PERSONNEL RULES AND REGULATIONS
AUTHORITY AND PURPOSE
A. These Personnel Rules and Regulations ( the " Personnel Rules" or " Rules") are adoptedpursuantto Cityof HighlandOrdinanceNo. 39, ascodifiedin Chapter2.52of the Highland Municipal Code ( Sections 2. 52. 010 et seq.), ( hereinafter the " Personnel Ordinance") and establish specific procedures and regulations governing the personnel systemof the City. TheseCompetitive Services Rulesapply to all City employeesexcept as specifically set forth herein.
B. CityCouncilAuthority. In accordancewith the PersonnelOrdinanceand statelaw, the CityCouncilhasthe dutyandauthorityto appoint, remove, promote, demote, control, orderand givedirectionsto the City Manager, CityAttorney (includinganyAssistantCity Attorney or Deputy City Attorney), City Treasurer and such other officers and employees as designated by City ordinance or law from time to time.
C. City ManagerAuthority. Inaccordancewith the PersonnelOrdinance, or as otherwise providedin statelaw, theCityManagerhasthe dutyandauthorityto control, orderandgive directions to all department heads and to subordinate officers and employees of the City under his/her jurisdiction through their department heads, and further has the duty to appoint, remove, promote, anddemote anyand all officers andemployeesofthe city, except the City Attorneyand CityTreasurer. TheCity Managermaydelegatehis/her authorityin accordance with these Rules.
1. The City Managershall appoint the Personnel Director and the Appointing Authority, except where the City Managerservesas the Appointing Authority, or the Appointing Authority is the City Council or any individual, body, committee, subcommittee, or board appointed by the City Council, as those terms are used in these Rules. The City Council designates the PersonnelSubcommittee of the City Council as the alternate authority to perform the functions of the City Manager pursuant to these Rules, when, in the opinion of the City Manageror at the direction of the City Council, good cause exists for an alternate authority to hear appeals or make final decisions as to a particular employee or employees. The affected employee shall be notified by the City Manager in writing of the City Manager' s or the City Council's designation of the alternate authority to perform the functions of the City Managerpursuantto these Rules, and the reasonsfor the alternate designation.
The notice of designation shall be placed in the employee' s personnel file. The employee may appeal the designation to the City Council.
D. Administrative Policies and Procedures. Pursuant to the Personnel Ordinance, the City Manageror other AppointingAuthority hasthe authority to issueadministrative policies and proceduresto implementor supplementthese Rules. DepartmentHeads, with the concurrence of the Appointing Authority, may issue department rules to implement or supplement these Rules within department( s) or other work groups under their control. In III
-13-
the event that such other administrative policies, procedures, or department rules conflict or are inconsistent with these Rules, the provisions of these Rules shall control.
E. Conflict with Collective Bargaining Agreements. Whenever an applicable memorandum of understanding expressly preempts a section or identified portion of a section in these Rules, the memorandum of understandingwill prevailonce accepted bythe bargaininggroupandapprovedbythe CityCouncil. All provisionsoftheseRulesthatarenot in conflict will remain in force.
F. Severability. Shouldany provision of these Rulesbe renderedillegal, unenforceable, or invalid, in whole or in part, the remaining provisionsor parts of these Rulesremain in full force and effect.
G. EmergencySituations. In cases of emergency, the City Manager may temporarily change, suspend, or otherwise modify these Rules. Such an emergency change shall be Limitedto the timer period and subjects necessitated by the emergency. Any emergency change to be adopted permanently may be implemented on a temporary basis under this paragraphuntilsuchtimeasit maybeadoptedasaformalamendmentbythe CityCouncil.
H. Collective Bargaining. These Rules are adopted, amended, and administered in compliance with the Meyers-Milias-BrownAct, commencing at CaliforniaGovernmentCode I. § 3500 ( the " MMBA"). TheCity Council, the City Manager, the PersonnelDirector, and the AppointingAuthorityshall endeavorto interpretand applythese Rulesin a manner consistent with the MMBAand maydelay or decline to take anyaction that would violate the MMBA. Nothing in these Rulesis intended to establish anynew labor relations requirement or to change or expand any labor relations requirement beyond that required by state or federal law. At -Will Employment Status: All department heads and other management employees, and all City officers are employed in an at -will status and serveat the pleasure of the AppointingAuthority, and do not haveany property interest in his/heremployment or officewith the City. Thismeansthat eitherthe employee (orofficer) orthe Citymayendthe employment relationship orappointment at anytime, with or without cause, with orwithout prior notice, andwithout anyright of review, appeal, or grievance.
1. At -Will Positions. As provided in the Personnel Ordinance, the following positionsareat -will positions, andall personsretainedor employedin anyof these positionsareat -will employeeswhoserveatthepleasureoftheAppointingAuthority:
a. TheCity Manager (subject to the terms of employment contract, if any) and any assistants to the City Manager;
b. All directors, department heads and managers;
C. All persons not regularly employed in permanent positions in the competitive service, as defined in the Personnel Ordinance and these Rules, including but not limited to, all probationary employees; -14-
d. All personsemployed in positions designatedas seasonal, emergency, or temporary/ part- time;
e. All personsemployedundera contractto supplyexpert, professional, technical or any other services;
f. Emergencyemployeeshiredto meetthe immediate requirementsof an emergencycondition, such as extraordinaryfire, flood, or earthquakewhich threatens life or property;
g. Anyemployeeemployed in a position primarily funded undera state or federal program; and
h. Anyother position not otherwise designatedas a regularposition inthe City's competitive service, as defined in the Personnel Ordinance or these Rules.
i. In the event that there is any conflict between these Personnel Rules and the Personnel Ordinance with regard to designation of at -will status, the provisionsof the PersonnelOrdinance shall control.
2. No Right of Appeal, Pre -Discipline or Grievance. At -will employees may be terminated from the City at any time with or without cause and shall not haveany rights to any pre- or post -disciplinary due process or evidentiary appeal, review, or grievanceundertheseRules, includingbutnotlimitedto RuleXX (DisciplinaryAction) and Rule XXIII ( Grievance Procedure). The imposition of discipline, the issuance of a performance evaluation or rating, or the implementation of any employment action againstor with regardto any at -will employee (including but expresslynot limited to, the grantingof a promotion or demotion to another at -will position, the assignment or grantingof any compensation rate, a reduction in pay, or any merit advancement, and/orthe imposition or completion of any probationary period or review period) shall not modify or remove the at -will status of any such employee.
3. Except as otherwise expressly provided in these Rules, or by separate resolution of the City Council, these Rules shall not apply to at -will employees.
J. Independent contractors and volunteers are not employees of the City and are not included in the competitive service.
K. At -will employees are not included in the competitive service. Notwithstanding their exclusionfrom the competitive service, the following Rulesshall apply to at -will employees as indicated:
1. Rule I ( Authority and Purpose), Rule II Definitions), and Rule III ( General Provisions- Sections ( A) through ( K), inclusive) shall apply to the City Manager, management employees and all other at -will employees.
2. Rule IV ( Classification) shall apply to probationary employees. 01 -15-
3. Rule V ( Recruitment, Selection and Appointment, Sections ( A) through ( K), inclusive), shall apply to probationary employees. These provisions shall apply to other categories of at -will employees when deemed appropriate by the City Council or City Manager.
4. Rule VI ( Examinations) shall apply to probationary employees. These provisions shall apply to other categories of at -will employees when deemed appropriate by the City Council or City Manager.
5. Rule VIII ( Method of Filling Vacancies) shall apply to probationary employees.
Theseprovisions shall apply to other categoriesof at -will employeeswhen deemed appropriate by the City Council or City Manager.
6. Rule XI ( Temporary Employment) shall apply to management employees, temporary/ part- time employees, seasonal employees, other temporary employees, and emergency employees, when deemed appropriate by the City Council or City Manager.
7. Rule XIII ( Compensation and Payroll Practices -- Sections ( A) through ( K), inclusive) shall apply to probationary employees, temporary/ part- time employees, seasonal employees, other temporary employees, emergency employees, the City Manager and other management employees in accordance with the terms. conditions and eligibility requirements as set forth in each provision.
8. Rule XIV ( Work Week, Work Schedules, Overtime and Compensatory Time) shall apply to at -will employees, subject to the terms, conditions and eligibility requirements as set forth in each provision.
9. Rule XV ( Employee Benefits) ( including but expressly not limited to, sick leave, family care and medical leave, pregnancy disability leave, and state workers' compensation) shall apply to at -will employees, to the extent such employees meet the terms, conditions, and eligibility requirements for an employee benefit.
10. Rule XVI ( Attendance, Leaves, Reports and Records) ( including but expressly not limited to, attendance, military leave, leave of absence without pay, jury duty/court leave, school leave, leave and reasonable accommodation for victims, ADAdisability accommodation, andfitness for duty) shall applyto at -will employees, subject to the terms, conditions and eligibility requirements for such leave or other provisions.
11. Rule XVIII ( Personnel Records) shall apply to at -will employees.
12. Rule XIX (Separation from City Employment) shall apply to at -will employees as specified according to the terms, provisions, and conditions therein.
13. Rule XXI ( Layoff Policy and Procedure -- Sections ( A) through ( H), inclusive), shall apply to at -will employees, as specified according to the terms, provisionsand conditions therein.
-16-
14. Rule XXII ( Separation from Service) shall apply to at -will employees, as specified according to the terms, provisions and conditions therein.
15. Rule XXIV: Anti - Harassment Policy -- Sections ( A) through ( C) inclusive, shall apply to all at -will employees.
16. Rule XXV: Policy Against Workplace Violence -- Sections ( A) through ( F), inclusive, shall apply to all at -will employees.
17. Rule XXVI: Policy Against Abusive Conduct -- Sections ( A) through ( D), inclusive, shall apply to all at -will employees.
18. Rule XXVII: Drug -Free Workplace Policy -- Sections ( A) through ( E), and ( F), shall apply to all at -will employees.
19. Rule XXVIII: Management Rights, shall apply to all at -will employees.
L. Prior Rules Superseded. In the event that the terms and provisions of these Rules are inconsistent or in conflict with the terms and provisions of any prior City personnel policy and procedures, resolutions or rules and regulationsgoverningthe same subject, the terms of these Personnel Rules and Regulations shall prevail and such inconsistent or conflicting provisionsorpersonnelresolutionsorrulesandregulationsareherebyrepealed.
M. Precedence of Personnel Ordinance. In the event of any conflict or inconsistency betweenany provisionof these PersonnelRulesand the terms and provisionsof the PersonnelOrdinance, the provisionsof the PersonnelOrdinanceshall prevail.
N. RulesNot a Contract. City employment isgovernedbythe PersonnelOrdinance, and federal and state law. These Rules are not intended to and do not create any contract of employment, express or implied, or any rights in the nature of a contract. The City has the rightto modify, amendor deleteanyprovisionoftheseRulesat anytime, in the City's sole discretion.
O. No Vested Rights; Amendments. No provision, term or condition of these Personnel Rules provideanyemployeewith anyvested rightof anykind. TheCity Council reservesthe rightto modify, amend and/or delete provisions of these PersonnelRulesat anytime.
II. DEFINITIONS
The terms used in these Rules shall have the following meanings:
ADVANCEMENT": A salaryincreasewithin the limits of a payrangeestablished for a class.
ALLOCATION": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.
APPOINTING AUTHORITY": TheCity Manageror such other officers of the city who, in their individual capacities, or as a board, commission, or city council, have the final authority to make the appointment to the position to be filled.
11 -17-
1. City Council. TheCity Council servesas the appointing authority for the positions of City Manager, City Attorney (including any Assistant City Attorney or DeputyCity Attorney), CityTreasurer, and any other positionfor which appointmentpoweris vestedin the City Council pursuant to City ordinance or state or federal law.
2. City Manager. Except as otherwise provided in the PersonnelOrdinance or these Rules, the City Manager serves as the appointing authority for all heads of divisions, all departments other management positions (including but expresslynot limited to, Director of Public Works/City Engineer, Director of Community Development, City Clerk, Director of Administrative Services, Finance Officer, Building Official, Public Works Manager, Public Services Manager, Assistant Director of Administrative Services and such additional management positions as may be created from time to time by resolution of the City Council), and all subordinate officers and employees of the City under his/ her jurisdiction through their Department Heads. Appointment to full- time regular, part- time regular and temporarypositionsshall be madebythe City Managerwith the recommendationof the Department Directors as appropriate.
AT -WILL EMPLOYEE" or " AT -WILL STATUS": An employee who serves at the pleasure of the Appointing Authority, who may be rejected or terminated at any time by the Appointing Authority with or without cause, and who has no right to any pre- or post -disciplinary due process or right to an evidentiary appeal, review, or grievanceunder these Rules, including but not limited to Rule XX (Disciplinary Action) and Rule XXIII (Grievance Procedure). In accordance with the Personnel Ordinance, " at - will employee" includes all directors, managers, and other management employees, including but expressly not limited to, all personsholding anyposition listed in Rule1. 1.1 of these Rules.
CITY OFFICIAL": Elected officials, City Manager, City Attorney, Finance Officer, and/ or other CityCouncil -appointedofficialsinthedivisionordepartmentinwhichtheappointedofficial serves.
CLASS" or " CLASSIFICATION": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.
COMPENSATION" OR " PAY": Rates of pay which have been established for the respective classes of work set forth in the compensation plan or other schedule approved by the City Council.
COMPETITIVE SERVICE": All positions of employment in the service of the City except those excluded bythe Personnel Ordinance and listed below (Excluded Positions). The competitive service is sometimes referred to as the classified service.
DAYS": Calendar days unless otherwise specified. When any action to be taken or deadline falls on aSaturday, Sundayor anyother daythe City's offices arenot opento transact normal business, such action may be taken on and the deadline will be extended to the next weekdayduringwhich the City's offices are opento transact normal business. 12 -18-
DEMOTION": The voluntary or involuntary reduction of an employee who has completed probationfrom a positionin oneclassificationto a positionin anotherclassificationhaving a lower maximum base rate of pay.
DEPARTMENT": An organizational unit in a Division of the City, which is underthe immediate charge of a manager or other Department Head who reports directly to a Director or the City Manager.
DEPARTMENT HEAD": An exempt management employee appointed bythe City Managerto oversee, supervise, and manage a Department within a Division, and who reports directly to a Director or the City Manager; and includes the City Clerk, Building Official, PublicWorks Manager, Public Services Manager, Assistant Director of Administrative Services and such other management positions that may be created from time to time.
DIRECTOR": A management employee who is appointed by the City Manager to oversee, supervise, and manage a Division and any departments in that Division; and which include the Director of Administrative Services; Director of Public Works/ City Engineer; Director of CommunityDevelopment; andsuchotherdirectorpositionsthat maybecreatedfromtime to time.
DISCHARGE" or " DISMISSAL": The involuntary termination of an employee by the City.
DISCIPLINARY ACTION": Oral or written reprimand, discharge, demotion, reduction in pay, or suspension of a regular employee for punitive reasons and not for any non -punitive reasons.
DOMESTIC PARTNERSHIP": A relationship as defined under California Family Code Section 297, as amended from time to time.
ELIGIBLE": An individual satisfactorily completing the examination process for a classification and on an employment list, available for an appointment to a position in the competitive service.
EMPLOYEE": An individual compensated through the City payroll and legally employed in a positionwithin a classificationin the competitiveservice. Thistermexcludesindependent and outside contractors and volunteers, and members of appointive boards, commissions, and committees and other governmental agencies.
EMPLOYMENT LIST":
1. Open Employment List: A list of names of persons who have taken an open - competitive examination for a class in the competitive service and have qualified.
2. Promotional Employment List: A list of names of persons who have taken a promotionalexaminationfora classinthecompetitiveserviceandhavequalified.
EXAMINATION":
1. Open - competitive Examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. 13 -19-
2. Promotional Examination: An examination for a particular class which is open only to employees meeting the qualifications for the class.
3. Continuous Examination: An open examination which is administered periodically and as a result of which namesareplaced on anemployment list, in order of final scores, for a period of not more than one ( 1) year.
EXCLUDED POSITION": Pursuant to the Personnel Ordinance, the positions and the personsservingin those positionsthat areat -will and excludedfrom the competitive service, including but not limited to the following:
1. Elective Officers;
2. The City Manager and assistants to the City Manager;
3. Members of appointive boards, commissions, committees, and agencies;
4. Directors, department heads and other managers;
5. Personsperformingtechnical, expert, consulting, professionaland/or other services under contract for such services;
6. Volunteer personnel, such as disaster and other workers performing voluntary services;
7. Emergency employees, part- time/ temporary employees and seasonal employees;
8. All Council - appointed City officers;
9. Any other position not otherwisedesignatedas a regularposition in the City's competitive service, as defined in the Personnel Ordinance or these Rules;
10. Anypositionprimarilyfundedunderastateorfederalemploymentprogram; and
11. Persons appointed to excluded positions created in the future.
FLSA- EXEMPT EMPLOYEES": An employee whose duties and salary exempt him/ her from the overtime pay provisions of the federal Fair Labor Standards Act (" FLSA"). Such employeesare generallyemployeesin executive, administrative, or professional positions.
JOB DESCRIPTION": A written description consisting of a title, a general statement of the level of work and the distinguishingfeatures of work, examples of duties and the desirable qualifications.
LAYOFF": The involuntary non -disciplinary separation of employees from the active workforce due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes.
LEAVE OF ABSENCE": An approved type of absence from work as provided for by these Rules.
14 -20-
MANAGEMENT EMPLOYEE": An employee holding a position designated as a management position, such as directorsand managers, and includingbut not limited to, the following positions: theCityManager, BuildingOfficial, CityClerk, DirectorofAdministrativeServices, Director of Community Development, Director of Public Works/ City Engineer, Finance Officer, Assistant Community Development Director, Assistant PublicWorksDirector, Public Services Manager, Public Works Manager, Assistant Director of Administrative Services and suchotherpositionsasmaybecreatedbytheCityCouncilfromtimetotime anddesignated as management positions.
NON- EXEMPT EMPLOYEES": Employees who are entitled to overtime pay and/ or compensatory time off in accordance with the FLSA.
PERSONNEL DIRECTOR": The employee appointed by the City Manager to carry out the designated duties of the Personnel Director or Personnel Officer set forth herein in the Personnel Ordinance and/ or these Rules.
PERSONNEL ORDINANCE'': Ordinance No. 39, which created a personnel system for the City, ascodifiedinChapter2.52ofthe HighlandMunicipalCode (Sections2.52.010 etseq.), and as amended from time to time.
POSITION": A combination of duties and responsibilities in the competitive service requiring the full- time or part- time employment of one person.
PROBATIONER" or " PROBATIONARY EMPLOYEE": An employee in a position in the competitive service who serves a probationary period at either the outset of initial employment or at the outset of a promotion to a higher classification, as follows.
1. Initial -hire probationary employee: An employee in the competitive service who ( a) hasnot previouslybeenemployedbythe City, or (b) haspreviouslybeenemployedbythe Citybutwhoisre-employedaftera breakinservice. Aninitial -hireprobationaryemployeeis an at -will employee who serves at the pleasure of the Appointing Authority, has no property right in continued employment, and may be rejected at any time during the probationary periodwith orwithoutcause, andhasnorightto anypre- or post -disciplinarydueprocess, evidentiary appeal, review, or grievancepursuant to these Rules.
2. Promotional probationary employee: An employee in the competitive service who has beenpromotedto a higherjob classificationrequiringdifferentskills. A promotional probationaryemployeeservesin anat -will statusin his/herpromotionalpositionand may be rejected from that promotional position at anytime duringthe promotional probationary periodwith orwithoutcauseandhasno rightto anypre- or post -disciplinarydue process, evidentiaryappeal, review, orgrievancepursuanttotheseRuleswith respectto disciplinary action or rejection from his/her promotional probationary position. Any other disciplinary action of such employee shall be subject to Rule XX (Disciplinary Action).
PROBATIONARY PERIOD": A working test period of time that is an integral part of the examination, recruiting, testingandselectionprocessduringwhichanemployeeisrequired to demonstrate fitness for the position to which the employee is appointed, including an 15 -21-
initial hire probationaryemployeeor a promotionalprobationaryemployee, and during which the employee serves in an at -will status and may be terminated at any time without prior notice or cause or right of appeal or grievance.
PROMOTION": The movement of an employee from one class to another class having a higher maximum base rate of pay.
PROVISIONAL APPOINTMENT": The appointment of a person who possesses the minimum qualificationsestablishedforaparticularclassandwhohasbeenappointedtoapositionin that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six ( 6) months.
REDUCTION IN PAY" or " REDUCTION IN SALARY": A compensation decrease within the Limits of the pay range established for a class.
REGULAR EMPLOYEE": An employee in the competitive service who has successfully completed the designated probationary period and is employed full-time or part-time in a regularpositionashereafterprovidedinthe PersonnelOrdinanceandtheseRules.
REINSTATEMENT": The restoration without examination of a former regular employee or probationaryemployeeto aclassificationinwhichtheemployeeformerlyservedasaregular employee.
REJECTION": The termination or separation of a probationary employee from City employment or the assignment of a promotional probationary employee to his/her former classification in the competitive service during the probationary period. Rejection during probationisnotadisciplinaryaction, maybeundertakenwithorwithoutcause, andisnot subject to pre- or post -disciplinary due process or right to an evidentiary appeal, review, or grievanceundertheseRules, includingbut notlimitedto RuleXX (DisciplinaryAction) and Rule XXIII ( Grievance Procedure).
RELIEF OF DUTY": The temporary assignment for non -disciplinary reasons of an employee to a status of leave with pay.
SEASONAL EMPLOYEE": A temporary/ part- time employee appointed in the same manner and subject to the same procedure as a regularemployeeexceptthat a seasonalemployee is an at -will employeewho will be laid off prior to or at the close of the season for which he/she has been appointed, or who may otherwise terminated at any time with or without cause and have no right to any pre- or post -disciplinary due process or right to an evidentiary appeal, review or grievance under these Rules, including but not limited to Rule XX Disciplinary Action) and Rule XXIII ( Grievance Procedure), and are not eligible for any benefits or leave.
SENIORITY": Except as otherwise provided in these Rules, the status acquired by an employee based on his/ her total cumulative time served in the City service upon the effective date of a layoff. Seniority includes all periods of attendance at work, approved leavesof absence, time spent on military leave and any other period required by law to be included in seniority. Senioritydoesnot include unauthorizedabsences, time spent between 16 -22-
employment with the City, suspensions, layoffs, or any time when the employee was not actively engaged at work.
SEPARATION" Thevoluntary or involuntary separation or termination of an employeefrom City servicebecauseof death, discharge, rejectionwhilea probationaryemployee, layoff, job abandonment, resignation, or retirement.
SUSPENSION": Theinvoluntary temporary separationfrom service of an employeewithout pay for disciplinary reasons.
TEMPORARY/ PART-TIME EMPLOYEE": An employee employed to fill a position on a temporary, irregular, seasonalor contingentbasis, and who worksless than twenty (20) hours perweek, or lessthan one thousand (1,000) hours per year, and who mayor may not havea regularschedule. Temporary/part-time employeesdo not qualify for benefits or leave exceptas requiredbystate orfederal law. Temporary/part-time employeesarenot part of the competitive service and are at -will employees who may be terminated at any time by the AppointingAuthoritywithorwithoutcauseandhavenorightto pre- orpost -disciplinarydue processor rightto anevidentiaryappeal, review, or grievanceundertheseRules, including but not limited to RuleXX (DisciplinaryAction) and RuleXXIII (GrievanceProcedure). All part- time employees are temporary/ part- time employees except regular part- time employees.
TRANSFER": The movement of an employee from one position to another position in the same class or from one class to another class that has the same maximum rate of base pay.
VACANCY": An authorized and budgeted position that is not occupied by an employee having either a probationary or regular appointment to the position.
WORKING DAYS": Anyday included in an employee's assignedwork schedule as approved by the Director, the days of the week and hours may vary per employee.
GENERAL PROVISIONS
A. FAIR EMPLOYMENT PRACTICES
Any techniqueor procedureused in recruitmentand selectionof employeesshall be designed to measure only the job -related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Personnel Director, or as required bystate orfederal law, is not justifiably linkedto successful job performance.
B. EQUAL EMPLOYMENT OPPORTUNITY
The City providesequal employment opportunities for all qualified employeesand applicants for employment as to all terms of employment, including hiring, compensation, training, promotion, transfer, discipline, dischargeand/orotherseparation. TheCitydoesnot discriminate, and prohibits discrimination, onthe basisof race, color, religion, sex (including pregnancy, childbirth, or related medical conditions) or gender, sexual orientation, gender identityor genderexpression, age, nationalor ethnicorigin, citizenship, ancestry, physical disability, mental disability, medical condition, family care status, veteran or military status, 17 -23-
marital status, or any other basis protected by federal, state, or local law or ordinance or regulation ( referred to as " protected status"). The City also makes reasonable accommodations that do not impose undue hardship on the conduct of City businessfor protected applicants and employeeswho seek such accommodationsbecauseof a qualifiedphysicalor mentaldisability. Harassmentor retaliationbasedon anyprotected statusis alsoprohibited. All aspectsof employmentwill begovernedonthe basisof merit, competence, and qualifications.
Employees, applicants and volunteers with questions or concerns about any type of discrimination, harassment or retaliation in the workplace are encouraged to bring these issues to the attention of their immediate supervisor, the Personnel Director, a human resources officer, or any other supervisor, manager, or Director with whom the employee feels comfortable. Employees, applicants, and volunteers can raise concerns and make reports without fear of reprisal. Complaints may be made and will be handled using the procedures outlined in the Anti -Harassment Policy (Rule XXIV), or by contacting the U.S.
Equal Employment Opportunity Commission or the California Civil Rights Department.
Anyone found to be engaging in any type of unlawful discrimination, harassment or retaliation is subject to disciplinary action, up to and including discharge from employment.
C. DISABILITY ACCOMMODATION
TheCityiscommittedto complyingfullywiththeAmericanswithDisabilitiesAct ("ADA") and the California Fair Employment and Housing Act (" FEHA"), and to ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non- discriminatory basis. Hiring procedures are designed to providepersons with disabilities meaningful employment opportunities.
Pre - employment
inquiries are made only regardingan applicant's ability to perform the essentialfunctions of the position.
TheCitywill attemptto providereasonableaccommodationsfor qualifiedindividualswith knowndisabilities unless doing so would be anundue hardshipto the City or the employee orapplicantposesadirectthreatto himselforherselforothers. All employmentdecisions are based on the specific facts of the situation in accordance with defined criteria, not the disability of the individual.
Qualifiedindividualswith disabilitiesare entitledto equal pay and otherforms of compensation ( or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists.
Leaveof all types will be available to all eligible employees on an equal basis.
The City is also committed to not discriminatingagainstany qualified employeesor applicants becausethey arerelatedto or associatedwith a personwith a disability. TheCity will follow the FEHAor anyother state or local lawthat providesindividuals with disabilities greater protection than ADA.
-24-
This policy is neither exhaustive nor exclusive. The City is committed to taking all other actions necessaryto ensure equal employment opportunity for personswith disabilities in accordance with the ADA, FEHA and all other applicable federal, state, and local laws.
D. OUTSIDE EMPLOYMENT
1. Employees may be allowed to work in off -duty jobs only if such secondary employment meets these requirements:
a. The outside employment does not conflict with the interest of the City, or carry over into the employees' regular duties; and
b. The outside employment does not adversely affect the employee' s ability to perform City duties.
2. " Outside employment" shall include work pursued in a self- employed capacity.
3. Before accepting outside employment, the employee must first advise the City Managerin writing of his/her intent and receivewritten permission from the City Manager.
The written request shall include: the work hours and/ or time required; job title or the nature of the activity; the work location; and the supervisor, managerand name of the employer or activity. The employee must promptly report in writing to the City Managerany changesto the aforementioned information. Any outside employment authorization is valid for only up to one year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, he/ she must make another request following the process herein.
4. Employeesare prohibited from engagingin outside employment while on anytype of leave where such employment is or may be inconsistent with the leave or the terms of the leave approval.
5. Employeesare prohibited from engagingin outside employment which involvesthe use of City time, facilities, equipment, vehicles, supplies, City offices or buildings or other City personal or real property, or any other City resources.
6. Employees are prohibited from engaging in outside employment during their working hours for the City.
7. Employeesareprohibited from engagingin outside employmentwhich involveshours of work or the exertion of effort which would or could be reasonably expected to reduce the quality or quantity of the employee' s services to the City.
8. Employeesare prohibited from engagingin outside employment where a conflict of interest or the appearance of a conflict arises. Examples of this could include, but are not Limited to, outside employment that:
a. Is either directly or indirectly connected with the employee' s official duties, including but not limited to: doing businesswith persons contacted in the course of his/ her official duties, engaging in activities where the employee or his/ her associate 19 -25-
maybe benefitted bythis official position, or doingbusinesswhich mayinfluence the employee or other employees in the performance of their official duties. b. Involvesadvisoryor consulting serviceswhich could be reasonablyexpected to conflict with the City' s interests.
C. Involvesfinancial interest in anycontract, sale, ortransaction towhich the City is a party, or which significantly impacts the City.
d. Involves the employees' performance of an act in other than his/ her capacity as a Cityemployeewhich maylater besubjectdirectlyor indirectlyto the control, inspection, review, approval, audit, or enforcement of the City or any of its employees.
e. Involves use of the City' s prestige or influence, a City badge or uniform, or an employee' s title as a City employee.
f. Involves the employee' s receipt or acceptance of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course or hours of his/herCity employment or as part of his/her duties as a City employee. g. Involves the use of disclosure of confidential information produced, obtained, or learned in the course of his/ her employment with the City.
9. If the Personnel Director determines that an employee' s outside employment creates a conflict of interest or potential conflict of interest with his/her City employment or interferes in any other way with his/her ability to meet City requirements, the Personnel Directorwill providewrittennotificationto theemployeethat he/shewill bedismissedfrom employment with the City unless the employee terminates the outside employment. The notice and appeal provisions of Rule XX (Disciplinary Action) shall apply to employees subject to this Rule, as appropriate, regarding this determination.
10. The acceptance or performance of outside employment in violation of any of the requirements set forth in this Section D is cause for discipline up to and including discharge from employment.
E. NEPOTISM - EMPLOYMENT OF RELATIVES, SPOUSES OR
DOMESTIC PARTNERS
1. Policy. TheCity regulatesthe employmentand placementof relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale. The provisionsof this Section shall governthe employment of the immediate family of any official or employee of the City.
2. Definitions. For purposes of this Section, the following terms have the following meanings.
20 -26-
a. " Relative" means child, stepchild, parent, grandparent, grandchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in- laws of those enumerated by marriage or domestic partnership. b. " Spouse" means one of two persons to a marriage, or two people who are registered domestic partners.
C. " Supervisorial relationship" means a relationship in which one person exercises the right to control, direct, reward or punish another person by virtue of the duties and responsibilities assigned to his/ her position.
3. Employment of Relatives of City Officials. Relatives of City officials shall not become employed by the City during the official' s term. For this provision, " City officials" means the City Manager, electedofficials, or Council -appointedofficials in the area/departmentin which the appointed official is serving.
4. Employment of Relatives of City Employees. The City will not appoint, promote, or transfera personto a positionin the samedepartment, division, or facility in whichsuch person's relativealreadyholdsa position, if suchemploymentwould resultin anyof the following:
a. A direct or indirect supervisor - subordinate relationship; b. The two employees havingjob duties which require performance of shared duties on the same or related work assignment;
C. Both employees having the same immediate supervisor; or d. A potential for creating an adverse impact on supervision, safety, security, morale, or efficiency.
5. Employment of Spouses/ Domestic Partners. The City will not appoint, promote, or transfer a person to a position in the same department, division, or facility in which the person's spouseor domesticpartneralreadyholdsa position, if suchemploymentwould result in any of the following:
a. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
b. Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships.
6. Marriage or Domestic Partnership After Employment.
a. Transfer. If a City employee marries another person employed by the City within the same department, division, or facility, both employees shall be allowed to retain their respective positions provided that a direct or indirect supervisorial relationship does not exist at the time of marriagebetweenthe two positions. During the period of employment, no direct or indirect supervisoryposition shall exist 21 -27-
between the two employees. The City Manager has discretion to transfer one of the employeesto a similar position in another department, division, or facility. Although the wishes of the two employees will be considered, the City Manager retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, security, or morale. Any such transfer that results in a reduction in pay is not disciplinary and is not subject to any grievanceor appeal, or pre- or post -disciplinary due process, appeal hearing, review, or grievance. b. Separation. If continuing employment of both employees, who work in the same department, division, or facility, and who later become spouses or domestic partners, cannot be accommodated in a manner the City Manager finds to be consistent with the City' s interest in the promotion of supervision, safety, security, or morale, then the City Managerretains sole discretion to separateoneemployeefrom City employment. Absent the resignationof one employee, the lesssenior employee will be separated. Anysuch separationis not consideredto be disciplinary and is not subject to any grievanceor appeal, or pre- or post -disciplinary appeal due process, review, hearing, or grievance.
7. Waiver of Restrictions. The City Manager may waive the restriction set forth in paragraphs3, 4, 5 and/or 6, above, if the affectedDepartmentHeadand the Appointing Authority determine that, because of the nature of the department, division or facility and the work assignments in question, the members of the immediate family would have minimal job -related contact with one another, and neither would be placed in such a position as to supervise or evaluate the other.
F. USE OF COMPUTER SYSTEMS AND OTHER TECHNOLOGY
RESOURCES
1. Policy. The City's computer systems and other technology resources shall be used onlyfor City businessandofficial purposesandshall begovernedbytheseRulesandthe Cityof HighlandPolicyonTechnologyUseand Securitycontainedin AppendixA to these Rules, as amended from time to time. The City' s Technology Resources shall not be used for personal useor use relatedto anyemployee's outside employment. Violation of this Ruleor the Policy (Appendix A) may result in the removal of or restriction on the employee' s access to or use of Technology Resources at any time without prior notice. Employees who violate this Ruleand/or the Policy (AppendixA) maybesubject to disciplinary and/or legal action up to andincludingdischargefromemploymentand/orcriminalorcivil penaltiesor otherlegal action.
2. Definitions. As used in these Rules, " Technology Resources" includes all of the following: all electronic media and storage devices, software, and means of electronic communication including any of the following: personal computers and workstations; Laptopcomputers; iPads; miniandmainframecomputers; computerhardwaresuchasdisk drives, tape drives, external hard drives and flash/ thumb drives; peripheral equipment such as printers, modems, fax machines, and copiers; computersoftwareapplicationsand 22 -28-
associated files and data, including software that grants accessto external services, such as the Internet, applications, or cloud storage accounts; City servers and Wi- Fi connection; electronic mail; mobile phones; tablets; personal organizersand other handheld devices; pagers; voicemailsystems; andinstantmessagingsystems. Technologyresourcesis also intendedto broadlyincludenewor emergingdevices, technology, softwareandmeansof communications that may be developed or implemented in the future.
3. No Expectationof Privacy. Employeeshaveno expectationof privacywhen usingthe City'sTechnologyResources, andtheCityhastherightto inspectall recordsrelatedto such TechnologyResources. TheCitymaymonitor, inspect, review, makecopiesof, andremove an employee' s e- mail communications, internet usage, applications, files, and other Technological Resourcesas deemed appropriate at any time in the City's discretion, and without prior notice, to assurethat the employee's use of City technology resourcesrelates solelyto officialbusiness, andthatthe communicationsandcontentcontainedthereinare in compliance with this Rule and the Technology Use Policy ( Appendix A).
4. Public Records. Users should also be aware that all records related to the conduct of the public's businessaresubjectto disclosureunderthe PublicRecordsAct and/or other applicable provisions of state or federal law exceptto the extentexemptthereby.
5. Discipline. Misuse of the City' s technology resources may subject the employee to discipline up to and including discharge from employment.
6. Supplemental Rules and Policies. The City Manager may adopt additional rules and policies to implement or supplement this Ruleand AppendixA.
G. USE OF TELEPHONES AND MOBILE/ CELLULAR PHONES
1. City Telephones and Mobile/ Cellular Phones.
a. Useof City telephones and City -issued mobile/cellular phones shall comply with the requirements of this Section in addition to the City' s Policy on Technology Use and Security contained in Appendix A to these Rules. Except as otherwise providedin this Sectionand said Policy, use of City telephonesand City -issued mobile/cellular phones shall be limited to City -related business and official purposes.
b. TheCity recognizesthat on occasion use of City telephones and City -issued mobile/cellular phones for personal calls is necessary. Employees may use City telephones or mobile/ cellular phones for personal calls when necessary, understanding that such use is a privilege and should not be abused. Personal outgoing as well as incoming calls should be kept to a minimum. Employees are expectedto makepersonalcalls on non -work time when possible and to ensurethat friends andfamily membersare awareof the City's policies and rules.
C. Personaltoll calls maynot be chargedto the City. Anypersonaltoll calls areto be placedon the employee's personalcallingcard. Anyunauthorizedpersonaltoll calls madeby an employeeare to be reimbursedto the City. Any unauthorized 23 -29-
personaltollcallsmadebyanemployeeandnotreportedtotheCityandreimbursed may result in discipline, up to and including termination. d. AsprovidedintheCity's PolicyonTechnologyUseandSecurity (AppendixA), employees should understand that they have no expectation of privacy when using a City -issuedtelephone, or cellular or mobile phone, andthe City hasthe rightto review all records relatedto telephones, mobile phonesand cellular phones, including but not limitedto, phonelogs, text messageandinternetusagelogs. Usersshouldalso be aware that alltelephone and mobile/ cellular phone records related to the conduct ofthepublic'sbusinessaresubjecttodisclosureunderthePublicRecordsActand/or other applicable provisions of state or federal law except to the extent exempt thereby.
2. Personal Mobile/ Cellular Phones.
a. During paid work time, employees are expected to exercise the same discretionin usingpersonalmobile/cellularphonesor otherwirelessdevicesas is required for use of any City telephone or technology resource. Personal mobile/cellularphonesorothercellular/wirelessdevices, includingbutnotlimitedto tablets, shall not be used at anywork site wherethe operation of the phone or device may interfere with the City's services, programs, activities, or other equipment, or where such phone or device may be a distraction to the public or other employees. b. Employees are expected to make personal calls on non -work time when possibleandto ensurethat friendsandfamilymembersareawareof the City's policies and rules.
C. Employeesaccessing, using, ortransmitting data relatedto the conduct of the public's businesson their personaldevicesat any time have no expectationof privacy. Work -relatedcommunicationshouldnotbeconductedonpersonaldevices.
Anywork- relatedcommunicationoranyothermattersrelatingto the conductofthe public's businesswhichareconductedonpersonaldevicesaresubjectto disclosure under the Public RecordsAct and other applicable provisionsof federal or state law except to the extent exempt thereby.
d. In orderto ensurea productive workdayandto ensure compliance with these Rules, the following use of personal cellular/ mobile phonesandwireless devices are prohibited during working hours:
1) Accessing the internet for personal business, personal activities or hobbies, outside business or other non -work related purposes; 2) Playing games;
3) Watchingmovies, television, sports, and similar activities; and 4) Engaging in any activity that violates any City policy or 24 -30-
federal and state law, including but expresslynot limited to, accessingand/or distributing pornographic or harassingmaterial, photos, images, or videos.
H. PERSONAL CONDUCT
1. In order to safeguardthe best interests of employees, the City, and the public, all employees are expected to comply with standards of conduct on the job at least equivalent to those all citizens must meet in personal life outside of work.
2. In performing their work, employees come into contact with the public, where the qualityofCityserviceisjudgedbytheappearanceandbehaviorof itsemployeesandwhere goodmannersandserviceareexpected. Afriendlyattitudeisimportanteveninthefaceof discourtesy or hostility and will perpetuate and improve the good relationship that exists betweenthe Cityandits customers. If anyemployeefeels heor she is beingharassedor threatened by a member of the public and is therefore unable to remain courteous, or otherwise feels that he or she is in danger, the employee should remove himself or herself immediatelyfrom the interactionand informa supervisor, DepartmentHead, Personnel Director, or human resources manager.
EMPLOYEE DRESS CODE
Employeesof the City are required to dress appropriatelyfor the jobs they are performing.
Therefore, the dress regulations contained in this Section shall be followed.
1. Allclothingmustbeneat, cleanandingoodrepair. Uniformsshallbeneat, cleanand ingoodconditionatthestartof theworkshift. Uniformsshallnotbealteredinappropriately and shall be worn as they are designed to be worn.
2. Prescribeduniforms and safety equipment must be worn when at work. Uniforms shall not beworn when off duty, except for travelingto and from work. It is recognized. that employeesmay haveto makebrief stops on the way to and from work to take care of personalbusiness; however, whileanemployeeisoffwork, uniformsshallnotbewornin businesses or locations which would create a negative impression, such as bars or nightclubs.
3. Footwear must be appropriate for the work environment and functions being performed.
4. Hair must be neat, clean, and well groomed.
5. Beards, mustaches, and sideburns must be maintained in a neat and well- groomed fashion.
6. Jewelryis acceptable except in areaswhereit constitutes a health or safety hazard.
7. Good personal hygiene is required.
8. Dress must be appropriate to the work setting, particularly if the employee 25 -31-
has contact with the public. Employeesshall maintain an appropriate and professional appearance at all times.
9. The City Managermay implementthis Rule and may supplementthis Rule by administrative action.
10. Violation of the DressCode Policymay be grounds for disciplinary action up to and including discharge from employment.
11. If an employee feels that any provisions of the Dress Code Policy or application thereof is inconsistent with his/ her religious belief or any other status protected by law, he or sheshould immediately notify a supervisoror human resourcesmanager. Exceptionswill be made to the DressCode Policy based on protected status and as required by state or federal law.
J. RECORDS: RESTRICTION FOR OFFICIAL USE AND
CONFIDENTIALITY
1. Records received, transmitted and/or prepared by any City employee in the course and scopeof his/herofficial duties shall beused onlyfor official City purposesand shall not besharedwith anypersonoutsidethe Cityexceptas authorizedbythe CityCouncil, City Managerordesignee, CityAttorney, orPersonnelDirector, orasotherwiseauthorizedbylaw. a. Inthe course of conducting City businessand activities, the City maycreate, receive, or maintain confidential data, information, and documents. All City employees shall maintain the confidentiality of data, information and documents considered by the City to be confidential, and in whatever form such data, information or documents may exist, including, but not limited to, personal information about other employees of the City such as personnel evaluations, home addresses and telephone numbers; customer information and billing records; information which is the subject of a City investigation; health or medical information, passwords, userids, and securitycodes; andanydata, informationor documents which the City Council, City Manager, CityAttorney, FinanceOfficeror Personnel Director has designated as confidential, orwhich are confidential pursuant to federal or state law. Confidential data, information and documents shall be disclosed only to, andaccessedby, thosepersonsauthorizedbytheCityCouncil, CityManager, City Attorney, FinanceOfficer or PersonnelDirector or applicable law to receive, access or possess such confidential information or document.
b. Notwithstanding the foregoing, any data, document, record, or information maintained by the City and required by federal or state law to be made available to the public is subject to disclosureupon receiptof an appropriaterequestby a member of the public pursuantto the California Public RecordsAct (Cal. Gov. Code 6250 et seq.) or court order.
26 -32-
K. CITY PROPERTY
1. Any employee in possession of keys, user IDs, passwords and security codes to access or enter into any kind of City property, including but expressly not limited to equipment, buildings, structures, andother premisesshall maintain their confidentiality and shallnotpermitthemto beusedbyunauthorizedpersonsorduplicated, andsaidkeys, user IDs, passwords and security codes shall be turned in to the City upon request or upon separation from employment.
2. EveryCity position requiresthe useof Citysupplies, materials, tools, andequipment.
It is each employee' s responsibility to maintain City property in the best possible condition, make the most economical use of supplies, and to see that all supplies, materials, tools, equipment, and unused materials are returned to the City after use. City supplies, materials, tools andequipment shall beusedonly inthe performanceof anemployee'sduties andshall not beusedfor personal purposesor personalgain, or other non -City businessor activities.
3. No employee shall place a lock, password, or other security device or code on any Cityequipment, furniture, room, building, structure, orpropertyofanykindwithoutapproval from the Director of Administrative Services; and only City -issued locks, codes or security devices shall be used.
4. The provisions of this Section shall also apply to all City TechnologyResources, as definedinthe City of HighlandPolicyon TechnologyUseand Security (AppendixA). (See also Section F of this Rule.)
IV. CLASSIFICATION
A. PREPARATION OF CLASSIFICATION PLAN
The PersonnelDirector, or a person or agencyemployed for that purpose, shall ascertain, and record the duties and responsibilities of all positions in the competitive service, and shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications, includingthe title. Theclassificationplan shall be so developedand maintainedthat all positions substantially similar with respect to duties, responsibilities, authority, and
character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positionsinthesameclass. Managementandotherexcludedpositionsmaybeincludedin the Classification Plan for information only but are not and shall not become part of the competitive service.
B. ADOPTION, AMENDMENT AND REVISION OF PLAN
Theclassification plan shall be adopted bythe City Council and maybe amendedfrom time to time. Duringthe processof consideration, anyrecognizedemployeeorganizationaffected shall be advised. Amendments and revisions of the classification plan may be suggested by 27 -33-
any interested party, including any recognized employee organization, and shall be submitted to the City Managerfor consideration bythe City Council.
C. ALLOCATION OF POSITIONS
Followingthe adoptionof the classificationplanandconsultationwith anyrecognized employee organization affected, the Personnel Director shall allocate every position in the competitive service to one of the classes established by the plan.
D. NEW POSITIONS
Anewpositionshallnotbecreatedandfilled untilthe classificationplanhasbeenamended to providean appropriate employment list established for such position.
E. RECLASSIFICATION
1. Positions, the assigned duties of which have been materially changed by the City so as to necessitate reclassification, whether new or already created, may be allocated by the CityCouncilto a moreappropriateclass. Reclassificationsshallnotbeusedforthepurpose of avoidingrestrictionsconcerningdemotionsand promotions, or to effect a changein salary in the absence of a significant changein assignedduties and responsibilities.
2. Status of Employee Whose Position is Reclassified. If an occupied position is reclassified, the incumbent shall be affected as follows, except that if a probationary employee occupies the position, the employeemust servea probationary period in the new classification to attain regular status:
a. To a Lower Classification. When a position is reallocated to a lower classification, the incumbent shall:
1) Be eligible to transfer to a position in the same classification; 2) Begrantedregularstatus in the lower classification; and 3) Not incur a salary reduction. If the salaryis greaterthan the "G" step of the lower classification, the employee' s salary will be Y-Rated. b. To a Different Classification with the Same Salary Range. When a position is reclassified to a classification with the same salary range, the incumbent shall be paid the same salary but shall servea probationary period.
C. To a Higher Classification. When a position has been reclassified to a higher classification, status should be granted in a higher classification, without examination, but with a probationary period.
d. Failure to Achieve the Higher Classification. If the employee fails the probationary period, the employee shall be returned to either his/her regular status of the position in the former classification or to a vacant position in a comparable classification. The employee is subject to layoff if no lower position is available. -34-
F. USE OF CLASS SPECIFICATIONS
Specifications are to be interpreted in their entirety and in relation to others in the classification plan. Particularphrasesorexamplesarenot to beisolated andtreated asafull definition of the class. Specifications are deemed to be descriptive and explanatory of the kind of work performed and not necessarilyinclusive of all duties performed.
V. RECRUITMENT, SELECTION AND APPOINTMENT
A. FAIR EMPLOYMENT PRACTICES
TheCityiscommittedto providingequalemploymentopportunitiesfor all individualsfor all Citypositions, regardlessof race, religiouscreed, color, nationalorigin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex including pregnancy and pregnancy -related conditions such as breastfeeding), gender, gender identity, gender expression, age, sexual orientation, military and veteran status, reproductive health decision -making, or any other basis protected by law. TheCity will not require possession of a driver' s license for applicants or employees, unless the City reasonablyexpectsdrivingto beoneof the dutiesofthe position, andalternativemeansof transportation are not feasible. Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job -related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Personnel Director and in accordance with applicable law, is not justifiably linked to job qualifications and successful job performance.
B. ANNOUNCEMENT
All examinations for classes in the competitive service shall be publicized by such methods as the City Managerdeems appropriate. Special recruiting shall beconducted, if necessary, to ensure that all segments of the community are aware of the forthcoming examinations.
Theannouncements shall specify the title and payof the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performanceof the work of the class; the mannerof makingapplication; and other pertinent information.
C. APPLICATION FORMS
Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, references, and fingerprints. All applications must be signed by the person applying.
D. ACCEPTANCE OF APPLICATIONS
Applications to take examinations must be filed on City application forms or as specified in the job announcement. Completed applications must be timely filed. Any qualified person 29 -35-
may be admitted to an examinationwho, within the period prescribed in the public notice, has filed an application furnished by the Human Resources Department, and whose application has not been rejected for cause in accordance with these Rules, and who presents him/ herself at the time and place designated for the examination.
E. CANCELLATION/ EXTENSIONS
Examinationsmaybecanceled orfiling periods extended bythe PersonnelDirector for good cause.
F. APPLICANT QUALIFICATIONS
Applicants for examinations must meet the qualification standards for the classification by the date set forth in the announcement, including all licenses or certification requirements.
Applicants may be requiredto provideproof of their education, training, and experience.
G. PROOF OF RIGHT TO WORK
In compliance with laws and regulations of the United States Department of Justice and the Immigration and Naturalization Service, the City requires that each person hired by the City complete Section I of the Employment Eligibility Verification Form 1-9toverifythatthe person is eligible for employment in the United States. Documentation must be produced within three ( 3) business days of hire or on the first day of any employment that is less than three 3) business days. Required documentation must be presented to the Personnel Director.
H. REFERENCE/ BACKGROUND INVESTIGATION
The City verifies educational background and prior employment and conducts reference checks on applicants for employment. Applicants may also be subject to a background check as permitted by law, which may include, but is not limited to, a credit review (if applicable to the position for which they applied), personal history, education, professional credential, military record, Department of Motor Vehicle record and criminal history.
Criminal history backgroundinvestigationswill be subject to RuleV.K., below. An employee under consideration for promotion may also be subject to a backgroundcheck. A written authorization will be obtained before a background check is conducted. Final offers of employment or promotion maybe delayeduntil the City hascompleted the referencecheck and background investigation process.
I. DISQUALIFICATION
1. The Personnel Director may reject an application, or after examination, may disqualify or remove an applicant's name from an eligible list for good cause. Good cause includes, but is not limited to, any employee who:
a. Has made false statements of any material fact, or practiced any deception or fraud on the application, declarations or in securing eligibility or appointment; 30 -36-
b. Isfound to lack any of the requirements, certifications, or qualifications for the position involved;
C. Is unable to perform the essential functions of the job, with or without reasonable accommodation;
d. Is a current user of illegal drugs;
e. Is a relative of an employee and is subject to the Nepotism Policy in Section III. D of these Rules;
f. Used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment;
g. Directly or indirectly obtained confidential information regarding examinations;
h. Failed to cooperate in the selection process, including, but not limited to, failed to attend any scheduled appointment, without cause; i. Failed to complete and / or submit the employment application correctly or within the prescribed time limits;
j. Has had his/ her privilege to operate a motor vehicle in the State of California suspended or revoked, if driving is job related;
k. Indicates, on the face of his/ her application, that the applicant does not possessthe minimum qualifications requiredfor the position;
1. Conviction of a felony or misdemeanor, except for misdemeanor marijuana convictions that are over two years old, or convictions that have been judicially sealed, eradicated or expunged, based on the City' s determination carried out in accordance with Section K, below; or
M. Is not lawfully authorized to work in the United States; or n. Forany material causewhich in the judgment of the PersonnelDirectorwould render the applicant unsuitable for the position, including a prior resignation from the City, termination from the City, or a significant disciplinary action.
2. If the application is rejected for any of the above reasons, the applicant may appeal the rejection to the Personnel Director within ten ( 10) working days of notice. The City Manager shall review the appeal and affirm the rejection or reinstate the applicant. The City Manager' s decision shall be made in writing and is final.
J. NOTICE OF DISQUALIFICATION/ REJECTION
Whenever an application is rejected, notice of such rejection shall be mailed to the applicant by the PersonnelDirector. Defectiveapplicationsmay, in the discretionof the Personnel Director, be returned to the applicant with notice to amend and re -file, provided that the time 31 -37-
limit for receivingapplications has not expired. Wheneveran application is rejected, notice of such rejection shall be mailed to the applicant by the Personnel Director.
K. CRIMINAL HISTORY - INELIGIBILITY FOR EMPLOYMENT
1. TheCitywill conduct criminal history backgroundinvestigationsforjob applicants for employment and applicants seekingpromotion ortransferfrom their current City position in accordance with these provisions and applicable federal and state laws. Except as otherwise provided in Subsection ( 5), below, the City will not ask any such applicant to disclose, orallyor inwriting, information concerning his/hercriminal history until after (a) the City has determined the applicant meets the minimum qualifications for the position, as statedin anynoticeissuedforthe position; and (b) theCityhasmadea conditionalofferof employment to the applicant or has made a conditional offer of a promotion or transfer to the employee. If a criminal history background investigationis required, the final decision will not be made until completion of the investigation in accordance with this Section.
2. As used in these Rules, " conviction" includes a plea, verdict, or finding of guilt, regardless of whether a sentence is imposed bythe court. " Conviction" does not include and shall not be construed to include any adjudication by a juvenile court, or any other court order or action taken with respect to a person who is under the process and jurisdiction of the juvenile court.
3. Job Applicants ( New Employees). As a condition of being offered employment, all applicants must undergo and pass a criminal history background investigation in accordance with applicable law and the procedures set forth in this Section. Following a conditional offer of employment, an applicant shall be disqualified from consideration for the positionandtheconditionalofferof employmentwill bewithdrawnif the applicanthas been convicted of a felony or misdemeanor, except for misdemeanor marijuana convictions that are over two years old, or convictions that have been judicially sealed, eradicated or expunged, if the Cityfinds that (a) state or federal law prohibits the City from employing the applicant in that position as a result of a conviction; or (b) the City determines that the applicant' s conviction history has a direct and adverserelationshipwith the specific duties of thejob thatjustifydenyingthe applicantthe position. Thisdeterminationwill bemadein accordance with subsection ( 6) of this Section and all applicable State and federal laws.
4. Applicants for Promotion or Transfer ( Current Employees). Current employees seekingtransferor promotionto other City positionsmayalso be requiredto undergoa criminal history background investigation as a condition of being offered a promotion or transfer. The determination whether to require a criminal history background investigation shall be madebythe PersonnelDirectorpriorto commencementof the recruitmentfor or solicitationof anycurrentCityemployeesfor the promotionortransferandshallbe based on the job duties and qualifications of the promotional or transfer position. Following a conditional offer of promotion or transfer, an applicant may be disqualified from consideration for the promotional or transfer position andthe conditional offer of promotion or transferwill be withdrawn if the applicant has been convicted of a felony or misdemeanor, except for misdemeanor marijuana convictions that are over two years old, or convictions 32 -38-
that havebeenjudiciallysealed, eradicatedor expunged, basedon a considerationof the factors set forth in subsection ( 6) of this Section.
5. Exceptions. Theprohibitionagainstthe City inquiringabout or usinganycriminal historybeforeaconditionalofferofemployment, promotionortransferhasbeenmadedoes not apply in the following circumstances:
a. IfthepositionisoneforwhichtheCityisotherwiserequiredbylawtoconduct a conviction history background check; or
b. If the position is with a criminaljustice agency, as definedin PenalCode Section 13101; or
C. If the position is one that the City or a City agent is required by any state, federal, or local law to conduct criminal background checks for employment purposesor to restrictemploymentbasedon criminalhistory. Federallaw, for purposes of this provision, includes rules or regulations promulgated by a self - regulatoryorganizationasdefinedin Section3(a)(26) oftheSecurityExchangeActof 1934, 15 U. S. C. § 78c( a)( 26).
6. Denial of Employment Position or Promotion/ Transfer. a. Individualized Assessment. Upon completion of the criminal history backgroundinvestigation, if the City intends to denyan applicant for employment or denyacurrentemployeeapromotion/transferthathe/shewasconditionallyoffered basedsolelyorin partonthe applicant'sconvictionhistory, theCitywill firstmakean individualizedassessment of whether the applicant's conviction history hasa direct and adverserelationship with the specific duties of the job that justify denyingthe applicant the position or promotion/ transfer. In considering whether the conviction historyhasa directand adverserelationshipthat justifiesthe decisionof denialor disqualification, the City must determine whether the criminal conviction considerationpolicy or practice bearsa demonstrablerelationshipto successful performanceonthejob andintheworkplaceandmeasurestheapplicant'sfitness for the specific position( s). The individualized assessment shall include, at a minimum, consideration of the following factors:
1) The nature and gravity of the offense or conduct;
2) The time that has passed since the offense or conduct and/or completion of the sentence; and
3) The nature of the job held or sought; and
4) Whether any applicable federal or state statute prohibits hiring the applicant in the position based on his/ her prior conviction( s). b. PreliminaryDetermination. If, after conducting an individualized assessment, the Personnel Director makes a preliminary decision that the applicant' s conviction history disqualifies the applicant from the employment or position conditionally 33 -39-
offered, the Personnel Director shall notify the applicant of the preliminary decision in writing. Thewritten noticeto the applicantmay, but is not requiredto, justify, or explainthe PersonnelDirector's reasoningfor making the preliminary decision. The notice to the applicant must include all of the following:
1) Notice of the disqualifying conviction or convictions that arethe basis forthe preliminary decision to rescind the offer;
2) Acopyofthe convictionhistoryreportutilizedorreliedonbytheCity, if any (such reports include, but are not limited to: consumer reports, credit reports, public records, results of internet searches, news articles, or any otherwriting containing information related to the conviction historythat was utilized or relied upon by the City); and
3) An explanation of the applicant' s right to respond to the notice before the preliminarydecisionrescindingthe offer of employmentbecomesfinal and the deadline bywhich to respond (which can be no less than five business days from the date of receipt of the notice). If notice is transmitted through a format that does not provide a confirmation of receipt, such as a written notice mailed by the City without tracking delivery enabled, the notice shall be deemed received five calendar days after the mailing is deposited for delivery for California addresses, ten calendar days after the mailing for addresses outside of California, and twenty calendar days after mailing for addresses outside of the United States.
a) The explanation shall inform the applicant that the response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both. The types of evidence that may demonstrate rehabilitation or mitigating circumstances may include, but are not limited to: the length and consistency of employment history before and after the offense or conduct; the facts or circumstances surrounding the offense or conduct; whether the individual is bonded under a federal, state, or local bonding program; successful completion, or compliance with the terms and conditions, of probation or parole; and rehabilitation efforts such as education or training.
b) If, within five business days of receipt of the notice ( or any later deadline set by the City), the applicant notifies the PersonnelDirector in writing that the applicant disputes the accuracy of the conviction history beingrelied uponandthat the applicant istaking specific steps to obtain evidence supporting the applicant' s assertion, then the applicant shall be permitted no lessthan five additional businessdays to respond to the notice before the Personnel Director' s decision to rescind the employment offer becomes final.
34 -40-
C. Personnel Director' s Final Decision on Denial or Disqualification. The PersonnelDirector shall consider anyinformation submitted bythe applicant before makinga final decision regardingwhether to rescind the conditional offer of employment or promotion/transfer. If the PersonnelDirector makes a final decision to rescind the conditional offer and deny an application based solely or in part on the applicant's conviction history, the PersonnelDirector shall notify the applicant in a writing that includes the following:
1) The Personnel Director' s final denial or disqualification decision reached. The Personnel Director may also include, but is not required to include the justification or an explanation of the City's reasoningfor his/her decision;
2) The right of the applicant or employee to appeal the Personnel Director' s decision under Subsection ( 7) of this Section; and 3) The right of the applicant or employee to file a complaint with the California Civil Rights Department.
7. Appeals. An applicant who is disqualified for employment or disqualified from a promotionortransferunderthisSectionmayappealthePersonnelDirector'sdetermination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten 10) days of the date of the notice of disqualification. The City Manager shall hear and determinethe appealwithin ten (10) workingdaysafter all information relevantto the appeal has been received. TheCity Manager's decision shall be issued in writing and shall include the information required by Section K.6.c. The determination of the City Manageron the appeal is final.
V1. EXAMINATIONS
A. EXAMINATION PROCESS
The selection techniques used in the examination process shall be job -related and may include, but are not necessarily limited to, achievement and aptitude tests, other written tests, personalinterview, performancetests, physicalagilitytests, evaluationof dailywork performance, worksamples, medicaltests, psychologicaltests, successfulcompletionof prescribedtraining, oranycombinationoftheseorothertests. Theprobationaryperiodshall be considered as a portion of the examination process. Examinationsshall be designedto provideequalopportunityto allcandidatesbybeingbasedonananalysisoftheessential requirementsof the class and position, coveringonly factors relatedto such requirements.
B. ANNOUNCEMENT OF EXAMINATION
1. Whenever an open competitive examination is to be given for a position, the PersonnelDirector shall, at least fourteen (14) calendar days (two weeks) prior to the final filingdate, publishanappropriateadvertisementregardingtheposition. Announcementsof all open and promotional openings shall also be posted on bulletin boards in Cityfacilities 35 -41-
for employees' review. The Personnel Director may also undertake whatever other recruiting activities heor shefeels arenecessaryor desirableto fill a particular position in awaywhich meets the City' s goal of obtaining the most qualified employees.
2. The Announcement shall include:
a. Title and pay for the position;
b. The nature of the work to be performed;
C. The minimum qualifications;
d. The time and place of examination, if known;
e. The method of applying;
f. The closing date for application if one is established; g. Whether a medical and/ or psychological examination, including a drug screen, will be required as a condition of employment;
h. Such other information as desirable at the discretion of the Personnel Director.
C. PROMOTIONAL EXAMINATIONS
Promotional examinations may be conducted whenever, in the opinion of the Personnel Director, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section V.A of this Rule, or any combination of them.
Onlyregularor probationaryemployeeswho meetthe requirementsset forth in the promotionalexaminationannouncementsmaycompetein promotionalexaminations.
D. CONTINUOUS EXAMINATION
Open -competitive examinations may be administered periodically for a single class as the needsof the service require. Namesshall be placed on employment lists, and shall remain on such lists, as prescribed in Rule VI.
E. CONDUCT OF EXAMINATION
TheCityCouncilmaycontractwith anycompetentagencyor individualfor the preparing and/or administeringof examinations. In the absenceof such a contract, the Personnel Director shall see that such duties are performed. The PersonnelDirector shall arrangefor the useof publicbuildingsandequipmentforthe conductof examinationsandwill provide reasonable accommodations in the examination process for individuals with disabilities upon request in accordance with the AmericansWith Disabilities Act pursuantto Section I. 36 -42-
F. QUALIFYING GRADEOR RATING
In all examinations, the minimum gradeor standing for which eligibility maybe earned shall be based upon all competitive factors of the examination. Failure to earn a qualifying score in one (1) partoftheexaminationmaybegroundsfordeclaringtheapplicantasfailinginthe entire examination or as not qualified to compete in subsequent parts of an examination.
G. NOTIFICATIONOF EXAMINATION RESULTSAND REVIEWOF
PAPERS
Eachcandidate in anexamination shall begivennotice of the resultsthereof, and if passing, of his/ her final earned score and/ or rank on the employment list.
H. INSPECTION OF TEST ANSWER SHEETS
All candidates shall have the right to inspect their own test answer sheet during normal businesshourswithin five (5) working days after the notification of examination results. Any error in computation, if called to the attention of the PersonnelDirector within this period, shall be corrected, and the final score shall be adjusted accordingly. Suchcorrections shall not, however, invalidate appointments previously made. Examination papers of applicants are not subject to inspection by the public or by other applicants.
REASONABLE ACCOMMODATION
Applicants for employment in any position in the City who desire reasonable accommodation as a result of a physical or mental disability or medical condition in order toparticipateintheexaminationmaysubmitarequestforaccommodationtothePersonnel Director. The request must identify: ( a) the date, time, and location of the examination at issue; and ( b) the desired accommodation( s). Following receipt of the request, the City may require additional information, such as reasonable documentation of the existence of a disabilityand/or needfor accommodation. Afterreceiptof reasonabledocumentationof disability, theCitymayarrangeforadiscussion, inpersonorviatelephoneconferencecall, with the employee, and his/ her representative( s), if any. The purpose of the discussion is to work in good faith to fully discuss all feasible and potential reasonable accommodations.
TheCitydetermines, in its solediscretion, whetherreasonableaccommodation(s) can be made, and the type of accommodation( s) to provide. The City will not provide accommodation( s) that would impose an undue hardship on the City, or that would endangerthe health or safety of the employee or others. TheCity will inform the employee of its decision as to reasonableaccommodation(s) in writing prior to the date or deadline of the examination.
37 -43-
VII. EMPLOYMENT LISTS
A. EMPLOYMENT LISTS
As soon as possible after the completion of an open or promotional examination, the Personnel Director shall prepare and maintain an employment list consisting of the names of candidates who qualified in the examination. Notwithstanding any other provision of these Rules, if there are less than three ( 3) names on an eligible list, the Personnel Director or designeemay disregardthe list and fill the position(s) by any method permitted bythese Personnel Rules, including, but not limited to, undertaking new recruiting and testing procedures. Eligiblelists shall becomeeffectiveupon the certificationby the Personnel Director.
B. DURATION OF LISTS
Employmentlists other than those resultingfrom a continuous examinationshall remain in effect until exhausted or abolished by the Personnel Director. Open -competitive lists created as a result of continuous examinations shall remain in effect for not more than one 1) year after the last administration of the examination, unless sooner exhausted or abolished. Names placed on such lists may be mergedwith anyothers alreadyon the list.
C. REMOVAL OF NAMES FROM ELIGIBLE LIST
1. Grounds for removal. The Personnel Director shall remove the name of any person appearingon an eligibleemployment, re-employment, or promotionallist for anyof the following reasons:
a. his/ her name be removed; Upon written notice from an eligible declining appointment or that;
b. If the eligible fails to respond to a notice of certification mailed to his/ her last designated address;
C. If the Personnel Director determines that the results of the criminal history background investigation require the applicant' s disqualification, or the results of the overall background investigation are otherwise unsatisfactory; d. Failureto properlycomplete, sign or timely file the required application form and all supplemental forms and materials, if any;
e. Fraudulent conduct or false statements by the applicant or others with the applicant' s knowledge on any application or any phase of the selection process, including affirmative misstatements, misrepresentations, and/or failure to disclose or withholding of material information relevant to the City's evaluation and determination of the application;
f. Failure to meet any of the minimum requirements or qualifications of the position;
9-1
-44-
g. Failure to cooperate in the selection process;
h. Failure to attend any appointment; or
i. If employment would not be in the best interests of the City.
2. Procedures.
a. The person affected shall be notified of the removal of his/her name by a notice mailed to his/ her last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists. It shall be the responsibility of the eligible to keep the Personnel Director informed of their current addresses and telephone numbers. b. If less than three ( 3) eligible persons remain on the open competitive or promotionaleligiblelist, the PersonnelDirectormaycancelthe list and establisha new one.
VIII. METHOD OF FILLING VACANCIES
A. TYPES OF APPOINTMENT
All vacancies in the competitive service shall be filled by transfer, demotion, re- employment, reinstatement, or from those eligible persons ( or " eligibles") certified by the Personnel Director from an appropriate employment list, if available. In the absence of personseligibleforappointmentassetforth herein, provisionalappointmentsmaybemade in accordance with these Personnel Rules. The Personnel Director shall decide in what manner the vacancy is to be filled.
B. NOTICE TO PERSONNEL DIRECTOR
If avacancy in the competitive serviceis to be filled, the AppointingAuthority shall notify the Personnel Director in the manner prescribed. If there is no re-employment list available for the class, the Appointing Authority shall havethe right to decide whether to fill the vacancy byreinstatement, transfer, demotion, appointmentfroma promotionalemploymentlist, or appointment from an open employment list.
C. CERTIFICATION OF ELIGIBLES
1. If the Appointing Authority does not consider it in the City's best interest to fill the vacancybyreinstatement, transfer, ordemotion, or if it is notpossibleto fill thevacancyby re-employment, certification shall be made from an appropriate employment list, provided eligibles are available.
2. When the Appointing Authority requests a vacancy be filled by appointment from a promotionalemploymentlist or from an open employmentlist, the PersonnelDirector should certify from the specific list the names of all individuals willing to accept appointment. Wheneverthere are fewerthan three ( 3) names of individuals willingto accept 39 -45-
appointment on a promotional employment list or on an open employment list, the Appointing Authority may makean appointment from amongsuch eligibles or may request the Personnel Director to establish a new list. When so requested, the Personnel Director shall hold a new examination and establish a new employment list.
D. APPOINTMENT
After interview and investigation, the Appointing Authority shall make appointments from among those certified as eligible and shall immediately notify the PersonnelDirector of the persons appointed. The person accepting appointment shall report to the Personnel Director, or the Personnel Director' s designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the Appointing Authority shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment.
E. PHYSICAL EXAMINATIONS AND DRUG TESTING
1. For certain positions, in order to be eligible for employment or re- employment with the City applicantswho havebeen granteda conditionaloffer of employmentshall be required to pass a physical examination and drug testing consistent with applicable state and federal laws. For certain positions, employees who have been extended a conditional offer of a promotion or transfer may be required to undergo and pass a pre -employment physical examination and drug testing for the promotional or transfer position consistent with applicable state and federal laws, priorto receiving a final offer of promotion ortransfer.
The physical examination required of certain applicants for initial employment in safety - sensitive positions shall include a pre -employment drug and alcohol test prescribed bythe City.
2. All physical examinationsfor applicants for initial positions, and current employees for promotional ortransfer positions, includingthe timing of such physicalexaminations, will be conducted in compliance with the Americans With Disabilities Act and the disability rights provisions of the California FairEmployment and HousingAct. Physicalexaminations or inquiries are limited to those that are job -related and consistent with business necessity and where all entering employees in the same job classification are subject to the same examination or inquiry. A physicianor medical facility selected and paid for bythe City shall perform the examination.
3. This section does not apply to routine return to work slips and medical releases provided by an employee's doctor or to medical certification an employee is required to provide in connection with a leave, accommodation, or similar request.
4. All physical examinations shall be job -related and necessary for the efficient operations of the City. The physical examination of a job applicant or an existing employee seekinga promotionwill occuronlyaftera conditionalofferofemploymentor promotionis made and when required of all applicants for the job classification. Pre -employment tests WE
-46-
for illegal drugs and alcohol maybe administered in conjunction with a medical examination for new hiresand re -hiresas part of the recruitment processset forth in RuleV, above.
F. PROVISIONAL APPOINTMENT
1. In the absence of individuals willing to accept appointment from appropriate employmentlists, a provisionalappointmentmaybemadebytheAppointingAuthorityofa personmeetingthe minimumtrainingandexperiencequalificationsforthe positions. Such anappointmentmaybemadeduringthe periodofsuspension, demotionordischargeof an employee, and such vacancy may be filled by the Appointing Authority subject to the provisionsof this ordinanceandthe personnelrules. A provisionalemployeemaybe removedat anytime without the right of appeal or hearing. No provisionalappointment shall exceed six (6) months. Employees appointed on a provisional basis shall not be entitled to a preference in hiring or a right to a regular position.
2. A provisionalappointee shall accrue the same benefits as probationary employees.
If a provisionalappointeeisselectedfor afull-time positionwiththe city, thetime servedas a provisionalappointmentshall be countedas time towardthe fulfillment of the required probationary period.
3. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any open -competitive promotional lists, for service rendered under a provisional appointment.
IX. PROBATIONARY PERIOD
A. REGULARAPPOINTMENT FOLLOWING PROBATIONARYPERIOD
1. Termof ProbationaryPeriod; Extensions. All original and promotional appointments in the competitive service shall be tentative and subject to a probationary period of not less than twelve ( 12) months actual service to be determined for each class by the Personnel Director. The Appointing Authority may extend such probationary period up to six (6) additional months. Periods of time on paid or unpaid leave exceeding five ( 5) days consecutive or not) shall automatically extend the probationary period by that number of daysthe employeeison leave. Ifthe probationary periodis interrupted bymilitary leave, then the employee shall be required to complete his/ her probationary period upon reemployment in his/herpositionfollowingreturnfrom his/hermilitaryleave. Timespenton militaryleave shall not count toward completion of an employee' s probationary period, and an employee' s probationary periodshall be extended bythe length of the military leave.
2. At -Will Status of Probationary Employee; Rejection. a. In accordance with the Personnel Ordinance and these Rules, during the probationaryperiod all new hires and re -hires in positions in the competitive service shall be at -will employees who serve at the pleasure of the Appointing Authority and may be rejected at any time with or without cause and with or without any pre- or post -disciplinary due processor right of evidentiaryappeal, review, or grievance. 41 -47-
b. Duringthe promotionalprobationaryperiod, all promotionalemployeesinthe competitive service shall be at -will employees as to the promotional appointment, who serveat the pleasure of the AppointingAuthority and may be rejectedfrom their probationarypromotionalappointmentatanytimewithorwithoutcauseandwithout anypre- or post- disciplinarydue processor rightof evidentiaryappeal, review, or grievance.
C. Rejection of probationary employeesfollowing military leave is governedby the City' s military leave policy ( Rule XVI and Appendix B to these Rules), and applicable provisions of federal and state law governingmilitary leave.
3. Procedures. Subject to Section D of this Rule, whenever possible the Personnel Director shall notify the Appointing Authority andthe probationer concerned two (2) weeks prior to the termination of any probationary period. If the service of the probationary employee has been satisfactory to the AppointingAuthority, then the Appointing Authority shall file with the Personnel Director a statement in writingto such effect and statingthat the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his/ her employment terminated at the expirationofthe probationaryperiodbasedonrejectionduringhis/herprobationaryperiod pursuantto SectionD. Whereastatementof satisfactoryservicehasnotbeenfiled, notice of the termination based on rejection during his or her probationary period shall be served on the terminated employee by the Personnel Director after the expiration of the probationary period. The failure of the City to provide notice of rejection during the probationaryperiodor terminatehim/herfrom employmentat or prior to the end of the probationaryperiodshall not extendthe employee's probationaryperiodor changethe employee' s at - will status.
4. Proceduresand timing for termination of a probationary employee following his/her reemployment after military leave shall also be subject to any applicable provisions of USERRA and/ or state law regarding military leave. ( See Rule XVI and Appendix B to these Rules.)
B. OBJECTIVE OF PROBATIONARY PERIOD
The probationaryperiod shall be regardedas a part of the selection processin the competitive service and shall be utilized for closely observing the employee' s work and for securingthe most effective adjustment of a newemployeeto his position.
C. COMPLETION OF PROBATION
All appointments in the competitive serviceshall beat -will andtentative pendingsuccessful completion of the probationary period. Probationwill not be completed unless or until the employee receives written notice of retention or rejection in accordance with these Rules.
The AppointingAuthority may retain or reject a probationaryemployeeand issue the appropriate notice. TheAppointing Authority may retroactively confirm the retention of any employee and the successful completion of probation where the probation period was 42 -48-
extendedorwasendedbyrejectionbecausetheemployeedid not receivewrittennoticeof retention or rejection.
D. REJECTION OF PROBATIONER
Notwithstandingany other provisionof these Rules, duringthe probationaryperiod, an employeein a positionin the competitiveserviceservesin anat -will statusandmaybe rejected at anytime bythe Appointing Authority with or without cause and without any pre - or post- disciplinary due process or the right of evidentiary appeal, review, or grievance undertheseRules, includingbut not limitedto RuleXX (DisciplinaryAction) andRuleXXII Grievance Procedure). Notification of rejection bythe Appointing Authority shall be served ontheprobationer, andhe/sheshallbeterminatedfromemploymentwiththeCity. Failure of the AppointingAuthority to providenotification of rejection beforethe end of the probationarypromotionalperiodshallnotextendhis/herprobationarypromotionalperiod or change his/ her status from a probationary promotional employee to a regular employee in the promotional position.
E. REJECTION FOLLOWING PROMOTION
Anyemployeerejectedduringthe probationaryperiodfollowingapromotionalappointment inthe competitive service, or at the conclusion ofthe probationary period byreasonof failure of the AppointingAuthorityto file a statementthat the employee's serviceshavebeen satisfactory, shallbe reinstatedto the positionfromwhichthe employeewas promotedif there is a vacancyin the prior position unlesschargesare filed and the employeeis dischargedfor a reasonthat would havebeen sufficient cause for his/hertermination from his/ her former position, in the manner provided in these Rules for positions in the competitive services. If there is no vacancyin such position, the employeemay be released without cause, and without any pre- or post- disciplinary due processor right of evidentiary appeal, review, or grievance. Should the prior position no longer be available, the employee will beterminated from employment, but mayrequestto beplaced on a re-employment list.
F. APPOINTMENTTO A DIFFERENTCLASSIFICATION DURING
PROBATION
Anemployeeis not disqualified from appointment to a different classification becauseheor she is presently serving a probationary period. Any such appointment must otherwise complywiththeseRules. Anemployeewhohasnotcompletedtheprobationaryperiodat the time of appointment to a different classification will begina new probationary period. If the employeewas servinga new hire probationary period at the time of appointment, the new probationaryperiodwill also be a new hire probationaryperiod. If the employeeis servinga promotional probationary period at the time of appointment, the new probationary periodwill bea promotional probationary period.
43 -49-
X. REGULAR EMPLOYMENT
A. REGULAR FULL- TIME EMPLOYMENT
Employees who have successfully completed their probationary periods and who regularly work a minimum of eighty (80) hours in a two (2) week period shall become full-time regular employees in the competitive service and shall be entitled to allthe benefits provided herein.
B. REGULAR PART-TIME EMPLOYMENT
1. Employeesemployed in a position designated as a regularpart-time position in the Classification Plan, who regularly work less than forty ( 40) hours a week but average twenty 20) hours or more a week, andwho havesuccessfully completed their probationaryperiod shall become regular part-time employees and shall be entitled to regularstatus equal to the hours worked when compared to forty ( 40) hours per week. Such employees are not eligible for benefits or leave, except retirement benefits and sick leave as required by state Law (see Rule XV.0 and Appendix C of these Rules), and health benefits under the City of HighlandPremiumOnlyPlan. Theprobationaryperiodfor regularpart-timeemployeesshall be not lessthan twelve (12) months of part-time serviceand shall be subjectto all provisions of Rule IX.A through F, above. The City Managershall designate in the Classification Plan thosepositionsthatshallconstituteregularpart- timepositionstowhichthissubsectionB applies. An employee shall not be designated or classified as a regular part- time employee unlessso designated in a personnelaction form signed by the City Managerand Personnel Director.
C. TEMPORARY PART-TIME, EMERGENCY AND SEASONAL
1. Temporary/Part-Time Employeesworking less than an averageof twenty(20) hours perweekorlessthan1,000hoursperyear, donotserveaprobationaryperiod, donotacquire regularstatus, and are not entitled to benefits exceptto the extent such part-time employees qualifyfor paidsickleaveas requiredbystatelaw (seeRuleXV.0 andAppendixC of these Rules). Such employees are at -will employees who serve at the pleasure of the Appointing Authorityand maybeterminatedat anytime withoutcause, andwithoutanypre- or post - disciplinarydueprocess, or rightof evidentiaryhearing, review, appeal, orgrievance. Such employees are excluded from the competitive service.
2. Emergencyandseasonalemployees, regardlessof the numberof hoursworkedper week or in a fiscal year, are at -will employees, do not serve a probationary period, do not acquire regularstatus, and are not entitled to benefits (except to the extent that sick leave benefits may be required by applicable state law). Such employees are at -will employees whoserveatthe pleasureoftheAppointingAuthorityandmaybeterminatedatanytimewith or without cause, without any pre- or post -disciplinary due process, or right of evidentiary appeal, review, orgrievance. Suchemployeesareexcludedfromthecompetitiveservice. If anemergencyor seasonalemployeereachesthethresholdoverwhichthe Cityis required to providehealthbenefits, theCitywill providesuchbenefitsinaccordancewith the law.
-50-
3. No Temporary/Part-Time, Emergency, or Seasonal employee shall work more than 125 days in a fiscal year ( if paid on a " per diem" basis), or more than 1, 000 hours or more in anyfiscalyear (if paidonotherthana perdiembasis) exceptasexpresslyauthorizedbythe City Manager and Personnel Director in writing.
XI. TEMPORARY EMPLOYMENT
Withoutfollowingthe Rulesregardingrecruitmentandselection, the AppointingAuthority mayhireemployeeson a temporarybasis, for a periodnot to exceedone hundredeighty 180) days, or for completion of a specific task or project. The period of temporary appointmentmay be extendedby the AppointingAuthorityfor up to an additionalone hundredeighty (180) days, providedthat undernocircumstancesshallthe initial periodof temporaryemployment, oranyextendedperiodoftemporaryemployment, exceedatotal of 124days in a fiscal year (if paid on a per diem basis) or more than 1000hours in anyfiscal year (if paidon otherthana perdiembasis) exceptas expresslyauthorizedbythe City Manager and Personnel Director in writing. Temporary employees are at -will employees who serveat the pleasureof the AppointingAuthorityandmaybe removedat anytime with or without cause and without any right to pre- or post- disciplinary due process, or evidentiary hearing, review, orgrievance. Temporaryemployeesarenoteligibleforbenefitsexceptfor paidsickleavetotheextentrequiredbystatelawassetforthin RuleXV.C. andAppendixC of these Rules, and health benefits as required byfederal law if the minimum threshold hours or days worked is reached. Such employees are excluded from the competitive service.
XII. TRANSFER, PROMOTION, DEMOTION, SUSPENSION,
RECLASSIFICATION AND REINSTATEMENT
A. TRANSFER
1. Atransfer maybevoluntary, atthe requestofthe employee, orinvoluntary, to promote efficiency, supervision, safety, ormoraleoftheservice. Atransferisnotdisciplinaryanddoes not trigger the right to disciplinary process associated therewith under Rule XX (Disciplinary Action) or the right to file a grievance under Rule XXIIIfor any employee. An involuntary transfer may be appealed in accordancewith Section (C)(2) of this Rule.
2. No person shall betransferred to a position for which that person does not possess the minimum qualifications. Upon notice to the PersonnelDirector, an employee may be transferred bythe Appointing Authority or designateat anytime from one position to another positioninacomparableclass. Fortransferpurposes, acomparableclassisonewiththe same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications.
3. If the transfer involves a change from one department to another, both Department Headsmust consent thereto unlessthe City Managerordersthe transfer. Transfershall not be usedto effectuatea promotion, demotion, advancement, or reduction, eachof which maybeaccomplishedonlyasprovidedinthe PersonnelOrdinanceortheseRules. 45 -51-
B. VOLUNTARY TRANSFER
A regularemployeemayinitiate a requestto transferto another position inthe sameor lower classification for which the employee is qualified in the opinion of the Personnel Director, by submitting a "Requestto Transfer" to the PersonnelDirector. TheRequestwill be kepton file for one (1) yearfrom the date of receipt. With the approvalof the Department Headfor whom the employee works and the Department Head for whom the employee wishes to work the employee will be transferred to the new position when the first vacancy becomes available.
Selection for voluntary transfer is within the sole discretion of the Personnel Director followingconsultationwiththeaffectedDirectororotherDepartmentHeadandshallnotbe subjectto anydisciplinary appeal orgrievance. Employeeswith lessthan oneyearof service, lessthan satisfactory performance evaluations and a disciplinary suspension, reduction in pay or equivalent disciplinary action within the last year are not eligible for a voluntary transfer.
C. INVOLUNTARY TRANSFER
1. Whenever possible, a regular employee being transferred from one position to anotherpositionin the sameclass, or a comparableclassat the samesalarylevel, shall receive five ( 5) working days' notice.
2. If a regular employee disputes the involuntary transfer, the employee may, within two 2) days of the Notice of Transfer, file a written appeal with the City Manager setting forth the reasons, therefore. Any appeal filed must be based upon the alleged violation of the requirements for transfer and/or procedure followed. The City Manager's decision shall be final.
D. PROMOTION
1. Insofar as consistent with the best interest of the service vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established.
2. If, in the opinion of the Personnel Director, it is in the best interest of the City service, a vacancy in the position may be filled by an open competitive examination instead of promotional examination, in which event the PersonnelDirector shall arrangefor an open - competitive examination and for the preparation and certification of an open -competitive employment list.
E. DEMOTION
TheAppointingAuthoritymaydemotean employeewhoseabilityto performthe required duties falls below standard, for disciplinary purposes, or in lieu of layoff. Upon request of the employee, and with the consent of the Appointing Authority, demotion may be made to a vacant position. No employeeshall be demoted to a position if he/shedoes not possessthe minimum qualifications for that position. Disciplinary demotion action or because the employee is no longer able to perform the required duties of his/her position shall be in M.
-52-
accordance with Rule XX hereof. Demotion in lieu of layoff shall be in accordance with Rule XXI. C.
F. SUSPENSION
TheAppointingAuthoritymay suspendan employeefrom a positionat any time for a disciplinarypurpose. Suspensionwithoutpayshallnotexceedthirty (30) calendardays, nor shallanyemployeebepenalizedbysuspensionformorethanthirty (30) calendardaysinany fiscal year. The Department Head maysuspend a subordinate employee for not more than five (5) workingdaysat anyonetime, andnot morethan oncein a thirty (30) calendarday period. Intendedsuspensionactionshallbereportedimmediatelytothe PersonnelDirector and shall be taken in accordance with Rule XX hereof.
G. REDUCTION IN PAY
Reduction in pay shall be a decrease in salary to a lower step within the employee' s salary range, made bythe AppointingAuthority for a fixed period of time for disciplinary purposes or for budgetary reasons. Reductions in pay for disciplinary purposes shall be taken in accordance with Rule XX hereof for employees in the competitive service.
H. DISCIPLINE OF FLSA- EXEMPT EMPLOYEES
Exceptfor a violation of a major safety rule, FLSA-exempt employees maynot be subject to suspensions, temporary demotions ( with a beginning and ending date), or temporary reductionsin pay, otherthan in full workweekincrements. All otherprovisionsof RuleXX shall apply to the discipline of FLSA-exempt employees who hold positions in the competitive service.
I. RECLASSIFICATION
Reclassification of a position generallyoccurs when the duties and responsibilities of the positionhavesignificantlyincreasedovertime. Areclassificationgenerallyoccursasaresult of a job analysiswhich documentsthat the employeehas beenassignednewadditional and/ or higher -level duties requiring higher level of knowledge, skill and ability, experience and/ or education, etc.
J. REINSTATEMENT
With the approval of the Appointing Authority, a regular employee or probationary employee who has completed at least six (6) months of probationary service and who has resigned whileingoodstandingmaybeconsideredfor reinstatement, uponrecommendationofthe Department Head and approval of the Appointing Authority, to a position in the former employee' s classification for a period of within two ( 2) years after resignation or separation.
The employee shall be reinstated to the salary range and step held at the time of resignation or shall be reinstated to a vacant position in the same or comparable class, to the salary range and step held at the time of resignation or separation and shall receive a new anniversarydate which shall be the first date of employmentupon reinstatement. The EVA
-53-
employee will serve a new probationary period. No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits except on the specific recommendation of the Appointing Authority at time of reinstatement.
K. CHANGE - OF -STATUS REPORT
Every appointment, transfer, promotion, demotion, change of salary rate, or any other temporaryor permanentchangein statusof employeesshall bereportedto the Personnel Director in such manner as he may prescribe.
XIII. COMPENSATION AND PAYROLL PRACTICES
A. PHILOSOPHY OF COMPENSATION
TheCity Councilrecognizesthat the City competesin a marketplaceto obtainqualified personnel to perform and provide municipal services. It further recognizes that compensation and conditions of employment must be sufficiently attractive to draw and retainqualifiedemployees. Therefore, aspartofthe budgetaryprocess, theCityCouncilwill considerthe value of compensatingits employeeswith wagesand benefits competitive with the labor market and commensurate with the performance of each employee.
B. COMPENSATION ON APPOINTMENT
A newly hired employeeshall becompensatedat Step "A" ofthe salaryrangeatwhich his/her class is allocated. If exceptional recruitment difficulties are encountered, or exceptional qualificationsof a candidatefor employmentindicatethat a higherhiringratewouldbe in the City's bestinterest, appointmentat a higherstepinthe salaryrangemaybeauthorized by the City Managerwho will decideeach case basedin part on a considerationof the experience and education of affected employees and needs of the City.
C. MERIT SALARY ADJUSTMENTS
1. Advancement within the salary range shall not be automatic but shall be based upon job performanceandthe increasedservicevalueof anemployee. Salaryadjustmentsshall begranteduponapprovalofthe DepartmentHeadandthe CityManager. Employeesshall be evaluated for merit salary increases in accordance with the following:
2. New employees and employees who receive "A" step on promotion are eligible for a merit salary reviewfor advancementto the nextstep in the salary rangeafter six (6) months of service. An employee who is promoted and/ or receives other than the first step of the new salaryrangeshall beeligiblefor a meritsalaryreviewaftertwelve (12) monthsdatingfrom the effective date of thepromotion/appointment. Subsequentmeritsalaryreviewdatesshall fall upon the completion of twelve ( 12) month service periods dating from the effective date of the preceding merit increase.
-54-
3. The grantingof an official leave of absence without pay, other than ordered military Leave, shall cause the employee' s merit salary review date to be extended the number of calendar days he was on leave.
4. If in the opinion of the City Manager, the application of rules governing within - range salary progressionor placementof an employeewithin a salary rangeresults in the employee receiving an inequitably low rate as compared to other employees or the employee deserves consideration because of continued outstanding performance, the City Managermay raisethe affected employee's salary to the step within the existing rangethe CityManagerdeemsmostequitable. Suchactionshallnotbecontraryto thegeneralintent and spirit of these Rules.
D. COMPENSATION ON PROMOTION
An employee who is promoted to a position in a class with a higher salary range than the class in which he/she formerly occupied a position shall receive the nearest higher monthly salaryinthe highersalaryrangethatwouldconstituteaminimumone-stepsalaryincrease, unlessthe fifth (5th) step in such rangeprovideslessthan aone-step increase, in which case the employee shall receive the fifth ( 5th) step. The employee shall be given a new merit salary review date based upon the effective date of the promotion.
E. COMPENSATION ON TRANSFER
An employee who is transferred from one position to another in a class having the same salaryrangeshallreceivethe samestep in the salaryrangeas he/she previouslyreceived.
The employee' s merit salary review date shall not change.
F. COMPENSATION ON DEMOTION
A demotion may be effected for disciplinary reasons or as a result of positional changes effected to accommodate employee work activity levels. If the employee has not attained permanentstatusatthetimeof his/herdemotion, he/sheshallservea probationaryperiod as if he/she were a new employee. The employee shall be placed at such salary step in the new range deemed appropriate by the Appointing Authority and assigned a new merit salary review date based upon the effective date of the demotion.
G. COMPENSATION ON POSITION RECLASSIFICATION
1. When a permanent or probationary employee's position is re-classified and the employee is appointed to a new position, his/ her salary shall be determined as follows:
a. If the positionis reclassifiedto a classwith a highersalaryrangethan his previousclass, his/hersalaryand meritsalaryreviewdateshall beset in the same manner as if he had been promoted.
b. Ifthe salaryof the employee isthe sameor lessthan the maximum of the new class, his/ her salary and merit salary review date shall not change. -55-
C. If the salary of the employee is greaterthan the maximum of the rangeof the new class; his/her salary shall be designateda "Y" rateand shall not changeduring continuous regular service until the maximum of the salary range to which the class is assigned exceeds his/ her salary.
H. EMERGENCY APPOINTMENT - OUT OF CLASS PAY
1. Employeeswho aregiven an emergencyappointment (as defined below) to a higher classification which involves duties requiring a greaterlevel of skills may be compensated as follows:
a. To qualify for out -of -class pay, an employee must be temporarily assuming substantially the full rangeof duties and responsibilities of the higher -level position.
Out -of -class pay is not authorized, for example, if the organization of a work unit is such that each unit employee carries on his normal duties during the temporary absenceof a supervisor, without a needfor the direction which the supervisorwould provide on a longer -term basis.
b. The rate of pay shall remain unchangedduring the first twenty (20) working days of such assignment. Emergency appointments must be made in writing and approved by the City Manager.
C. Aftertwenty (20) continuous workingdaysof such temporary assignment, the employeeworkingout of class shall be paidat StepA of the higherclassification, or a rate one step greater than his/her current rate, whichever is deemed appropriate compensation for the level of duties assigned and performed. The amount of additional payawarded shall be determined bythe City Manager. The higherrate of payshallbeusedin computingovertimewhenauthorizedovertimeis servedin an FLSA position, out - of -class assignment; the overtime rate shall be at the rate established by the overtime regulations that apply to the higher class. d. Time worked out of class shall not earn credits toward the completion of probationary requirements in the higher class.
2. As used in this Section H, " emergency appointment" means a position that is temporarilyvacantdue to anotheremployee's leaveof absenceand does not includea position that is vacant during recruitment for a permanentappointment.
I. BILINGUAL PAY ALLOWANCE
Uponapprovalbythe CityManager, anemployeemaybeeligibleto receivea bilingualpay allowance after successfully passing a written and/or oral language proficiency test, in accordance with the following provisions:
1. Eligibility
Employees who are regular full- time or regular part-time employees in positions with significant contact with non- English speaking individuals may qualify for bilingual pay, 50 -56-
subject to approval by the City Manager. The City Managerwill designate the languages eligiblefor bilingual payand identify the specific job classifications that areeligible. TheCity Managerreservesthe rightto limit the numberof positions or employeeseligiblefor bilingual payand maydiscontinue bilingual payfor anyor all employeesat anytime.
2. Qualifications
To qualify for bilingual pay, an employee must meet the following criteria:
o Demonstrate conversational fluency in a second language. o Be required to use this language regularly and consistently in their daily duties. o Possess language skills in a language deemed beneficial to the City' s operations, as determined by the City Manager.
Thedeterminationof qualifications will be basedonthe successful completion of a bilingual proficiencyassessment, which may includewritten and/or oral testing, conductedby a qualified city contractor. The City Managermay require recertification of language proficiencyeverytwo yearsto ensurethe employee's languageskills continueto meetthe needs of the department, the City, and the community.
3. Bilingual Pay Allowance
Thebilingual payallowance is $280 per month, which will be distributed in the first two pay periods of each month.
4. Termination of Bilingual Pay
TheCity Managermayterminate bilingual payfor anyor all employeesat their discretion.
Such termination will be effective at the start of the next pay period following the written notice. Employees have no entitlement or vested right to continue receiving bilingual pay.
J. SALARY DEDUCTIONS
1. In the event an employee is erroneously overpaid by the City, regardless of fault, the Citymay, withtheemployee'swrittenconsent, recoupoverpaymentbydeductingfrom. that employee's regularpaycheckeither the full amount of the overpaymentorten percent (10%) of the employee's grosssalary, whicheveris lesser, and continuesaid deductionsfor as manyconsecutivepayperiodsas is necessaryuntil full overpaymentis recouped. TheCity shall not commence recoupment by payroll deductions until written notification, which includes all the details of the overpayment, the amount of overpayment and the schedule of recoupment, hasbeengivento the employeeat least ten (10) working daysin advance, and the employeeagreesin writing to the schedule of recoupment. The City may bring a court action to obtain reimbursement if the employee refuses.
2. Ifthe City is orderedbythe court to garnishthe wagesof anyemployee, or if the court orders the City to make payroll deductions from the wages of the employee in favor of the City or a third party, the City shall assess and collect against the employee' s regular salary 51 -57-
one dollar ($ 1.00) per deductionper pay periodto compensatethe Cityfor the costs of making such court -mandated payroll adjustments.
XIV. WORKWEEK, WORK SCHEDULES, OVERTIME, AND
COMPENSATORY TIME
A. WORKWEEK
1. An employee's workweek is a fixed and regularly recurring period of 168hours, i.e., sevenconsecutive 24-hour periods. It need not coincide with the calendar week but may be onanydayandat anyhourof the day. TheCitymayhavedifferentworkweeksfordifferent employeesorgroupsofemployees. TheCitymaychangetheemployees' workweek, butthe changes must be intended to be permanent and not designed to evade the overtime requirements. ThePersonnelDirector shall assigneach employee a regularworkweek.
B. WORK SCHEDULE
1. TheCityutilizesa 4110workweek. Regular, full-time employeesshall workfour (4) days, ten (10) hours each day, exclusiveof meal periods. Most regular, full-time employees will work one of the schedules listed below:
MondaythroughThursday7:00amto 6:00pmwitha60-minutemealperiod MondaythroughThursday7:00amto 5:30pmwitha 30-minutemealperiod MondaythroughThursday7:30amto 6:00pmwitha 30-minutemealperiod MondaythroughThursday7:30amto 6:30pmwitha 60-minutemealperiod a. The standard work schedule for all employees will be a 4110workweek. b. Alternative work schedules such as a 9/80 schedule, which is defined below, shall beconsidereddependingonclassification or department andwith approvalofthe City Manager.
1) 9/80 Schedule. Shall be forty ( 40) hours calculated on the basis of eight 80) hours within every two (2) week pay period.
2) Employees shall work (9) hours, 7:30 am to 5:30 pm with a 60-minute meal period Monday through Thursday.
3) Employees shall work eight ( 8) hours, 7: 30 am to 4: 30 pm on the working Friday.
4) Employees shall work alternating Fridays.
C. The City may change the workweek when public necessity or convenience so requires. The City shall give the employeeappropriatenotice of any proposed changes,in scheduled work shifts prior to implementation. Wheneverpossible, said notice shall be two (2) weeks priorto implementation. Regularwork schedules shall not be changedfor the purpose of avoidingpayment of overtime. Modifications may be made to the above schedule when work requirements dictate such, or on a case- 52 -58-
by -casebasiswhengoodcauseisestablishedbyanindividualemployeebasedona documentedneed. Anyrequestsfor modificationmustbereceivedbythe Personnel Director and approved by the City Manager. No modification may impose additional financial burden on the City.
2. Assignments:
a. Each employee shall have an approved work schedule.
b. Supervisors shall submit schedules to Department Heads for review.
C. Department Heads shall submit proposed work schedules to the Personnel Director for review.
d. Proposedwork schedules shall go to the City Managerfor final review and approval.
e. Employeesmay request schedule changes not more than once everyfiscal year.
3. Management reserves the right to set schedules to accomplish the work tasks; exceptions may be considered.
4. No work schedule shall be proposed or approved which imposes an additional financial burden on the City for overtime or otherwise.
5. FLSA Requirements:
a. Supervisors responsible for scheduling shall ensure that full time schedules meet FLSArequirements and providefor a forty (40) hour work week in accordance with Section A, above, of this Rule.
b. During holiday periods, supervisors shalt ensure that vacation, holiday, floatingholiday, compensatorytime, or administrativeleavehoursareusedto make a full forty ( 40) hour work week for full- time employees.
C. PAY PERIODS
1. Employees shall be paid every two ( 2) weeks.
2. AllCityemployeesshallbeonthesamepayperiod. Timesheetsaredueby2:00p.m. on the Wednesday of the second week to the City Manager.
3. Stepincreasesof promotionsshallbeeffectiveatthe beginningofthe payperiodin which they fall.
D. OVERTIMEPOLICIES -AUTHORIZATIONOF OVERTIME
1. POLICY: As a matter of general policy, the Citywill make reasonable efforts to provide adequatestaff to handle normal operations. However, FLSAnon-exempt employeeswill be 53 -59-
compensated for overtime hours they are required to work at the discretion of the Department Head, with the prior approval of the City Manager.
2. DEFINITION: Overtime for non- exempt employees is defined as all hours actually worked in excessof forty (40) hours in the employee's designatedworkweek.
3. PRIOR AUTHORIZATION REQUIRED:
a. Prior authorization before working any overtime is required. Non- exempt employeesmaynotworkoutsideof scheduledworkinghoursor duringunpaidmeal periods, withoutthe priorwrittenauthorizationofhis/hersupervisoranddepartment head or director. Failure to follow these overtime authorization provisions will result in non-exempt employees being paid for legitimate overtime worked, while being subject to disciplinary action for failing to follow required procedures. b. Incertain limited situations, overtime maybe authorizedretroactively. Insuch situations, the non-exemptemployeemust notify a supervisor as soonas possibleof the overtime worked, and in no event later than the end of the following workday.
Overtime may be authorized under the following circumstances:
1) In emergency situations ( generally caused by inclement weather or disaster).
2) Tocomplete projectswhich arebegunone dayandwould be
difficult, awkward, or impossible to complete during regular working hours the next day.
3) In situations where a job completion is deemed essential by the Department Head or City Manager.
4. MANNER AND FORM OF COMPENSATION:
a. Overtime assigned and worked by non- exempt employees shall be compensated at time and one- half (1- 1/2) their regular rate of pay. b. The employee may request, and the supervisor shall have the unrestricted discretion to approve or not approve compensation in the form of accrued compensatory time at time and one-half (1-1/2) the employee's regular rate, except an employee may not accrue morethan eighty (80) hours compensatory time at any time without the approval of the Director or Department Head. With City Manager approval the maximum amount of accrued compensatory time may be extendedto one hundred twenty (120) hours. Selection of pay or compensatory time shall be made during the pay period in which the overtimehours are worked. Credited compensatory time spent shall betaken as time off except upon termination of the employee or as otherwise approved by the City Manager. A Director, Department Headand/or the City Managermay decide when an employee maytake all or part of his/ her accumulated compensatory time. Requests by an employee for the use of 54 -60-
accrued compensatory time shall be subject to the convenience of the City, to the extent authorized by law.
C. Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit salary increase periods.
5. ALLOCATION: Insofar as is feasible, allocation of overtime shall be equally distributed among employees of affected classifications.
6. REQUIRED ATTENDANCE AT TRAINING ON OFF -DAY. The City shall compensate non-exemptemployeeswho are requiredto attend training on an off -day in accordance with the FLSA rules. Exempt employees who attend training or conferences on their off day shall not receive in lieu off -days.
7. EXEMPT EMPLOYEES INELIGIBILITY: Exempt employees are not eligible for and shall not receive payment of overtime compensation or compensatory time.
8. CHANGE IN STATUS: An employee' s status as an exempt employee or non- exempt employee classification may be changed only upon written notification signed by the City Manager and Personnel Director.
E. CITY PAID HOLIDAYS
1. CITYPAIDHOLIDAYS: City paid holidaysfor full- time regularemployeesandfull-time probationaryemployeesandmanagementemployeesthatworka9/80schedulearenine (9) hours if the holiday falls on Mondaythrough Thursday, and eight (8) hours if the holidayfalls on the 8- hour Friday.
Citypaidholidaysforfull-timeregularemployeesandfull-time probationaryemployeesand management employees that work a 4/ 10 schedule are ten ( 10) hours if the holiday falls on Monday through Thursday.
2. HOLIDAYS FALLING ON 9/ 80 or 4/ 10 DAY OFF:
a. The City provides full- time probationary and regular employees and management employees with eight (8) hours of paid time for approved holidays for a 9/ 80 day off.
b. Eight (8) holidayhourswill accrueautomaticallyto full- time employeeson the City designated closed Friday for those on 9/ 80 schedule.
C. For the 4/ 10 schedule if a holiday occurs on the employee' s scheduled Friday off, or in the case of a holidayfalling on a Saturdaythat would then be observedon a Friday, the employeewill receivetheaccruedten (10) hoursholidayleaveaspartof their leave balances.
d. Regular, non- exempt full- time employees shall be compensated at time and one- half (1-1/2) for workingon anyCity paid holiday, evenif the hoursworked in that work week do not exceed forty hours.
55 -61-
e. Regularpart-time employees, temporary/part-time, seasonal, andemergency employeesarenot eligible for City -paid holidays or holiday pay. Howeverif they work on a City -paid holidaythey will receivetime and one-half (1-1/2).
F. USE OF PERSONALAND CITYVEHICLES FORCITYBUSINESS
Employeeswho are authorized by the City Managerto use their personal vehicles for City business will be reimbursed at the rate established by the Internal RevenueService for mileage reimbursement, except for those employees who receive a car allowance.
Employeesreceivinga car allowance will not be eligible for mileagereimbursement.
In the event of a vehicle accident while using a personal vehicle for City business, the employeewill be solelyresponsiblefor anyliabilityandwill needto relyon their personal automobile insurance coverage.
Unlessotherwise authorized bythe City Council, City vehicles areto be usedexclusivelyfor City -relatedbusinessin accordancewith the City's VehicleUsagePolicy. Employeeswho needto use a City vehicle overnight or for consecutive days, such as during conferences, must obtain prior approval from the City Manager.
Automobile Allowance
Thefollowing automobile allowances are providedto designatedemployees:
City Manager: $ 800 per month
Directors: $ 600 per month
Assistant Directors: $ 400 per month
All other staff members are expected to utilize City pool vehicles and adhere to the City's Vehicle Usage Policy ( Appendix 4)
XV. EMPLOYEE BENEFITS
A. VACATION
1. ACCRUAL: All full- time regular and probationary employees and management employees with continuous service shall accrue working vacation hours according to the following schedule:
Years of 0- 1 1- 2 2- 3 3- 4 4- 5 5- 6 6- 7 7- 8 8- 9 9- 10 Service
Annual
Hours 80 88 96 104 112 120 128 136 144 152
Accrued
2. Formorethan ten (10) yearsof service, employeesshall accrue 160hours ofvacation per year.
56 -62-
3. Accrual at the next highest incremental rate shall begin on the anniversary date of the first (1s') yearandeachyearthereafterthroughthetenth (10th) year, respectively. Thetotal vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service.
a. HOLIDAYS ON VACATION DAYS: In the event one or more municipal holidays fall within a vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays.
b. SCHEDULING: The time during the calendar year at which an employee may take vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the City. Vacation periodsfor DepartmentHeadsshall be as determinedand approvedby the City Manager or his/ her designee.
C. USE OF VACATION: A full- time employee shall accrue vacation but may not utilize such during the first six ( 6)- months of employment. d. CARRY-OVER OF VACATION: The maximum number of vacation days that may be carried overfrom one (1) calendaryearto the next is the equivalent of four hundred 400) hours. The accrual cap for vacation hours is 400 hours. e. VACATION BUY- BACK:
1. Full time employees may, at their discretion, cash out up to eighty 80) hours of vacation leave per fiscal year.
Employees must submit a written request for the buy- back to the Finance Department. No negative leave balances shall accrue as a result of a buy- back under this policy.
This buy-back programwill only be available if funding is providedfor this purpose in the City' s budget.
2. Leave Buy -Back Requests Beyond Established Limits: At the discretion of the City Manager, leave buy-back requests that exceed the established limits may be considered on a case -by -case basis.
Such requests must be submitted in writing and will only be approved if funding is available within the City's budget. Approval is at the sole discretion of the City Manager and subject to the financial constraints of the City.
f. PAYMENTON TERMINATION: In the event that an employee is discharged, or the employee otherwise terminates his/ her employment with the City, such employee shall be paid for any accrued vacation leaveand compensatory time off which has accrued within the limits specified above.
g. PART-TIME AND TEMPORARY EMPLOYEES:
57 -63-
Regular part-time employees, all other part-time/temporary employees, seasonal employees, and emergency employees shall not be eligible to receive vacation.
B. HOLIDAYS
1. Each full- time regular and probationary employees and management employees shall be entitled to the following holidays with pay:
a. New Years' Day - January 1
b. Martin Luther King Day - Third Monday in January
C. President' s Day - Third Monday in February
d. Memorial Day - Last Monday in May
e. Fourth of July
f. Labor Day - First Monday in September
g. Veterans' Day - November 11
h. Thanksgiving Day - Fourth Thursday in November
i. The day following Thanksgiving
j. Christmas Eve December 24
k. Christmas Day December 25
1. New Years Eve - December 31
2. Winter Closure ( the days between Christmas Eve and New Year's Day -December 24 through January 1 City Hall and Corporate Yard will be closed to the public). Employees are still expected to work on their regularly scheduled working days within this identified public closure, and are required to use their own leave balances for any of the days they take off within this identified closure that are not identified above as paid City holidays.
3. All other at -will employees are not eligible for holidays with pay.
4. One ( 1) personal holiday (9 hours) annually may be taken by an employee who has successfully completed probation, at his/ her convenience, subject to approval of the Department Head. Themaximum personal holidaysthat maybeaccrued is 45 hours. At the discretion of the City Manager, on a case -by -case basis, accrualsoverthe maximum maybe extendedfor the periodof six (6) months before lost. Inthe eventemployment is terminated with the City, a regular/non-probationary employeeshall bepaidfor personal holidayswhich have accrued within the limits specified above.
99 -64-
5. WEEKEND HOLIDAYS: City defined holidays which fall on a Saturday shall be observed the preceding workday. Holidays which fall on a Sunday shall be observed the following Monday, except as identified in section XIV.E.2.c
6. ENTITLEMENT TO HOLIDAY COMPENSATION:
Toreceiveholiday payfor a City holiday, employeesmust be on the payroll duringthe entire pay period during which such City holiday fell. " Entire pay period" shall mean that an employee must have been hired prior to or at the start of the pay period and not have separated prior to the end of the pay period and was paid for at least one-half (1/2) of the accountable hours.
Forthe purposesofthis paragraph, anemployeewhoisabsenton authorizedvacationwith pay or on accrued sick leaveshall be deemedto beemployed at such time.
C. SICK LEAVE
1. PURPOSEFORSICK LEAVE. Sick leave may be used by the employee to be absent from duty without the loss of payfor the diagnosis, care, or treatment of an existinghealth condition of, or preventivecare for, an employee or an employee's family member; or for an employee who is a victim of domestic violence, sexual assault, stalking or other crime, for the purposesdescribedin subdivision (c) of LaborCodeSection230 andsubdivision (a) of Labor Code Section 230. 1. ( For provisions on leave and reasonable accommodation for victims of crimes, see also Rule XVI, Section E.) Sick leave granted by the City under qualifying circumstances to promote the health and welfare of the individual employee and/ or to allow the employee to assist his/ her qualifying family member. Sick leave may not be used to take time off from work for non - qualifying reasons.
2. DEFINITIONS. For purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
a. " Employee's family member" meansanyof the following: an employee's child, spouse, registered domestic partner, sibling, parent, grandchild or grandparent; a child, sibling, parent, grandchild, or grandparent of the employee' s spouse or registereddomestic partner; or other members of the employee's family residingin the employee' s home or to whom the employee stands in loco parentis. " Family member" also includes a person whose close association with the employee is equivalent to a family relationship.
b. " Child" or " Children" means a biological, adopted, or foster child, stepchild, legalward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status.
C. " Parent" means a biological, adoptive, or foster parent, stepparent, or legal guardianof an employeeor the employee's spouseor registereddomestic partner, or a person who stood in loco parentis when the employee or his/her spouse or registered domestic partner was a minor child.
59 -65-
3. APPLICABILITY. All conditions and restrictions set forth herein upon the use by an employee of sick leave also shall apply to the use by an employee of sick leave to attend to an illness of a member of the employee' s family.
4. SICK LEAVE ACCRUAL
a. Full - Time Employees.
1) Beginningwith the date of hire or July 1, 2015, whichever occurs later, all management employees, full- time regular employees, and all full- time employeeson probationary status in a regular position shall accrue paid sick leave at the rate of eight ( 8) hours per month. Each full time regular employee andeachfull-time employeeon probationarystatus in a regularposition, shall accrue sick leave but may not utilize such until the 90th day of employment, after which day such employee mayuse paid sick daysas they areaccrued. 2) Unused sick leave may be accumulated and carried over to subsequent years, up to one thousand two hundred and fifty (1,250) hours maximum.
3) Paid sick leave does not continue to accrue once an employee has exhausted all paid leaves, such as during any period of time that an employee is on unpaid status including any unpaid leave of absence, or upon separation from employment.
b. Seasonal, Part -Time, Temporary, and other non full- time at -will employees shall be eligible for sick leave only in accordance with the City of Highland Part -Time andTemporaryEmployeesSickLeavePolicyset forth in AppendixC, attached hereto.
C. Sick leave granted by the City and used by an employee shall be deducted from the employee' s accrued sick leave balance.
d. Employeesgranted a leaveof absencewith pay or other approvedleavewith pay shall accrue sick leave as provided herein.
e. Sick leave shall not be accrued by an employee absent from duty after separation from City service, or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City.
5. SICK LEAVE USE - PROCEDURE ( NON- FMLA LEAVE)
a. If the need for paid sick leave is foreseeable, such as for medical appointments, the employee shall provide reasonable advance notification to his/ her supervisor. When an employee is incapacitated from the performance of his/ her duties for reasons that entitle him/ her to the use of sick leave not otherwise authorizedbythe federal FamilyMedical LeaveAct or California FamilyRightsAct, or other provisionof State or FederalLaw, or when the employee is neededto assist an ill or injured family member, he/she must notify his/her supervisor within thirty (30) minutes of the beginningof the workdaythat the employee is absent. If the needfor E
-66-
paidsick leaveis unforeseeable, the employeeshall providenoticeof the needfor the leave as soon as practicable.
b. An employee shall be responsible for informing his/ her supervisor of his/ her health status until he/ she returns to work.
C. Upon returning to work, each employee must submit a completed Personnel Action form approved bythe supervisorand forwarded to payroll. d. Sick leavebenefits may betaken in one -quarter (1/4) hour increments. e. An employee may be granted sick leave only in case of an actual qualifying reason as defined above. In the event that an employee or employee' s family member recovers from any such sickness after being granted sick leave, and during the regularlyscheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty. f. In order to apply for sick leave use, an employee shall notify the appropriate immediate supervisor within thirty ( 30) minutes of the beginning of the employee' s workday, unless the City determines that the employee's duties require more restrictive reporting. Failure to do so without good reason, such as emergency circumstances, may result in that day of absence being treated as leaveof absence without pay.
g. If the employee is absent on sick leave for more than one ( 1) day, the employee shall keep his/her immediate supervisor informed as to the date the employee expects to return to work.
h. Sick leave shall not be granted to any employee absent from duty after separationfrom City service, or duringaCity authorizedleaveof absencewithout pay, or anyother absence from duty not authorized bythe City. i. Sick leave shall not be grantedto any employeeto permit an extensionof the employee' s vacation.
j. Sick leave shall not be granted to any employee until the 90th day of the employee' s employment. However, on the 90th day of employment, the employee shall be credited with sick leave that would otherwise have been accrued during the probationary period as provided herein. Employees shall not be granted, and accordinglyarenotentitledto take, paidsickleaveinadvanceof itsaccrual. k. The City Manager or the Department Head may require the employee to submit a written verification that his/herabsence is for sick leavepurposesand may require submittal of a medical certification from a licensed health care provider at any time as to the employee's need for sick leave and the date of the employee's intended return to work. An absence on sick leave exceeding five ( 5) consecutive workingdaysor combinationof five (5) workingdayswhich incorporatea weekend e.g., Thursdayand Fridayplusweekend, or Fridayand Mondayincludingweekend) 61 -67-
must be supported documentation establishing the employee' s need for sick leave.
This requirement may be waived in the City' s discretion.
1. Employeesusingsick leavefor 5 or more consecutive daysmay berequiredto report on their status and intent to return to work.
M. In addition to the above, if, after reviewing an employee' s record of sick -leave usage, the City believes sufficient cause exists to suspect abuse of sick leave, a medical certificate may be requiredfor anysubsequent useof sick leave. Confirmed abuse or improper use of sick leave may be cause for disciplinary action. n. When approved in advance, paid sick leave may be used to attend medical, dental, or optical examinations or treatments, to the extent such appointments cannot be scheduled outside the workday.
o. Except as otherwise required by state or federal law, an employee on sick leavemust exhaustall other paid leaves, including, but not limited to, vacation leave and administrative leave, before sick leave may be taken without pay. This provision shall not apply to accrued compensatory time off.
P. Sick leave shall run concurrently with all other health -related but non -sick leavebenefits, including, but not limited to, leavefor worker's compensation injuries. q. If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.
r. Employees using leave under the Family Medical LeaveAct or -California FamilyRightsActfor the employee's ownserioushealthconditionshallbe required to use any accrued paid sick leave, which will run concurrently with FMLA/CFRA.
S. The City shall provide an employee with written notice that sets forth the amountof paidsickleaveavailable, for useoneitherthe employee's itemizedwage statement described in LaborCode Section 226 or in a separatewriting provided on the designatedpaydate with the employee's payment of wages.
6. SICK LEAVE BUY- BACK INCENTIVE; SEPARATION FROM EMPLOYMENT AND REHIRE
a. Anyregularfull-time employeemaybuy-backup to eighty (80) hoursof sick leaveon July1 (or the payperiod in which July 1falls). Theeighty (80) hourseligible to be bought back shall be reduced by each hour of sick leave taken in the preceding fiscalyear. Inno caseshallsuchbuy-backreduceanemployee's accumulatedsick leave balance below one hundred ninety- two ( 192) hours. b. LeaveBuy -Back RequestsBeyondEstablishedLimits: At the discretion of the City Manager, leavebuy-backrequeststhat exceedthe establishedlimits maybe consideredon a case -by -casebasis. Such requestsmust besubmitted in writing and will onlybeapprovedif fundingisavailablewithintheCity's budget. Approvalisatthe solediscretion of the City Managerandsubject to the financial constraints of the City. 62 -68-
C. Any regular full- time employee who separates ( for other than cause) or retires fromthe City, aftera minimumoften (10) yearsof serviceshallbecompensatedfor forty percent ( 40%) of all accrued unused sick leave at his/ her current rate of pay. d. Except as otherwise provided by this section, the City shall not compensate any employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. Tothe extent required by State law, if an employee separatesfrom the City and is rehired bythe Citywithin oneyearfrom the date of separation, previously accrued and unused paid sick days shall be reinstated; and the employee shall be entitled to use those previously accrued and unused paid sick days andto accrue additional paid sick days upon rehiring.
7. EXCESSIVE SICK LEAVE USAGE OR ABUSE OF SICK LEAVE:
a. An employee who is dishonest about sick leave and uses it for non -qualifying reasonsmay be subject to disciplinary action for abuse of sick leave.
8. FITNESS FOR RETURN TO WORK
TheCity may require, where permissible by law and appropriate under the circumstances, that an employee returning to work following an illness, injury or disability, the employee must obtain and present a certification from the health care provider stating that the employeeis ableto resumework. Failureto providesuch certification mayresult in denial of return to duties.
9. NON - RETALIATION.
Employeesshall not bedeniedthe useof accrued PaidSick Leave, when requestedand used for properpurposes, shall be free from threatsof discipline, and shall not be retaliated against for exercising their right to use accrued Paid Sick Leave.
D. FAMILY CARE AND MEDICAL LEAVE
1. POLICY: To the extent not already provided for under current leave policies and provisions, theCitywill provideleavesof absenceas requiredbythefederalFamilyand Medical Leave Act (" FMLA") and the California Family Rights Act (" CFRA") to eligible employees who wish to take time off from work duties to fulfill family obligations relating directlyto childbirth, adoption, or placementof afosterchild; to carefor afamilymember as defined below) with a serious health condition; for the employee's own serious health condition; for FMLA/CFRAmilitary qualifyingexigencyleave; orfor FMLAcaregiverleave. The followingprovisionssetforthcertainoftherightsandobligationswithrespectto suchleave.
Rightsand obligations which are not specifically set forth below shall be governedby and interpreted in accordance with the FMLA and CFRA, the Department of Labor regulations implementing the FMLA and the California regulations of the CFRA. Unless otherwise provided by this Section, " leave" or " FMLA/ CFRA leave" under this Section shall mean leave pursuantto the FMLAandCFRA. AstheFMLAandCFRAareamendedfromtimetotime, any provisioninthisPolicythatprovideslesserrightsthantheFMLAorCFRAshallbevoid, and the relevant statute shall govern.
63 -69-
2. DEFINITIONS. Thefollowing terms shall havethe following meaningsin this Section, except as otherwise specifically provided.
a. " 12- Month Period" means a rolling twelve ( 12) month period measured backward from the date leaveistaken and continuous with eachadditional leaveday taken.
b. " Caregiver leave;' for purposes of the FMLAonly, means leave to care for a spouse, son, daughter, parent, or "nextof kin" who isa coveredservicemember of the United States Armed Forces who has a serious injury or illness incurred in the line of dutywhile on active military duty orthat existed beforethe beginningof the member's activedutyandwasaggravatedbyserviceinthe lineofdutyduringactivedutyinthe Armed Forces (this leavecan run up to 26 weeks of unpaid leaveduring a single 12- month period). Caregiver leave is provided under the FMLAonly. 1) For caregiver leave under the FMLA only, see definition of " serious injury or illness" under Subsection ( h)(3) of this Section.
C. " Child," for purposesof the FMLAonly, meansa child undereighteen (18) years of age, or eighteen (18) years of ageor older who is incapable of self -care because of a mental or physical disability. An employee's child is a biological, adopted, foster or step- child, legalward, orachildforwhomtheemployeestandinginlocoparentis (in place of a parent). " Child" for purposesof FMLAmilitary caregiverleavedoes not have age restrictions.
1) A child is " incapable of self - care", for purposes of the FMLA only, if he/she requires active assistance or supervision to provide daily self -care in three (3) or more of the activities of daily living such as caring for grooming and hygiene, bathing, dressing, and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
d. " Child" means, for purposes of the CFRAonly, a biological, adopted, or foster child, a stepchild, a legalward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
e. " Covered family member" means, for the purpose of CFRAqualifying exigency Leaveonlyan employee's spouse, domesticpartner, child, or parentin the United States Armed Forces.
f. " Domestic partner;' for the purpose of the CFRA only, shall have the same meaning as defined in Family Code Section 297.
g. " Grandchild" means, for the purpose of the CFRA only, a child of the employee' s child.
h. " Grandparent" means, for the purpose of the CFRAonly, a parent of the employee' s parent.
-70-
i. " Health Care Provider" means:
1) A Doctor of Medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
2) Individuals duly licensed as a physician, surgeon or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treat or supervise treatment of a serious health condition;
3) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors ( limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-rayto exist) authorized to practice in California and performing within the scope of their practice as defined under California state law;
4) Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under California State law and who are performingwithinthescopeoftheir practiceasdefinedunderCaliforniaState law;
5) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; or
6) Anyhealth careproviderfrom whom anemployerorgroup health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
j. " Parent" means the biological, adoptive, or foster parent of an employee, a step- parent, a legalguardian, or an individual who stands or stood in loco parentis to an employee when the employee was a child. For purposes of CFRA leave only, a parent" also includes parents -in-law and parents of a domestic partner. k. " Qualifying exigency leave" means as follows:
1) Forpurposesof the FMLA, leavetakenfor anyof the following reasons:
a) Short - notice deployment. This includes leave taken to addressanyissue that arises becausea coveredmilitary member is notified of an impending call or order to active duty in support of a contingency operation sevenor lesscalendar days prior to the date of deployment. The leave may be used for a period of seven ( 7) calendar daysbeginningon the date a covered military member is notified of an impending call or order to active duty in support of a contingency operation.
b) Military events and related activities. This includes leave to attend an official ceremony program or event sponsored by the military 65 -71-
that is related to the active duty or call to active duty; and family support or assistanceprogramsand informational briefingssponsored or promoted by the military, military service organizations or the American Red Cross, that are related to the active duty or call to active duty.
c) Childcare and school activities. This includes leave to arrange alternative childcare when the active duty or call to active duty necessitates a change in childcare arrangements for a child; to arrange childcare on an urgent, immediate need basis when the need for care arises from the active duty or call to active duty status; to enroll or transfer a child to a new school or daycare facility; to attend meetings with staff at a school or a daycare facility regarding disciplinary measures, counseling, or parent -teacher conferences. Forpurposesof qualifying exigency leave, " child" means a child under 18, or a child age 18 or older and incapable of self - care because of mental or physical disability at the time the qualifying exigency leave commences. d) Financial and legal arrangements. This includes leave to make or update financial or legal arrangements to address the covered military member's absence while on active duty or call to active duty, to act as the covered military member' s representative before governmental agenciesto obtain, arrange, or appeal military service benefits while the covered military member is on active duty status, and for a period of 90 days following the covered military member' s active duty status.
e) Counseling. This includes leaveto attend counseling provided by someone other than a health care provider for oneself, for the covered military member, or for a child. The need for counseling must arise from the active duty or call to active duty status of a covered military member.
f) Rest and recuperation. This includes leave to spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during the period of deployment.
9) Post -deployment activities. This leave includes leave to attend arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for 90 days following termination of the covered military member's active duty status; and leave taken to address issues arising from the covered military member's death while on active duty such as meeting and recovering the body, making funeral arrangements.
-72-
h) Additional activities agreed to by the City and the employee.
Additional activities include leave to address other events arising out of the covered military member's active duty or call to active duty status. An employee shall not take leave for any additional activities not encompassed in subparagraphs ( 1) through ( 7) of this Section D.2.k, unless the City and the employee agree that the leave qualifies as an exigencyand agreeto the timing and duration of the leave. 2) Forpurposesof the CFRA, a "qualifying exigencyrelatedto the covered active duty or call to active duty of the employee's spouse, domestic partner, child, or parent (coveredfamily members) in the Armed Forcesof the United States", as specified in Section 3302. 2 of the Unemployment Insurance Code, including leave taken for any of the following reasons:
a) Activities undertaken within seven calendar days from the date that a covered family member is notified of an impending call or order to covered active duty to address any issue arising from that call or order;
b) Attendance at either or both of ( a) an official ceremony, program, or militarysponsoredeventrelatedto the activedutyor call to covered active duty of the covered family member; or (b) a family support or assistance program sponsored or promoted by the military, military serviceorganization, or the American RedCross relatedto the covered active duty or call to active duty of the covered family member; c) Childcare activities related to the active duty or call to active duty of a child for whom the spouse, domestic partner, child or parent in the Armed Forces of the united States stands in loco parentis, who is either not more than 18 years of age, or, if equal to or more than 18 yearsof age, is incapable of self -care becauseof a disability atthe time that the paid leaveisto commence, including arrangingfor alternative childcare or providing childcare on an urgent basis when such is necessitated by the covered active duty or call of the covered family member, enrolling ortransferring the child to a new school or day care facility, orattending meetingswith staff at the child's schoolor daycare facility. when anyof the foregoingare necessitatedby or arisefrom the coveredfamily member's active duty or call to coveredactive duty; d) Making financial or legal arrangements to address the absence of the covered family member on covered active duty;
e) Acting as the representative of the covered family member related to military service benefits while the coveredfamily member is on covered active duty or call to cover active duty;
67 -73-
f) Attending counseling provided by someoneother than a health care provider, for oneself, for a coveredfamily member in the Armed Forces, orfor a child for whom this person stands in loco parentis, who is either not more than 18years of age, or equalto or more than 18years of age and incapable of self - care because of a disability at the time that the paid leaveis to commence, if the needfor counseling arises from the covered active duty or call to covered active duty of the covered family member;
g) Accompanyinga coveredfamily memberwhile that individual is on short- term, temporary, rest and recuperation leave during a period of deployment in a foreign country;
h) Attending official ceremonies or reintegration briefings and events, and any other official programsponsored by the military for a period of 90 days following termination of covered active duty of a covered family member;
i) Addressing issues arising from the death of a covered family member while on covered active duty status;
j) Arranging for the care of a parent of a covered family member when that parent is incapable of self -care during the covered family member' s active duty, including ( a) arranging for alterative care for the parent becausethe coveredactive duty or call to coveredactive duty of the covered family member necessitates a change in the parent' s existing care arrangement; or (b) providing care for such parent on an urgent, immediate need basis when the need arises from the covered active duty of the covered family member; or ( c) admitting or transferringthe parent to a care facility when admission or transfer is necessitated by the covered active duty or call to covered active duty of the covered family member; or (d) attending meetings with staff at the parent's care facility when such meetingsare necessitated by the covered activity duty or call to covered active duty of the covered family member;
k) Anyother activities to address other eventsarisingout of the active dutyorcallto active duty of a coveredfamily member, providedthat the employer and employee agree that this leave shall qualify as an exigency and agree to both the timing and duration of the leave.
1. " Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves:
1) Inpatient Care ( i. e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity ( i. e., -74-
inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a) A period of incapacity ( i.e., inability to work, or perform other regular daily activities due to serious health condition of more than three ( 3) consecutive calendar days, and any subsequent treatment or period of incapacity relatingto the same condition, that also involves:
i) Treatment two ( 2) or more times by a health care
provider, by a nurse or physician' s assistant under direct supervision by a health care provider, or by a provider of health care services ( e. g., a physical therapist) under orders of, or on referral by a health care provider; or
ii) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example; a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
b) Any period of incapacity due to pregnancy or for prenatal care.
This entitles the employee to FMLA leave, but not CFRA leave. Under California law an employee disabled by pregnancy is entitled to pregnancy disability leave. See Rule WE for the City of Highland Pregnancy Disability Leave Policy.)
c) Any period of incapacity or treatment for such incapacity dueto a chronic serious health condition. A chronic serious health condition is one which:
i) Requires periodic visits for treatment by a health care provider, or by a nurse or physician' s assistant under direct supervision of a health care provider;
ii) Continues over an extended period of time ( including recurring episodes of a single underlying condition); and iii) May cause episodic rather than a continuing period of incapacity ( e. g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one ( 1) day.
-75-
d) 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. e) Any period of absenceto receivemultiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medic at intervention or treatment.
3) For caregiver leave under the FMLA only, " serious injury or illness" means an injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his/ her office, grade or ranking including:
a) in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness thatwas incurred bythe member in the line of dutyon active duty in the Armed Forces ( or existed before the beginning of the member' s active duty and was aggravatedby servicein the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to performthe duties of the member's office, grade, rank, or rating; or b) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy, means a qualifying injury or illness that was incurred bythe member in the line of duty on active duty in the Armed Forces ( or existed before the beginningof the member's active duty and was aggravatedby service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
M. " Sibling," for purposes of the CFRAonly, means a person related to another person by blood, adoption, or affinity through a common legalor biological parent. n. " Spouse"
1) " Spouse;' for purposes of the FMLA only, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been 70 -76-
entered into in at least one State. This definition includes an individual in a same - sex or common law marriage that either: ( i) was entered into in a State that recognizes such marriages; or (ii) if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
2) " Spouse," for purposes of the CFRAonly, means a partner in marriage as defined in Family Code Section 300 or a domestic partner within the meaningof FamilyCode Sections 297through 297.5, and includes same -sex partners in marriage.
3. REASONS FOR LEAVE: Leave is only permitted for the following reasons:
a. The birth of a child or to care for a newborn of an employee; b. Theplacement of a child with an employeein connection with the adoption or foster care of a child;
C. Leave to care for a family member who has a serious health condition; or d. Leave because of a serious health condition that makes the employee unable to perform the functions of his/ her position.
e. For military caregiver leave.
f. For qualifying exigency leave.
4. EMPLOYEESELIGIBLEFORLEAVE: An employee is eligible for leave if the employee:
a. Has been employed for at least twelve ( 12) months; and b. Has been worked at least one thousand two hundred fifty ( 1,250) hours during the twelve ( 12) month period immediately preceding the commencement of the leave.
5. AMOUNT OF LEAVE: For FMLA/CFRA leave, eligible employees are entitled to a total of twelve (12) work weeks of leaveduring anytwelve (12) month period. Forcaregiverleave, eligible employees may request up to a maximum of 26 weeks to care for a covered servicemember within a single 12- month period.
a. The City uses twelve (12) months rolling backwards from the date leave is requested to commence to calculate the twelve ( 12) month period. In most circumstances, FMLA and CFRA leave run concurrently. Where FMLA leave qualifies as both caregiver leave and care for a family member with a serious health condition, the leave will be designated as caregiver leave first.
b. For caregiver leave, if an eligible employee does not take all of his/ her 26 workweeks of leave entitlement to care for a covered servicemember during the single 12- month period," the remaining part of his/ her 26 workweeks of leave entitlement to care for the covered servicemember is forfeited. 71 -77-
C. Minimum Duration of Leave
1) If leave is requested for the birth, adoption, orfoster care placement of a child of the employee, leave must be concluded within one ( 1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two ( 2) weeks. However, an employee is entitled to leave for one of these purposes ( e. g., bondingwith a newborn) for at least one (1) day, but less than two ( 2) weeks' duration on any two occasions. 2) If leave is requested to care for a family member or the employee him/ herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisionsof this policy must be complied with.
d. Spouses Both Employed By the City - In any case in which both parents employedbythe Cityareentitledto FMLA, the aggregatenumberof workweeksof leaveto which both may be entitled may be limited to twelve (12) workweeksduring anytwelve (12) month period if leave istaken for the birth or placement for adoption or foster care of the employees' child ( i. e., bonding leave). This limitation does not applyto CFRAbondingleave, orto anyothertypeofleaveunderthispolicywhenboth spouses or domestic partners are employed by the City.
e. Relationship Between CFRA Leave and Pregnancy Disability Leave. If an employee is eligible for CFRA leave, the employee has certain rights to take both a PregnancyDisability leave and CFRAleavefor reasonof the birth of the employee's child. Normally, leavetakenunderCFRAand FMLArunconcurrently, exceptin the case of PregnancyDisability leave, which runs concurrently with FMLAonly. If an employeequalifies for both CFRAleaveand PregnancyDisability leavefor reasonof the birth of the employee' s child and/ or the employee' s own serious health condition, the maximum leave entitlement for both CFRA leave and Pregnancy Disability leave istheworkingdaysin 291/2workweeks. Thisassumesthat the employeeis disabled bypregnancyforfourmonths (theworkingdaysin17'/2weeks) andthenrequests, and is eligible for, a 12-week CFRA leave for reason of the birth of the employee' s child.
For more information on Pregnancy Disability Leave Policy, see Rule XV.E.)
6. EMPLOYEEBENEFITSWHILE ON LEAVE: Leave under this policy is unpaid. a. HEALTH INSURANCE BENEFITS: Subject to the terms, conditions, and limitations of the applicable plans, while on leave, an employee will continue to be covered by the City's group health insurance to the same extent that coverage was providedbeforethe employeewent on leave, fora period not to exceedthe maximum statutorytime from the initiation of the leave, or until such time as accrued paid sick leaveand other paid leavesprovidedfor under these Rulesareexhausted, whichever is later. However, employees will not continue to be covered under the City's non - health benefit planswhich are not providedpursuantto the City'sgroup health plans.
Grouphealthbenefits" shallincludemedical, vision, dental, longtermdisabilityand 72 -78-
life insurance coverage atthe levels determined, maintained, and paid for bythe City prior to the leave, but shall not includeexcesscontributionsotherwiseprovided through deferred compensation.
b. EMPLOYEE CONTRIBUTION: Employees may make the appropriate contributions for continued coverage under the preceding non -health benefit plans by payrolldeductionsor direct paymentsmadeto these plans. Dependingon the particularplan, the Citywill informthe employeewhetherthe premiumsshouldbe paidtothe carrierorto the City. Coverageona particularplanmaybedroppedif the employeeis more than thirty (30) days late in makinga premium payment. However, the employee shall be given at least fifteen (15) days notice before coverageis to cease, advisinghim/herthat he/shewill bedroppedif the premiumpaymentis not paidbyacertaindate. Employeecontributionratesaresubjectto anychangeinrates that occurs while the employee is on leave.
C. CITY RIGHT TO RECOVER: The City may recover its share of health plan premiumsfor the entire unpaid leaveperiodif both of the following conditions occur:
1) The employee fails to return from leave after the period of leave to which the employee is entitled has expired.
2) The employee' s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition of the employee or his/ her family member that entitled the employee to leave, or other circumstances beyond the control of the employee. d. ACCRUAL OF BENEFITSDURING FMLA/CFRA LEAVE. Any seniority and other benefits normally accrued during any period of paid leave, shall also accrue during anypartof a paid FMLA/CFRAleave. Seniorityandother benefitaccruals, suchas vacation, sick leave, or holiday benefits, will be suspended during any period of unpaid FMLA/CFRAleave. Upon the employee's return to work from FMLA/CFRA leave, the employee will have the same level of accrued leave balances that he/she had when the FMLA/ CFRA leave commenced, except as those accrued leave balances were reduced to provide the employee with paid FMLA/CFRAleave in accordance with this Section. Benefit accruals will resume upon return to active employment.
7. USEOF PAIDACCRUED LEAVES: While on leave under this policy, as set forth herein, an employee may elect to use paid accrued leaves to remain in a paid status during FMLA/CFRAleave. Similarly, the City may require an employee to concurrently use paid accrued leavesduring FMLAand/or CFRAleave, and may also require an employeeto use Familyand Medical Care Leaveconcurrentlywith a non-FMLA/CFRAleavewhich is FMLA/ CFRA- qualifying.
a. Employee' s Right to Use Paid Accrued Leaves Concurrently with FMLA/CFRA:
Where an employee has earned or accrued paid vacation, administrative leave, 73 -79-
compensatorytime, or otherpaidleavesuchas sick leave, that leavemaybeused during any (otherwise) unpaid leave under this policy.
1) With respect to sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
a) The leave is for the employee' s own serious health condition; or b) The leave is needed to care for a family member with a serious health condition, and would be permitted as sick leave underthe City' s sick leave policy.
b. City's Right to Requirean Employeeto Use Paid LeaveWhen Using FMLA/CFRA Leave: Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave, with two exceptions:
1) Employees are not required to use accrued compensatory time earned in lieu of overtime earnedpursuantto the FairLaborStandardsAct; and 2) Employeeswill only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee' s own serious health condition.
C. City' s Right to Require an Employee to Exhaust FMLA/ CFRA Leave Concurrently with Other Leaves:
1) If an employee takes a leave of absence for any reason which is FMLA/CFRAqualifying, the City maydesignatethat that leaveFMLA/CFRA. 2) When the circumstances of an employee' s long- term disability leave also constitute a serious health condition under the FMLAand/or CFRAleave, the City may designate such disability leave as a "serious health condition" and FMLA/CFRA- qualifying. Long-term disability leaveis aform of paid leave, and as a result, the provisions for substitution of the employee's earned or accruedpaidleavearenotapplicable, andneitherthe employeenortheCity mayrequirethe substitutionof paidleavesfor the durationof anysuchlong- term disability leave. However, the City and the employee may agreeto have accrued paid leaves supplement the employee' s long- term disability insurance plan benefits, up to (but not to exceed) the employee's full-time salary or wages. Temporary part- time employees, seasonal employees, emergency employees, or any other hourly employees are not eligible for benefits under the City' s Long -Term Disability Insurance Plan. 3) The City may designate a workers' compensation injury that also constitutes a " serious health condition" as FMLA/ CFRA- qualifying. As with paid short-term disability leave and long-term disability leave, workers'
compensation absence is not unpaid, and the provisions regarding 74 -80-
substitution of paidleavedo not apply. However, if permitted byCalifornia law, the City and the employee may agreeto have paid leaves (vacation, floating, sick, etc.) supplement the employee' s workers' compensation benefits up to but not to exceed) the employee' s normal full- time salary or wages ( or for hourly employees, notto exceedtheir regularhourlywageratecapped at their maximum hours). Time spent on leave while receiving Workers' Compensation benefits or disability benefits under the City's short term disability policy, may be counted toward the employee' s 12 weeks of FMLA/CFRA leave if the employee is otherwise an eligible employee under the FMLA/ CFRA. 4) An employee on FMLA/CFRA leave may also be eligible for payment of PaidFamily Leaveunder California law. Interestedemployeesshould contact the California Employment Development Department ( EDD) for information at http:// www. edd. ca. gov/ or 1- 877- 238- 4373 ( telephone) or 1- 800- 445- 1312 TTY). TheCitydoesnot administer this program, andis not responsiblefor any decisions made by the EDD.
d. City's and Employee's Rightsif an EmployeeRequestsAccrued LeaveWithout MentioningEitherthe FMLAor CFRA: If an employeerequeststo utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifyingpurpose, theCitymaynotasktheemployeeiftheleaveisfora FMLA/CFRA qualifyingpurpose. If the City has reasonto believethat the leaveis FMLA/CFRA qualifying, thenit shallprovidetheemployeewiththe necessarypaperworkandmay designate the leave as FMLA/ CFRA even if the employee does not explicitly make such a request. If the City denies the employee' s request and the employee provides information that the requested time off is for a FMLA/ CFRA qualifying purpose, the City may inquire further into the reasonfor the absence, but shall never request or require a medical diagnosis. If the reason is FMLA/CFRA qualifying, the City may require the employee to exhaust accrued leave as described above.
8. MEDICAL CERTIFICATION: Employees who request FMLA/ CFRA leave for their own serious health condition, or to care for a family member who has a serious health condition, for caregiverleave, or for qualifying exigencyleave, must providewritten certification from the health care provider in accordance with this Section. a. Contents.
1) Diagnosis. The Certification should not disclose the underlying diagnosis of any serious health condition involvedwithout the consent of the patient in accordance with California and federal law. For information that may be requested in connection with a second opinion, see sub -section (d) below.
2) Information Required for Employee' s Own Serious Health Condition.
Employees who request leave for their own serious health condition ( or for substance abuse leave), must provide certification from the employee' s 75 -81-
health care provider, containing the following information: the date on which the serious health condition began; the probable duration of the serious health condition; and a statement by the health care provider that, due to the serious health condition, that the employee is unable to work at all or is unable to performthe essentialfunctionsof his/herposition. TheCertificationshall be either a Form WH- 380-E, issued by the U.S. Department of Labor; a form issued bythe California Civil Rights Department; or the City form seekingthe same information.
3) Information Required for Family Member' s Serious Health Condition.
Employees who request leave to care for a family member who has a serious health condition ( or for substance abuse leave), must provide a certification from the family member's health care provider, containing the following information: the date on which the serious health condition began; the probable duration of the serious health condition; an estimate of the amount of time that the health care provider believesthe employee needsto care for the individual requiring the care; and a statement that the serious health condition warrants the participation of a family memberto provide care during the period of the treatment or supervision of the individual requiringcare. The Certification shall be either a Form WH- 380- F, issued by the U.S. Department of Labor; a form issued by the California Civil RightsDepartment; or the City form seeking the same information.
4) Information Required for Caregiver Leave. Employees who request a Caregiver Leave must submit a certification completed by an authorized health care provider of the covered servicemember as specified in the implementing regulations. The Certification shall be either a Form WH-385, issued bythe U.S. Department of Labor; a copy of an Invitational TravelOrder ITO) or Invitational Travel Authorization ( ITA) issued to any member of the covered servicemember' s family; or the City form seeking the same information. A complete and sufficient certification to support a request for Caregiver Leave must include written documentation confirming that the covered servicemember' s injury or illness was incurred in the line of duty on active duty and that the covered servicemember is undergoingtreatment for such injury or illness by a health care provider. The certification should be limited to the condition for which the employee is seeking leave.
Authentication and/ or clarification of the certification may be required by the City. Second or third medical opinions and recertifications may not be requested. The City may require an employee to provide confirmation of covered family relationship to the seriously injured or ill servicemember. 5) Information Required for Qualifying Exigency Leave. The first time an employee requests leave because of a qualifying exigency, the employee shall provide a copy of the covered military member's active -duty orders or other documentation issued bythe militarywhich indicates that the covered military 76 -82-
member is on covered active duty, and the dates of the covered military member' s covered active duty. A copy of new active -duty orders or similar documentation shall be provided to the City if the needfor leavebecauseof a qualifying exigencyarises out of a different active duty or call to active -duty status of the same or a different covered military member. The Certification shall be either a completed certification Form WH- 384, issued by the U.S.
Department of Labor, or the City form seeking the same information. If the qualifying exigencyinvolves meeting with a third party, the City may contact the individual or entity with whom the employee is meeting to verify the meetingor appointment schedule andthe natureof the meeting. TheCity may contact the Department of Defense to request verification that a covered military member is on active duty or call to active -duty status. b. Time to Provide a Certification. When the need for leave is foreseeable, the employee should submit the certification at the time the employee gives notice of the need for FMLA/ CFRA leave or within five ( 5) business days after submitting his/ her request for FMLA/CFRA leave. In the case of unforeseen leave, the employee should submit the certification within five ( 5) business days of his/ her determination of the need for FMLA/ CFRA leave or within five ( 5) business days after unforeseen FMLA/CFRAleave commences, whichever occurs first. When an employee' s leave is foreseeable and at least thirty ( 30) days' notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins, unless it is not practicable for the employee to do so despite the employee's good faith efforts. Whenthis is not practicable, the employeemust provide the requested certification to the Citywithin the time frame requested bythe City (which must allow at least fifteen ( 15) calendar days after the employer' s request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts.
C. Consequences for Failure to Provide an Adequate or Timely Certification. If an employee provides an incomplete or insufficient certification, the City will advise him/herinwriting asto what additional information is required, andthe employeewill have seven (7) calendar days (or longer, if unable to comply in that time frame despite the employee' s diligent good faith efforts) to complete and return the form. 1) However, if an employee fails to provide a medical certification within the time frame established by this policy and the law, the City may delay or denythetakingof FMLA/CFRAleave untilthe required certification is provided. 2) With regard to CFRA leave, if an employee never produces the required certification or recertification for CFRA Leave, the leave is not CFRA Leave. 3) The City may directly contact an employee' s health care provider only to authenticate or clarify information provided on a certification form without first obtaining the employee's permission. In compliance with the FMLAand its regulations, and to protect the medical privacy of the employee, or his/ her 77 -83-
family member, if the City determinesthat it is necessaryto contact the health care provider, only a person employed in one of the following employment categories may contact the health care provider: the City's health care provider; the City's Personnel Director; or an employee(s) of the Personnel Department charged with administering the City' s leave policies. The employee' s direct supervisor shall not contact the health care provider of the employee or family member. If the employeefails to providethe City with an authorization allowing the City to clarify the certification with the health care providerand does not otherwise clarify the certification and the certification is unclear, the City may delay or deny the taking of FMLA/CFRA Leave. d. Second and Third Medical Opinions.
1) Employee' s Own Serious Health Condition ( excluding Pregnancy Disability; see Rule WE). Ifthe City has a good faith, objective reason to doubt thevalidity of a medical certification providedbythe employeefor his/herown serious health condition ( except those involving pregnancy disability), the City may require a medical opinion by a second health care providerchosen and paid for by the City. The health care provider designated or approved by the City will not be employed on a regular basis bythe City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the second and/ or third health care opinions, or a recertification. An employee must authorize the release of relevant medical information pertaining to the condition for which leave is being sought to the second opinion or third opinion health care provider. If the employee fails to do so, approval of his/ her request for FMLA/ CFRA Leave may be delayed or denied. 2) Caregiver Leave. Second or third medical opinions and recertifications may not be requested.
e. Recertification. Upon expiration of the time period which the health care provideroriginallyestimatedthattheemployeeneededforhis/herownserioushealth condition, the employee may be askedto obtain recertification if additional leaveis requested. TheCity mayrequest recertifications as otherwise authorizedbythe FMLA and/or CFRA. Failure to provide recertification may result in delay or denial of continuation of FMLA/CFRA Leave. An employee may request a copy of the health care provider' s opinions when there is a recertification. f. Intermittent Leave or Leave on a Reduced Leave Schedule. Leave may be taken in several blocks of time, intermittently, or on a reduced work schedule when medically advisable. If an employee requests intermittent leave (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. " Medically necessary" means there must be a VIV
-84-
medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. If intermittent leave is requested, the City may limit leave increments to the shortest period of time that the City's payroll system uses to account for absences or use of leave. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternative position of equivalent pay and benefits that better accommodates the leave schedule.
9. EMPLOYEE NOTICE OF LEAVE: Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are requiredto give as much notice as possible of their need for leave. Such notice may be orally given. Verbal notice should be sufficient to make the City aware that the employee needs FMLA/CFRA- qualifying leave, andthe anticipated timing and duration of the leave. a. Foreseeable Leave -- 30 Days Advance Notice. If leave is foreseeable, at least thirty (30) days' notice is required basedonanexpectedbirth, placementfor adoption or foster care, or planned medical treatment for a serious health condition of the employeeor a family member, or the planned medical treatment for a serious injury or illness of a covered servicemember. In addition, if an employee knows that he/ she will need leave in the future but does not know the exact date( s) ( e. g., for the birth of a child or to take care of a newborn), the employee shall inform his/ her supervisor as soon as possible that such leave will be needed. If the City determines that an employee' s notice is inadequate orthe employee knewaboutthe need forthe request 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. The employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to the operations of the City. Anysuch scheduling, however, shall besubject to the approval of the health care provider of the employee or the employee' s family member. 1) For foreseeable leave due to a qualifying exigency notice must be providedas soon as practicable, regardlessof how far in advance such leave is foreseeable.
2) In those cases where the employee is required to provide at least 30 days' notice of foreseeable leave and does not do so, the employee shall explain the reasons why such notice was not practicable upon a request from the employer for such information.
b. Unforeseeable Leave or 30 Days Not Practicable. If the need for leave is unforeseeable, or 30 days' notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.
When the need for leave is not foreseeable, an employee must still comply with the City's usualand customary notice and proceduralrequirementsfor requestingleave, absent an emergency or unusual or unforeseen circumstances. 79 -85-
1) Notice maybe givenbythe employee's representativeor designee (e.g., spouse, adult family member, or other responsible party) if the employee is unable to do so personally.
C. Leave Due to Emergency or Unforeseen Circumstances. The City shall not deny FMLA/ CFRA leave, the need for which is an emergency or is otherwise unforeseeable, on the basis that the employee did not provide advance notice of the needfor the leave, so long as the employee provided notice to the City as soon as practicable.
10. CITY REVIEW AND DETERMINATION. Upon receipt of an employee' s request for FMLA/ CFRA leave, the Personnel Office shall review the request, and, when applicable, the, medical certification and determine ( a) if the employee is eligible, ( b) if the notification/ certification is sufficient, ( c) if the employee is eligible for or required to take any paid leave, and (d) if the leave is intermittent (alternate schedule, duration, etc.). The City shall respond to the leave request as soon as practicable and in any event no later than five 5) businessdays after receivingthe employee's request, as provided in Subsection (a) and b). TheCity shall attempt to respondto the leaverequestbeforethe date the leaveis due to begin. Once given, approval shall be deemed retroactive to the date of the first day of the leave. Upon determination, the Personnel Office shall notify the employee in accordance with the following procedures.
a. Notice of Eligibility and Notice of Rightsand Responsibilities: The Personnel Office will notify the employee of the employee's eligibility to take FMLA/CFRAleave.
Notice shall be givento the employeewithin five (5) business days of receivingthe request, or within five ( 5) business days of when the City acquires knowledge that an employee' s leave may be for an FMLA/CFRA-qualifying reason, absent extenuating circumstances. The eligibility notice may be given orally or in writing. The City shall also givewritten notice to the employee of his/her rights and responsibilities under the FMLA/CFRA, including the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. b. Designation Notice: The City will notify the employee in writing of the designation of leave as FMLA leave, CFRAleave, and/ or both FMLA and CFRA leave.
Notice shall be givento the employeewithin five (5) business days of when the City has enough information to determine whether the leave is being taken for a FMLA/CFRA-qualifying reason, absent extenuating circumstances. If the City has enough information to provide a designation notice when the City gives the employee his/ her notice of eligibility, the City will give the designation notice at that time.
C. At the time that the City notifies the employee of the designation of FMLA/CFRA leave, the City will notify the employee whether the employee' s request to use earned or accrued leave has been granted, and/ or whether the Citywill require the employee to use any earned or accrued paid leave concurrently with the FMLA/ CFRA Leave for which the leave is FMLA/ CFRA- qualifying. -86-
d. If the amount of leave needed is known at the time the City designates the leave as FMLA/CFRA-qualifying, the City will notify the employee of the number of hours, days, or weeks that will be counted against the employee' s FMLA/CFRAleave entitlement in the designation notice. If it is not possible to provide the hours, days, or weeks that will be counted against the employee' s FMLA/ CFRA leave entitlement such as in the case of unforeseeable intermittent leave), then the City will provide notice of the amount of leave counted against the employee' s FMLA/CFRA leave entitlement upon the request bythe employee, but no more often than once in a 30- day period and only if leave was taken in that period.
11. RETROACTIVE DESIGNATION OF FMLA/ CFRA LEAVE.
a. TheCity maynot retroactivelydesignateleaveas FMLA/CFRALeaveunless:
1) TheCity learns for the first time that leaveis for a FMLA/CFRApurpose after such leave has begun, such as when an employee gives notice of the needfor an extension of paid leave (e.g., vacation) with an unpaid FMLA/CFRA leave. In such a situation, the entire period of paid leave may be retroactively counted as FMLA/CFRAleave forthe period of the leave that was FMLA/CFRA- qualifying; or,
2) TheCity ultimately confirms leaveas FMLA/CFRA- qualifyingand knew the reason for the leave but was unable to determine if the leave qualified under the FMLA and/ or CFRA.
b. TheCity mayalso retroactivelydesignateleaveas FMLAand/or CFRALeaveto the extent otherwise authorized or required by federal and state law.
12. REINSTATEMENT UPON RETURN FROM LEAVE
a. Right to Reinstatement. Upon expiration of leave, an employee is entitled to be reinstatedto the same position of employment held when the leavecommenced, or, if that position is not available ( e.g., due to elimination of the position or reduction in force unrelated to the employee' s leave), to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment, unless:
1) there is no equivalent job available; ( 2) filling the equivalent ( substantially similar) job would substantially undermine the City's ability to operate safely and efficiently; or (3) other grounds set out in the FMLAand/or CFRA. If an employee is no longer qualifiedfor his/her prior positionbecauseof the employee's inabilityto attenda necessary course, renew a license, etc., as a result of the leave, the employee shall begivenareasonableopportunityto fulfill thoseconditionsuponreturntowork. (For discussion of reinstatement of key employees, see subsection ( d) below.) 1) An employee' s use of FMLA/ CFRA leave will not result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA/ CFRA leave. However, employees have no greater rights to Wk
-87-
reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed duringthe FMLA/ CFRA period. 2) If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employeeand City, the employeewill be reinstated within two businessdays, where feasible, after the employee notifies the employer of his/ her readiness to return.
3) Upon request, the City will provide the employee a guarantee of employment in the same or an equivalent job with equivalent pay, benefits, and other employment terms and conditions upon returning from leave. b. Employee' s Obligation to Periodically Report on Status. Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
C. Return to Work Certification. As a condition of reinstatement of an employee whose leave was due to the employee' s own serious health condition, which made the employee unable to perform his/ her job, the employee must obtain and present a certification from the health care providerthatthe employee is able to resume work.
Failure to provide such certification will result in denial of reinstatement. If an employee is on an intermittent or reduced leave schedule, the City may request a certification of fitness to return to duty for such absences up to once every thirty ( 30) days if reasonable safety concerns exist regarding the employee' s ability to perform his/ her duties, based on the serious health condition for which the employee took such leave. " Reasonable safety concerns" means a reasonable belief of significant risk of harm to the individual employee or others. In determining whether reasonable safety concerns exist, the City will consider the nature and severityof the potential harm and the likelihood that potential harm will occur.
13. FAILURE TO RETURN FROM FMLA/ CFRA LEAVE. If an employee fails to report to work promptly at the endof the approvedleaveperiod, the Citywill assumethat the employeehas resigned. In such event, the City will notify the employee of its intention to treat the employee' s failure to return as a resignation from employment. If the employee does not respond within five ( 5) business days of written notification sent bythe Cityto the employee' s last known address on file with the City and, provide justifiable reason(s) for his/ her failure to return to work, the employee will be separated from employment based on resignation.
14. EXTENSION OF FMLA/ CFRA LEAVE. If an employee wishes to request an extension of leave due to the continuation, recurrence, or onset of his/ her own serious health condition, or of the serious health condition of the employee' s family member the employee must submit a request for an extension in writing and may be required to provide subsequent re -certifications. This written request and re -certification ( if applicable) should be made as IM
-88-
soon as the employee realizesthat he/she will not be able to return at the expiration of the leaveperiodin accordancewiththeCity'sgeneralleaveof absencepolicy (RuleXVI).
15. REQUIRED FORMS AND PROCEDURES
Employees must fill out the following applicable forms in connection with leave under this policy:
a. " Request for Family Leave Form". Eligible employees should submit a request for FMLA/CFRA leave to their supervisors at least thirty ( 30) days in advance of foreseeableeventsandas soonas possiblefor unforeseeableevents. A requestdoes not have to be in writing, but a written request will assist the City in evaluating the employee' s request. ( Employees may obtain a Request for Family Leave Form from the Personnel Department.) Failure to comply with the notice requirement is grounds for, and may result in, deferral of the requested leave until the employee complies withthe policy. (NOTE: Employeeswill receiveaCityresponseto theirrequest, which will set forth certain conditions of the leave).
b. " Certification Form". The City requires a Certification Form for the employee' s own serious health condition, for the serious health condition of a family member, for caregiver leave, or for qualifying exigencyleave. Employeesrequesting FMLA/CFRA Leavefor any eligible reason are required to submit a completed " Certification of Physician or Practitioner" form, (" Certification"). Forms may be obtained from the Personnel Department. The employee should submit the Certification within five (5) business daysafter submitting his/her request for FMLA/CFRAleavewhere the need for leave is foreseeable; and within five ( 5) business days of determination of an unforeseen need for FMLA/ CFRA leave or within five ( 5) business days after unforeseen FMLA/CFRA leave commences, whichever occurs first. If an employee providesanincompleteor insufficientCertification, theCitywill advisehim/herin writingas to what additionalinformationis required, andthe employeewill have seven (7) calendar days (or longer, if unable to comply in that time frame despite the employee' s diligent good faith efforts) to complete and return the form. If an employee fails to provide a Certification within the time frame established by this policyandthe law, the Citymaydelayor denythetakingof FMLA/CFRALeaveuntil the required Certification is provided.
1) The Certification should not disclose the underlying diagnosis of any serious health condition.
2) Information Required for Employee' s Own Serious Health Condition.
Employees who request leave for their own serious health condition ( or for substance abuse leave), must provide Certification from the employee' s health care provider, containing the following information: the date on which the serious health condition began; the probable duration of the serious health condition; and a statement by the health care provider that, due to the serious health condition, that the employee is unable to work at all or is unable -89-
to performthe essentialfunctionsof his/herposition. TheCertificationshall be either a Form WH- 380- E, issued by the U.S. Department of Labor; a form issued bythe California Civil RightsDepartment; or the City form seekingthe same information.
3) Information Required for Family Member' s Serious Health Condition.
Employees who request leave to care for a family member who has a serious health condition ( or for substance abuse leave), must provide a Certification from the family member's health care provider, containing the following information: the date on which the serious health condition began; the probabledurationofthe serioushealthcondition; anestimateofthe amount of time that the health care provider believesthe employee needsto care for the individual requiring the care; and a statement that the serious health condition warrantsthe participation of afamily memberto providecareduring the periodofthetreatmentorsupervisionoftheindividualrequiringcare. The Certification shall be either a Form WH- 380-F, issued by the U.S. Department of Labor; a form issued by the California Civil RightsDepartment; or the City form seeking the same information.
4) Information Required for Caregiver Leave. Employees who request a Caregiver Leave must submit a Certification completed by an authorized health care provider of the covered servicemember as specified in the implementingregulations. TheCertificationshall beeithera FormWH-385, issuedbytheU.S. Departmentof Labor; acopyof anInvitationalTravelOrder ITO) or Invitational Travel Authorization ( ITA) issued to any member of the covered servicemember' s family; or the City form seeking the same information. A complete and sufficient Certification to support a request for Caregiver Leave must include written documentation confirming that the covered servicemember' s injury or illness was incurred in the line of duty on active duty and that the covered servicemember is undergoingtreatment for such injuryor illnessby a healthcare provider. TheCertificationshould be limited to the condition for which the employee is seeking leave.
Authentication and/ or clarification of the Certification may be required by the City. Secondor third medical opinions and recertificationsmay not be requested. The City may require an employee to provide confirmation of covered family relationship to the seriously injured or ill servicemember, which maytake the form of a simple statement from the employee, or a child' s birth certificate, a court document, etc. The City is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose. 5) Information Required for Qualifying Exigency Leave. The first time an employee requests leave because of a qualifying exigency, the employee shall provide a copy of the covered military member's active -duty orders or other documentation issued bythe militarywhich indicates that the covered military -90-
member is on covered active duty, and the dates of the covered military member' s covered active duty. A copy of new active - duty orders or similar documentation shall be providedto the City if the needfor leave becauseof a qualifying exigencyarises out of a different active duty or call to active -duty status of the same or a different covered military member. The Certification shall be either a completed certification Form WH- 384, issued by the U.S.
Department of Labor; a form issued by the California Civil Rights Department; or the City form seeking the same information. If the qualifying exigency involves meetingwith a third party, the City may contact the individual or entity with whom the employee is meeting to verify the meeting or appointment schedule and the nature of the meeting. The City may contact the Department of Defense to request verification that a covered military member is on active duty or call to active - duty status.
6) Time to Provide a Certification. When an employee' s leave is foreseeable and at least thirty ( 30) days' notice has been provided, if a Certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested Certification to the City within fifteen ( 15) calendar days after the City' s request, unless it is not practicable underthe particular circumstances to do so despite the employee' s diligent, good faith efforts, or the City agrees in writing to allow the employee more than 15 calendar days to return the requested Certification.
7) Consequences for Failure to Provide an Adequate or Timely Certification. If an employee provides an incomplete Certification the employeewill be givena reasonableopportunity to cure anysuch deficiency.
However, if an employee fails to provide a Certification within the time frame established bythis policy, the City maydelaythe taking of FMLA/CFRALeave until the required Certification is provided. The City may directly contact an employee' s health care provider only to authenticate or clarify information provided on a Certification form without first obtaining the employee' s permission. In compliance with the FMLAand its regulations, and to protect the medical privacy of the employee, or his/her family member, if the City determines that it is necessary to contact the health care provider, only a personemployed in one of the following employment categories maycontact the health care provider: The City' s health care provider; the City' s Personnel Manager, or an employee( s) of the Personnel Department charged with administeringthe City's leave policies. Theemployee's direct supervisor shall not contact the health care provider of the employee or family member. If the employeefails to provide the City with an authorization allowing the City to clarify the certification with the health care provider and does not otherwise clarify the certification and the certification is unclear, the City may denythe taking of FMLA/ CFRA Leave.
-91-
C. Authorization for payroll deductions for benefit plan coverage continuation; and
d. Fitness for Duty to Return from Leave Form.
16. POSTINGOF FMLAAND CFRA RIGHTSAND RESPONSIBILITIES.
Ageneralnoticeof theprovisionsof the FMLAandCFRAis postedbythe Cityin eachofthe following locations:
a. HighlandCity Hall, 27215 BaseLine, Highland, CA92346; b. Highland Corporation Yard, 7935 Central Avenue, Highland, CA 92346; C. TheCity also posts a general notice about the provisions of the FMLA/CFRA on its website. A copy of the general notice is may also be obtained from the Administrative Services Department.
E. PREGNANCY DISABILITY LEAVE
1. POLICY. Thefollowingpolicyis establishedin compliancewith the requirementsof the California Disability Leave Law (" PDL") set forth in California Government Code Section 12945 et seq., and applicable State regulations. The City will provide a pregnant employee with a leave of absence without pay for up to the number of hours the employee would normally work within four months (or one-third of year, or 17-1/3 weeks) when the employee isdisabled bypregnancy, childbirth, and relatedmedical conditions. Eligibleemployeesmay also request temporary transfers and reasonable accommodations due to pregnancy, childbirth, or related medical conditions, if requested, supported by proper medical certification where permitted by law, and otherwise qualifying as reasonable accommodation. Retaliation against employees for taking Pregnancy Disability Leaveis prohibited by law and City policy.
Rightsand obligations which are not specifically set forth below shall be as specified in the Government Code and implementing regulations.
2. DEFINITIONS. Thefollowing terms shall havethe following meanings in this Section, except as otherwise specifically provided.
a. " Comparable position" means a position that involves the same or similar duties and responsibilities and is virtually identicalto the employee' s original position in terms of pay, benefits, and working conditions.
b. " Disabled by pregnancy" means any employee who, in the opinion of the employee' s health care provider, is unable because of pregnancy or pregnancy - related conditions to perform any one or more of the essential functions of the employee's job or to perform any of these functions without undue risk to the employee, to the pregnancy's successful completion, or to other persons. Examples mayinclude an employeewho is sufferingfrom severemorningsickness or needsto taketime off for prenatalor postnatal care, bedrest, gestational diabetes, pregnancy- -92-
induced hypertension, preeclampsia, post- partum depression, childbirth, loss or end of pregnancy, or recovery from childbirth, loss, or end of pregnancy, as determined by the employee's health care provider. PDLis a separate benefit from California' s Reproductive Loss Leave.
C. " Essential functions" has the same meaning as set forth in Government Code Section 12926( f), as amended from time to time.
3. ELIGIBLE EMPLOYEES.
a. All employees who are or have been pregnant are eligible for Pregnancy Disability Leave (" PDL"), temporary transfer or temporary reasonable accommodation under this Section. There is no minimum length of service requirement before an employee disabled by pregnancy, childbirth or a related condition is entitled to Pregnancy Disability Leave.
4. REASON FOR LEAVE.
a. To be eligible for Pregnancy Disability Leave, the employee must be disabled by pregnancy, childbirth, or related conditions, as defined by law. b. The PDL allowance includes time taken ( with or without pay) for any of the following reasons.
1) The employee is unable to work at all, is unable to perform any one or more of the essential functions of the employee' s job, or is unable to perform anyone or more of the essentialfunctions of herjob without undue riskto the employee, the successful completion of pregnancy, or to other persons, because of pregnancyor childbirth or because of any medically recognized physical or mental condition that is related to pregnancy or childbirth including severe morning sickness); or
2) The employee needs to take time off for prenatal care.
5. DURATION OF LEAVE AND CONDITIONS.
a. Full- time Employees. For full- time eligible employees, Pregnancy Disability Leavemaybetakenfor up to the numberof hoursthe employeewould normallywork within four ( 4) calendar months ( one- third of a year, or 17- 1/ 3 weeks). For a full- time eligible employee who works forty ( 40) hours per week, " four months" means 691 hours of leave entitlement based on 40 hours per week time 17-1/ 3 weeks. If an employee' s schedule varies from month to month, a monthly average of the hours worked over the four months prior to the beginning of the leave shall be used for calculating the employee' s normal work month.
b. Part -Time Employees. An employee who works less than forty ( 40) hours per week will receive a pro rata or proportional amount of PDL.
E:VA
-93-
C. Variable Schedule. For employees who work on a variable work schedule, the number of working days that constitutes " four months" is calculated on a pro rata or proportional basis.
d. Extension. If the initial period of Pregnancy Disability Leave proves insufficient, consideration will be given to a written request for a single extension of no more than ten ( 10) calendar days.
e. Intermittent Leave. Pregnancy Disability Leave may be taken intermittently or on a reduced leave schedule when medically advisable, as determined by the employee's health care provider. The City may limit intermittent or reduced leave increments to the lesser of ( i) one hour, or ( ii) any shorter increment used under the City's payroll systemto account for absencesor use of leaves. If an employee takes leave on an intermittent basis, or a reduced work schedule, only the amount of leave actuallytaken maybe counted toward the four months of PregnancyDisability Leave or pro -rated portion) to which the employee is entitled.
6. PAYSTATUS. PregnancyDisability Leavesare unpaid. However, an employeeon PDL will utilize any accumulated leave to remain in paid status, in the following situations:
a. An employee may elect to use accrued vacation leave or other accrued personal leaveto remain in paid status during any PregnancyDisability leave before taking unpaid PDL.
b. An employee on Pregnancy Disability Leave must use any accrued paid sick leave before taking unpaid PDL.
C. A full- time employee may be eligible for benefits under the City' s Long -Term Disability ( LTD) Insurance program. The terms of the LTD Program shall govern eligibility. If LTDis not selected, the employeewill be requiredto useaccrued unused paid sick leave hours.
d. The receipt of vacation pay, sick leave pay, or disability benefits ( if any) will not extend the length of the Pregnancy Disability Leave.
7. BENEFITS DURING PREGNANCY DISABILITY LEAVE.
a. Group Health Insurance: Subject to the terms, conditions, and limitations of the applicable plans, the City will continue to provide health insurance benefits for the full period of the approved PDLleaveup to four months in a 12-month period, at the same level and under the same conditions that coverage would have been providedif the employee had continued employment continuously for the duration of the PDL. The time that the City maintains and pays for group health coverage during PDL shall not be used to meet an employer' s obligation to pay for 12 weeks of group health coverageduring CFRAleave, even where the City designates PDLas leave under the FMLA. If an employee fails to return to work after her leave entitlement has been exhausted or expires, the City has the right to recover its share of health plan premiums for the entire leave period if:
-94-
1) The employee fails to return at the end of her PDL; and 2) The employee' s failure to return from leave is for a reason other than one of the following:
a) Taking CFRAleave, unless the employee chooses not to return to work following the CFRA leave;
b) The continuation, recurrence or onset of a health condition that entitles the employee to PDL, unless the employee chooses not to return to work following the leave.
c) Non -pregnancy related medical conditions requiring further leave unless the employee chooses not to return to work following the leave.
d) Any other circumstance beyond the control of the employee, including, but not limited to, circumstances where the employer is responsible forthe employee' s failure to return ( e.g., the employer does not return the employee to the same position or reinstate the employee to a comparable position), or circumstances where the employee must care for oneself or a family member ( e.g., the employee gives birth to a child with a serious health condition).
3) In the event the employee fails to return under this section, the City has the right to recover premiums through deduction from any sums due ( e.g., unpaid wages, vacation pay, etc.).
b. Other benefit plans. The City will continue to pay premiums under group disability and life insurance plans (if applicable) for up to four months of the PDL.
C. Any seniority and other benefits normally accrued during any period of paid Leave, shall also accrue duringanypart of a paid PregnancyDisability Leave. Seniority leave accruals and other benefits do not accrue during an unpaid Pregnancy Disability leave. However, the employee would return to work with the same seniority and unused leave balances as when the unpaid leave commenced, except as those accrued leave balances were reduced to provide the employee with paid Pregnancy Disability Leavein accordance with this Section. Benefit accruals will resume upon return to active employment.
8. TEMPORARY TRANSFERS AND OTHER TEMPORARY
REASONABLE ACCOMMODATIONS. An employee may request a temporary transfer to anotherposition, orrequestothertemporaryreasonableaccommodations, when, basedon the certification of the employee' s health care provider, a temporary transfer or other temporary reasonable accommodation( s) is medically advisable due to pregnancy, childbirth, or related medical conditions, in accordance with the following provisions. The City will complywith the federal PregnantWorkersFairnessAct in requestingmedical -95-
documentation, and will not request or require such documentation where prohibited bythe PWFA,
a. TemporaryTransfers. TheCitywill grant a request for temporary transfer if the City may reasonablyaccommodate the temporary transfer. The City will not grant a temporarytransferif it would requirethe Cityto createa newposition, resultin the discharge or demotion of another employee, violate the terms of any collective bargainingagreement, transfer another employeewith more seniority, or promote or transfer any employee who is not qualified to perform the new job. The City may accommodate a temporary transfer request by temporarily transferring another employee but is under no obligation to do so. The City reserves the option of granting atemporarytransferto apositionotherthanthat requestedbytheemployee, based upon the needs of the City and the employee' s medical condition. b. Temporary reasonable accommodations. The City will grant a request for temporary reasonable accommodations if such accommodations are consistent with the medical certification ( where permissible), bona fide occupational qualifications, and business necessity. TheCity reservesthe right to refuseto make such reasonable accommodation where such accommodation( s) would cause an undue hardship to the City.
C. If an employee' s health care provider provides medical certification that an employee has a medical need to take intermittent leave or leave on a reduced work schedule and it is foreseeable because of pregnancy, the City may require the employee to transfer temporarily to an available alternative position that meets the needs of the employee, subject to the following:
1) The employee must meet the qualifications of the position; and 2) The alternative position must have the equivalent rate of pay and benefits; and
3) The alternative position better accommodates the employee' s leave requirements than the employee' s regularjob; and
4) The alternative position does not have to have equivalent duties. d. Upon certification by the employee's health care provider that there is no further medical advisability for the transfer, intermittent leave, or leaveon a reduced work schedule, the City will reinstate the employee to the same or comparable position in accordance with this Sectionas set forth below.
9. RELATIONSHIPBETWEENPREGNANCYDISABILITYLEAVEAND FMLA/CFRA LEAVE.
The City's Familyand Medical LeavePolicyunderthe FMLAand CFRAis set forth in Subsection D of this Section.
a. Normally, leavetaken under CFRAand FMLArun concurrently, except in the case of PDL leave, which runs concurrently with FMLAonly. If an employee is eligible E
-96-
for PDL and is also eligible for CFRA leave at the time of request for PDL, the four months of PDLauthorized by this Section shall be in addition to the twelve workweeks of CFRA leave. In such situation, the maximum leave entitlement for an employee for both PDL and CFRA leave for reason of the birth of the child and/ or the employee' s own serious health condition, is the working days in 29'/2workweeks. This assumes that the employee is disabled bypregnancyfor four months (the working daysin 171/2 weeks) and then requests, and is eligible for, a 12-week CFRAleave for reason of the birth of the employee' s child.
b. If an employee is eligible for PDL and is also eligible for FMLA leave (but is not eligible for CFRA leave), any available FMLA leave and any available Pregnancy Disability Leaveshall runconcurrently. Themaximum amount of time that an eligible employee maytakefor FMLAleaveand PregnancyDisability Leave, is 12workweeks.
10. RELATIONSHIP BETWEEN PREGNANCY DISABILITY LEAVE AND DISABILITY ACCOMMODATION. The right to take PDL is separate and distinct from the right to take a leave of absence as a form of reasonable accommodation for a disability. At the end or depletion of an employee's PDL, an employeewho has a physical or mental disability (which mayor may not be due to pregnancy, childbirth, or relatedmedicalconditions) may be entitled to reasonable accommodation under the Fair Employmentand HousingAct and/or Americans with Disabilities Act. Entitlement to leave for a disability will be determined on a case -by case basis and is not diminishedby the employee's exerciseof the right to pregnancy disability leave.
11. REINSTATEMENT.
a. Upon timely return at the expiration of the approved leave (including any intermittent leave or leave on a reduced work schedule), or temporary transfer, the employee shall be reinstated to the same position held prior to leave or transfer, unless:
1) The employee would not otherwise have been employed in the same position at the time reinstatementis requestedfor legitimate business reasons unrelated to the employee' s leave or transfer; or 2) Each meansof preservingthe job for the employee (such as leavingit unfilled orfilling it with a temporary employee) would substantially undermine the City' s ability to operate the business safely and efficiently.
An employee has no greater right to reinstatement to the same position or to other benefits or conditions of employment than if the employee had been continuously employedin this position duringthe PDLor transfer period. b. If the employee is not reinstated to the same position, the employee will be reinstated to a comparable position unless:
1) There is no comparable position available; or,
a
-97-
2) If the PDL does not qualify for FMLA (see Section 305), a comparable position is available, but filling that position with the returning employee would substantially undermine the City' s ability to operate the business safely and efficiently.
An employee has no greater right to reinstatement to a comparable position or to other benefits and conditions of employment than an employee who has beencontinuously employed in another position that is beingeliminated.
C. If an employeedisabled by pregnancyhas takena PregnancyDisability Leave for longer than four months, the City will treat the employee the same regarding reinstatement rights as it treats any other similarly situated employee who has taken a similar length disability leave.
d. If an employee takes CFRA leave at the expiration of Pregnancy Disability Leave, the employee' s right to reinstatement is governed by Section D, regarding CFRA leave, and not this Section.
e. Beforean employeewill be permitted to returnfrom a PDLof three (3) daysor more, the employee may be required to obtain a certification from a health care providerthat the employee is able to resumework.
f. If the employee can return to work with limitations, the City will evaluate those limitations and, if possible, will accommodate the employeeas required by law. g. The City will provide the employee with the guarantee of reinstatement in writing, upon the employee' s request.
12. FAILURE TO RETURN FROM PREGNANCY DISABILITY LEAVE. If an employee fails to report to work promptly at the end of the approved PregnancyDisability Leaveperiod, the Citywill assumethat the employeehas resigned. In such event, the City will notify the employee of its intention to treat the employee's failure to return as a resignation from employment. If the employee does not respond within five business days of written notification sent bythe City to the employee's last known addresson file with the City and providejustifiable reason(s) for his/her failure to returnto work, the employeewill be separated from employment based on resignation.
13. EXTENSIONS. An employee who requests an extension of PDL due to the continuation, recurrence, or onset of a medical condition, must submit a request for an extension in writing. This written request should be made as soon as the employee realizes that return at the expiration of the leaveperiod is not possible. Requestswill be considered in accordance with the City's usual procedures and practices for leavesof absence, or the Disability Accommodation Policy (Section XVI.H).
14. PROCEDURES. To ensure employees receive the best benefit of leave provisions, requests for leave must comply with City procedures and policies. Notwithstanding the provisionsoftheselaws, employeesarerequiredto observeall Citypoliciesregardingleave 92 -98-
requests, absences, notification to supervisors and appointing authorities, payment of insurance premiums, and useof paid leave, whether or not addressedherein. a. Application for Leave: An employee requesting Pregnancy Disability Leave must complete a " Request for Leave/Notice of Leave" form and return it to his/ her Department Head for their signature. Forms may be obtained from the Personnel Office. The Department Head shall forward the application immediately to the Personnel Office.
b. Notice of Leave: When the need for Pregnancy Disability Leave is foreseeable, such as the because of a planned medical treatment, the employee must submit an application for leaveat least thirty (30) days beforethe leaveis to begin. If the need for leave is not foreseeable, notice must be given as soon as possible, but not later than five (5) workingdays after learning of the need. Failureto providesuch notice is groundsfor delayor denialof a leaverequest, exceptif the needfor leavewasan emergency or was otherwise unforeseeable. The City shall respond to the leave request as soon as possible and in any event no laterthan ten (10) days after receiving the request. When possible, employees must make a reasonable effort to schedule foreseeable planned medical treatments so as not to unduly disrupt the City's operations.
C. Typeof Notice. ForCity purposes, written notice will be required, but maybe submitted after an oral request. Oral notice must be provided according to department policies regarding emergency or unplanned absences. d. Medical Certification: A request for Pregnancy Disability Leave must be supported by Medical Certification (" Certification") from the employee' s physician or other health care provider. Certification forms may be obtained from the Personnel Office. The completed Certification must be provided to the City within fifteen ( 15) days in advance of the leave request or as far in advance as practicable. Such certification is not required with regard to birth of a child. 1) In the case of medical certification indicating disability necessitating a leave, the Certification must state the date that the employee became disabled due to pregnancy, the probable duration of the period or periods of disability, the employee is unable to perform one or more essential functions of herpositionwithout undue risk to the employee, the successful completion of pregnancy or to others.
2) In the case of medical certification indicating disability necessitating a temporary transfer, the Certification must contain the date on which the need to transferbecamemedically advisable, the probableduration of the periodor periods of the needto transfer, and an explanatorystatement that due to the employee' s pregnancy, the transfer is medically advisable. 93 -99-
3) The City may also require that the employee obtain subsequent recertifications if the employee upon the expiration of the original leave period requests any additional leave periods.
4) Consequences for Failure to Provide an Adequate or Timely Certification: If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any deficiency.
However, if an employee fails to provide a medical certification within the time frame established by this Policy, the City may delay the taking of Pregnancy Disability Leaveuntil the required certification is provided or may deny the leave.
e. Review and Determination: No laterthan ten ( 10) calendar days after receiving a request for PDL, reasonable accommodation and/ or transfer, the Personnel Office shall respond to the employee' s request. The Personnel Office shall attempt to respond to the leave request before the date the leave is due to begin. Once given, approval shall be deemed retroactive to the date of the first day of the leave.
15. POSTING OF NOTICE OF EMPLOYEE RIGHTS AND
RESPONSIBILITIES.
a. A generalnotice of the provisions of the FEHAregardingpregnancydisability leave, temporary transfer and temporary accommodation is posted by the City in each of the following locations:
1) Highland City Hall, 27215 Base Line, Highland, CA 92346; and 2) Highland Corporation Yard, 7935 Central Avenue, Highland, CA 92346.
b. The City also posts a general notice about the provisions regarding pregnancy disability leave, temporary transfer and temporary accommodation under the FEHA on its website. A copy of the general notice may also be obtained from the Administrative Services Department.
F. STATE WORKERS' COMPENSATION
1. Employees may be provided with up to a maximum of three ( 3) consecutive regular workdays of non -chargeable leave following an occupational injury under the Workers' Compensation Act of the State of California.
2. The City desires to allow employees to supplement their Workers' Compensation Insuranceearningwhile the employee is unable to work dueto on-the-job injuries. Workers' Compensation Insurancepaymentsarefor a maximum of two-thirds (2/3) of the employee's grosssalary. TheemployeemaysupplementWorkers' CompensationInsuranceearningwith accrued vacation, accrued compensatory time, administrative leave, floating holiday, and/ or sick leave in an amount not to exceed his/ her normal gross salary when combined with any Workers' Compensation Insurance payments for the same period of time.
Ell
-100-
3. Theemployee may expendall accrued sick leave, accrued floating holiday, accrued compensatory time, administrative leave, and vacation leave, until all such leavetime has been expended. If the employee desires to expend accrued leave as allowed by these Rules, he/shewill beconsidered bythe City to be on regularstatus until all accrued leavetime has been expended. When all accrued leave time has been expended, the employee will be on leavewithout payfor the full period of the temporary disability, unless otherwise authorized or required by law. The employee shall be eligible to receive the amount normally available under the City's group health/life insurance program and shall accrue vacation and sick Leave at two- thirds ( 2/ 3) of the normal accrual.
4. Application:
a. When an employee is out on an industrial injury, no charge will be made to leave benefits for the first three (3) days. Any payments from Workers' Compensation Insurance will be applied first to repurchase accrued leave time used, next to reimbursethe City for the first three regularworkdays and any balance would go to the employee. It is the intent to provide full benefits where possible and is not construed to allow the employee windfall income.
b. Thededuction by the City from the employee's accumulated sick leaveshall be limited to the same percentageas the amount due from Workers' Compensation bearsto the amount paid bythe City. (Forexample, an employee of the City entitled to twelve dollars ($ 12.00) per day from the City received $ 9. 00 per day from the Workers' Compensation and the difference of three dollars ($ 3. 00) per day being paid by the City. In deductingfrom such employee's accumulated sick leave, such deduction shall be made daily on the same basis, i.e., one-fourth ( 1/4) of a day.) G. BEREAVEMENT LEAVE
Whenever an employee is compelled to be absent from work because of the death of the employee' s immediate family member ( as defined in Rule XV.E), the employee may upon approval of the Department Head, use up to five (5) days of any accumulated sick leave, vacation leave, floating holiday, or compensatory time off due to him/her for overtime worked, to attend the funeral of memorial services. If the employee does not have any accumulated leave available, the employee is entitled to take unpaid leave, for a maximum of 5 days.
Additional time off for travel may be granted upon the recommendation of the Department Head and approved by the City Manager. For provisions on leave and reasonable accommodation for an employee whose immediate family member is deceased as the direct result of a crime, see also Rule XVI. E.
H. RETIREMENT PLAN
All full- time employees are eligible for membership in the Public Employees Retirement System (" PERS") in accordance with the California Public Employees' Retirement Law 95 -101-
PERL"), as amended by the California Public Employees' Pension Reform Act of 2013 PEPRA").
a. TheCity shall paycosts and makecontributions in accordance with resolutions of the City Council and as required by PERSand identified herein: TheCity is a member of the Public Employees Retirement System ( PERS). Eligible employees who enrolled in PERS prior to December 31, 2012, are considered " Classic" members and participate in the 2% @55 retirement program. Employees enrolled on or afterJanuary 1, 2013, orhaveagapof employmentgreaterthan 6-months, areconsidered "PEPRA" members and participate in the 2% @62 retirement program consistent with Assembly Bills 340 and 197 enacted September 12, 2012. All conditions of PERS apply to all eligible employees of the City of Highland. b. For "Classic" members as defined in PEPRA, the City shall report the value of the Employer Paid Member Contributions ( EPMC), set by Resolution No. 04- 027 at 7%, to PERS as additional compensation with more detail below:
Employer - Paid Member Contributions ( EPMC)
TheCity shall report to CalPERSthe value of Employer -PaidMemberContributions EPMC) as additional compensation pursuant to:
Government Code § 20636( c)( 4), and
California Code of Regulations ( CCR) § 571( a)( 1).
Specifically:
The City shall pay 7% of the employee' s required member contribution to CalPERS.
The value of the EPMC paid by the City shall be reported to CalPERS as additional compensation for the purpose of calculating retirement benefits.
Thisreportingshall apply only to employees classified as "Classic Members" under CalPERS guidelines.
EPMCshall not apply to employeesclassified as "New Membersor PEPRA members" under the Public Employees' Pension Reform Act ( PEPRA), in accordance with Government Code § 7522. 30.
The effective date of Resolution 04- 027 that identified the implementation of the EPMC payment and conditions that are outlined again above was January 1, 2005.
c. For new members, as defined in PEPRA, the City will pay costs and make contributions in accordance with PEPRAand the applicable PERScontract and City resolutions.
MR
-102-
d. Thepensionablecompensationusedto calculatethe definedbenefitspaid to PEPRAmember employees will not exceed the maximum amount specified in the federal retirement system ( United States Code Title 42 § 430( b), as may be amended from time to time); as adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.
e. PEPRA member employees pay 100% of the employee portion of the retirement program or 50% of the " normal cost," defined as that portion of the present value of projected benefits under the defined benefit plan that are attributable to the current yearof service (also knownas the "MemberContributionRateas a percentageof payroll"), whichever is higher. Exercising its authority to implement the provisions of section 414( h)( 2) of the Internal Revenue Code ( IRC), all employee' s payments forthe retirement program are tax deferred. For PEPRAmember employees, the City is prohibitedfrommakingcontributionsgreaterthantheamountspecifiedinthefederal retirement system.
f. In accordance with California Public Employees' Retirement Law (PERL) and the City' s employer contract with CaIPERS, the final compensation is the highest average annual compensation during any consecutive 12-month period of employment for Classic members or the average annual compensation for a consecutive 36-month period of employmentfor PEPRA members. " Compensation" is defined as the normal monthly rate of pay or base pay for the employee for services rendered on a full-time basis during normal working hours, pursuant to the City's pay schedule. It does not include pay for unused leave balances or overtime pay.
ADMINISTRATIVE LEAVE
FLSA-exempt employees are not eligible for overtime pay for working hours over and above the normal work schedule. Employees so designated shall be entitled to up to one hundred and twenty (120) hours of paid Administrative leave per year. Administrative leave may be takenat anytime onapprovalofthe Directorandat thediscretionofthe CityManager. The maximum amount of accrued Administrative leave shall be limited to two hundred ( 200) hours. At the discretion of the City Manager, on a case -by -case basis, accruals over the maximum may be extended for the period of six ( 6) months before lost. In the event employment is terminated with the City, the employee shall be paid for accrued administrative leave which has accrued within the limits specified above.
J. ADMINISTRATIVE LEAVE BUY- BACK
Employees eligible for administrative leave may, at their discretion, buy back eighty ( 80) hours of administrative leave per fiscal year:
Employees must submit a written request for the buy-back to the Finance Department. No negative leave balances shall accrue as a result of a buy- back under this policy.
Thisbuy-backprogramwill only beavailableif fundingis providedfor this purposein the City' s budget.
-103-
LeaveBuy -BackRequestsBeyondEstablishedLimits: Atthediscretionofthe CityManager, leavebuy-backrequeststhat exceedthe establishedlimits maybeconsideredona case - by -case basis. Suchrequestsmust be submittedin writing andwill only be approvedif fundingis availablewithin the City's budget. Approvalis at the sole discretionof the City Manager and subject to the financial constraints of the City.
K. DONATED LEAVE BANK
Employeesat their option maychooseto donate accrued leaveinto a leavebankmaintained bytheCity, for usebyotheremployeesundertheconditionsofthisSectionandprocedures established by the City. Only the following categories of accrued leave are available for donating purposes: vacation, floating holidays, compensatory time, and administrative leave. Theonly accrued leavethat maybe donated is that leavethat is availableto be taken bythe donatingemployee. Donatedhoursshall beplacedinto the leavebank. Employees receivinga donationarelimitedto withdrawinghoursfromthe bankandmaynotwithdraw morethan they would normally be paid in a work week. If an employee receivinga donation is receivinganother means of paysuch as disability insuranceor workerscompensation the employee shall be limited to their normal rate of pay after combining the other source.
Employeesreceivingtime fromthe leavebankmusthaveusedall availableaccruedleave beforebeingeligiblefor donations. Employeesmust havea bonafide illness, injuryor other reasonas approvedsolely bythe City Managerto beeligible for donations. Thelengthof time that an employee may receivedonations from the bank is variable and shall be determined solelybytheCityManager. Nonegativeleavebalancesshalloccurasa resultofthisSection.
L. HEALTH/ LIFE INSURANCE PROGRAM
TheCitywill providea healthand life insuranceplanfor all full-time, continuoussalaried employees. Life insurance coverage will be provided in an amount equal to the employee' s annualsalary, upto a maximumof onetime the employee's salarywith a capof $300,000.
Eligibilityfor life insurance benefits will be determined based on the requirements of the plan provider.
For fiscal years 2025- 2026, the City will contribute up to $ 1,600 per month towards employee benefits forfull- time employees and approved eligible part- time employees under the City of Highland Premium Only Plan (Section 125 Plan). In fiscal years 2026- 2027, this contribution will increase to $ 1,650 permonth. Thesefunds will first be appliedto healthand dental insurance coverage for eligible employees.
TheCity will extendthe same benefitamountto City Council Membersas providedto employees under the City of Highland Premium Only Plan (Section 125 Plan). These funds can be usedfor the purchaseof health, dental, vision insurance, or other availablebenefits.
Tobe eligible for the City of Highland Premium Only Plan (Section 125 Plan), an employee must be scheduled to work at least half ( 1/2) of their scheduled hours. For example, an employee scheduled to work 80 hours per pay period must be paid for at least 41 hours duringthe payperiodto qualify for the benefits underthe Plan. -104-
At no time shall the City Council Member benefits be converted to salary. For eligible retirees, the City shall contribute two hundred dollars ($ 200) per month toward health insurance.
M. CONTINUANCE OF MEDICAL COVERAGE ( COBRA)
TheCitywill provideemployeeswhoseparatefromtheCitywithcontinuedmedicalbenefits coveragein accordance with applicable provisions of the Consolidated Omnibus Budget ReconciliationAct (COBRA) andanyother applicable provisionsof federal law and state law.
N. DEFERRED COMPENSATION PLAN
TheCitywill contractto providea deferredcompensationprogramfor regularfull andpart- time employees and will pay the costs of plan administration.
O. EDUCATIONAL REIMBURSEMENT
An employeemay be reimbursedfor tuition, textbooksand institutionalfees incurredin successfullycompleting job -related course work and seminars from an accredited educational institution. Coursework must beapprovedin advancebythe Department Head to be eligible for reimbursement upon proof of successful completion of course work. The maximumbenefitper yearper employeeshall be as determinedin advanceby the City Manager, within the amount adopted for such purpose in the annual City budget. If the employeevoluntarilyleavesthe employmentof theCitywithinone (1) yearof completionof course work, employee shall reimburse the City funds received for educational reimbursement for said course work.
P. CALL - OUT CREDIT
Acredit shall be applied when an FLSAemployeein the competitive servicewho has left the work site and is called to come back to work between the hours of 7:00 p.m. and 7:00 a.m., on a workday, or at any time duringa normalday off. Theminimumcredit shall be for compensation in the amount of one and onehalf (1-1/2) hours. Thecompensationwill beat the rate of time and one half ( 1- 1/ 2). This policy shall also apply to those FLSAemployees workingunderanalternativeworkschedule, aslongastheyarecalled -outaminimumoftwo 2) hoursafter or two (2) hours beforetheir normal workday, or at anytime during a normal dayoff. EmployeeswhoareonstandbydutyunderRuleXV.Qshallnotbeeligiblefor or receive call - out credit.
Q. STANDBY COMPENSATION
1. Standbyduty. FLSAemployeesin the competitiveservicewho are releasedfrom activedutybutarerequiredbytheirdepartmentsto meetthefollowingrestrictions, shallbe assignedto mandatory standby duty. Standby duty requires that employees so assigned shall: (a) be reachable by telephone or other communicating devices; ( b) be able to report to activedutywithin 60 minutestime; and (c) refrainfrom activitieswhichwill impair their abilitytoperformassignedduties. Standbydutyshallberotatedamongqualifiedemployees -105-
on a weekly basis beginningat the end of the normal workday on Mondayand ending at the beginningof theworkdayonthefollowingMonday. Employeesonstandbydutyshall not be eligible for or receive call - out credit ( see Rule XV.P.)
2. StandbyCompensation. Employeesshall becompensatedeight (8) hoursof payfor each week of standby duty.
3. EmergencyOperations. Standbyduty pay may not applywhen the City's Emergency Operations Center has been activated and an employee may be assignedto a work shift other than his/ her regular shift.
R. LACTATION ACCOMMODATION POLICY
The City will provide a reasonable amount of break time to accommodate an employee desiringto expressbreastmilkfor the employee's infantchild. Thebreaktime, if possible, must run concurrently with rest and meal periods already providedto the employee. If the break time cannot run concurrently with rest and meal periods already provided to the employee, the break time will be unpaid.
TheCitywill providethe employeethe useof a room or location, otherthan a bathroom, that is shielded from view and free from intrusion from coworkers andthe public, which may be used byan employeeto expressmilk in private. This location maybethe employee's private office, if applicable. The location must be safe, clean, and free from hazards. It must contain a placeto sit, asurfaceonwhichto placeabreastpump, andanelectricaloutletorcharging station. The City will also provide a sink and refrigerator or other cooling device to store breast milk in at a location in close proximity to the employee' s workspace.
Employeeswith questionsregardingthis policyorrequestsshouldspeakwiththe Personnel Director. Anyviolationof this Policymaybereportedto the LaborCommissionerBureauof Field Enforcement.
S. ANNUAL CREDIT MONITORING ALLOWANCE
TheCitywill provideanannualcreditmonitoringallowancetoanypersonwhoisafull-time employee or City Council member as of January 1st of each year to purchase credit monitoringinsurance. Theallowancewill beprovidedin the employee's first payrollcheck for Januaryof eachyear. Theamount will be determined bythe Adopted Budget.
XVI. ATTENDANCE, LEAVES, REPORTS AND RECORDS
A. ATTENDANCE
1. Employees shall be in attendance at their designated job location and work in accordance with the rules regardinghours of work, holidays, and leaves. In the event of an employee's unauthorized absence, or his/her failure to return to duty, the employee is subject to the City' s policy on job abandonment ( Rule XIX.B), and/ or disciplinary action as appropriate ( Rule XX). Authorized absence is defined as permission to be absent from duty 100
-106-
for a specifiedpurpose, with the rightto returnbeforeor uponthe expirationof the leave period.
2. All departments shall keep daily attendance records of employees which shall be reported to the PersonnelDirector in the form and on the dates he or she shall specify.
Failureonthe partofanemployee, absentwithoutleave, to returnto dutywithintwenty-four 24) hours after notice to return shall becausefor invocationof the JobAbandonment Policy RuleXIX.B) and/or discipline (RuleXX) as appropriate. Thedepositing in the United States mail of a first-classletter, postagepaid, addressedto the employee's last knownplaceof address, shall be reasonable notice.
B. MILITARY LEAVE
EmployeesoftheCityshallbeentitledto military -leave -inaccordancewiththe provisionsof federal law (Uniformed Services Employment and ReemploymentRights Act of 1994, 38 U. S. C. § 4301 et seq.) ( USERRA) and California law ( Military & Veterans Code§ 387 et seq.), as amended from time to time. An employee requestingleavefor this purpose shall provide the Department Head, wheneverpossible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the Department Head may determine when the leave is to be taken and may modify the employee' s work schedule to accommodate the request for leave. Appendix B sets out the basicparametersofapplicablelawandisnotintendedto expandanyrightsbeyondthose providedbyfederalandstatelaws. Inthe eventof anyconflictbetweentheseRulesor Appendix B and applicable federal or state law, the applicable federal or state law will prevail. Answersto specificquestionsregardingtheapplicationof USERRAandstatelaw may be obtained by reviewingthe applicable statutes directly.
C. LEAVE OF ABSENCE WITHOUT PAY
1. The City Manager, in his/ her unrestricted discretion, may grant a regular or probationaryemployeeleaveof absencewithout payoraccrualof seniority, for anamount notto exceedthree (3) months. Afterthree (3) months, the leaveof absencemaybeextended if so, authorized by the City Manager. No such leave shall be granted except upon written request of the employee, setting forth the reasonfor the request, and the approval shall be inwriting. Uponexpirationofaregularlyapprovedleaveorwithinareasonableperiodoftime after notice to returnto duty, the employeeshall be reinstatedinthe position held at the time leavewas granted. Failureon the part of an employeeon leaveto report backto work promptlyat its expiration, orwithina reasonabletimeafternoticeto returnto duty, shall result in the employee's discharge. The depositing in the United States mail of a first-class letter, postagepaid, addressedto the employee's lastknownplaceof address, shallbe reasonable notice.
2. Increments of sick leave and vacation time shall not accrue during a leave of absence withoutpay. Exceptasotherwiserequiredbylaw, duringaleaveof absencewithoutpay, the employee shall be responsible for paying the entire cost of his/her own group health 101
-107-
insurance, dental, vision, life insurance, and long-term disability insurance, and shall not accrue excess benefit deferred compensation.
3. Senioritycredit shall not accrue and shall not be lost as a result of an approvedleave of absence without pay.
D. JURY DUTY / COURT LEAVE
1. Everyemployeewho is calledor requiredto serveas a juror shall be entitledto be absent from his/ her duties duringthe period of such service. Under such circumstances, the employeemustgivereasonablenoticeto his/hersupervisorthat he or she is requiredto serve in court and is requiredto providea certificate from the court which showsthe dates of attendance and an itemized account of any compensation received for such service.
Labor Code Section 230( a).)
a. The City may request a deferment of jury duty on behalf of the employee, where that employee' s services are essential to the City' s operations. b. Anyfees or compensationreceivedby reasonof such court attendancein connection with jury duty as provided abovemust bedeliveredto the FinanceOfficer.
The employee shall receive his/ her regular rate of pay during such time as required for his/ her jury service.
2. An employee who is ordered to appear in court pursuant to a subpoena or other court order in a matter regardingan eventor transaction which heor she perceivedor investigated inthe course of his/herduty, to which the City is not a party, shall beallowed to do sowithout lossofsalaryorothercompensationtowhichhe/sheisnormallyentitledfromtheCityduring the time that the employee preparesfor his/her responseand appearance, duringthe time that he/she travels to and from the place where the court or other tribunal is located and while he or she is required to remain at that place pursuant to the subpoena. The employee shall also receivethe actual necessaryand reasonabletraveling expenseshe/she incurred in complying with the subpoena. ( Government Code Section 68096. 1.)
3. An employee ordered to appear in court pursuant to a subpoena or other court order or appearingas a witness in anyjudicial proceedingunrelatedto his/her official capacity as an employee, including but not limited to, an employeewho is a victim of a crime, shall be permittedtime off without pay, or if the employeechooses, to use accruedvacation, personal leave, or compensatorytime off that is otherwise availableto the employeeunder the applicable terms of his/ her employment for this purpose. ( Labor Code Sections 230( b) and ( i).)
4. An employee shall, promptly upon receipt of summons, subpoena, or other court order, submit a Personnel Action Form for the time required for jury duty/ court leave.
5. Anemployeeonjury duty/court leaveshall reportfordutyattheCityforalltimeduringregularworking hours other than that time actuallyspenton court -leaveassignmentJury duty or undercourtsubpoenaor other courtorder). 102
-108-
6. As used herein, the term " crime" shall have the meaning set forth in Rule XV.E.
E. LEAVEAND REASONABLE ACCOMMODATION FORVICTIMS OF
CRIMES
1. Leave
a. An employee may take leave when time off is required for the employee who is a victim of a crime to obtain or attempt to obtain any relief from a court. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. ( Labor Code Section 230( c).)
b. The employee shall give the City reasonable advance notice of his/her intention to take time off for any purpose listed in Rule XVI.E.1(a) unless the advance notice is not feasible. When an unscheduled absence occurs, the City will not take any adverseaction against the employee if the employee, within a reasonabletime after the absence, providesa certification to the City in one of the following forms:
1) A police report indicating that the employee was a victim. 2) A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecutingattorney that the employee hasappeared in court. 3) Documentation from a licensed medical professional, domestic violence counselor ( as defined in Evidence Code Section 1037. 1), a sexual assault counselor ( as defined in Evidence Code Section 1035.2), a victim advocate, licensed health care provider, or counselor that the employee was undergoingtreatmentfor physicalor mentalinjuries or abuseresultingin victimization from the crime or abuse.
C. To the extent allowed or required by law, the City shall maintain the confidentialityof anyemployeerequestingleaveunderthis section. TheCityshall givetheemployeenoticebeforeanyauthorizeddisclosureasrequiredbylaw. d. Anyemployeemay usevacation, personalleave, or compensatorytime off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a memorandum of understanding, for time taken off for this purpose.
2. ReasonableAccommodation. TheCity will provide reasonableaccommodations for a victim of domestic violence, sexual assault, or stalking who requests an accommodation for the safety of the victim while at work.
a. For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance 103
-109-
in documenting domestic violence, sexual assault, stalking or other crime that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplacefacility, or work requirementin responseto domestic violence, sexual assault, stalking, or other crime, or referral to a victim assistance organization.
b. The City is not required to provide a reasonable accommodation to an employee who has not disclosed his/ her status as a victim of domestic violence, sexual assault, or stalking.
C. TheCity will engagein a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. In determining whether the accommodation is reasonable, the City shall consider an exigent circumstance or danger facing the employee.
d. The City is not required to undertake an action that constitutes an undue hardship on the employer's business operations, as defined by GovernmentCode Section 12926. Forthe purposesof this subdivision, an undue hardshipalso includes an action that would violate an employer' s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
e. Documentation:
1) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee' s behalf, certifying that the accommodation is for a purpose authorized under this Rule XVI. E. I..
2) The employer may also request certification from an employee requestinganaccommodation pursuantto this subdivision demonstratingthe employee' s status as a victim of domestic violence, sexual assault, or stalking.
Certification shall be sufficient in the form of any of the categories described in Rule XVI. E. 1( b).
3) An employer who requests certification pursuant to subparagraph ( B) may request recertification of an employee's status as a victim of domestic violence, sexual assault, or stalking, or ongoing circumstances related to the crime or abuse, every six months after the date of the previous certification. f. Confidentiality. Any verbal or written statement, police or court record, or other documentation providedto the City identifyingan employeeas avictim shall be maintained as confidential by the City and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee' s safety in the workplace. The employee shall be given notice before any authorized disclosure.
104
-110-
g. Changed Circumstances.
1) If circumstances change and an employee needs a new
accommodation, the employee shall request a new accommodation from the City. Upon receivingthe request, the City shall engagein a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
2) If an employee no longer needs an accommodation, the employee shall notify the City that the accommodation is no longer needed. h. PolicyAgainst Discrimination or Retaliation. The City shall not discharge, or discriminate or retaliate against, an employee for taking time off for relief authorized bythis Rule XVI.E.1(a) or (b), orfor requesting a reasonable accommodation pursuant to this Rule XVI. E.2, regardless of whether the request was granted.
3. Definitions. Thefollowing terms shall havethe following meaningsin this rule XVI.E:1 and 2:
a. " Crime" means a crime or public offense set forth in Government Code Section 13951, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
b. " Domestic violence" means any of the types of abuse set forth in Family Code Section 6211, as amended.
C. " Immediate family member" means a person who is any of the following:
1) Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employeestands in loco parentis, or a personto whom the employeestood in loco parentis when the person was a minor.
2) A biological, adoptive, or foster parent, stepparent, or legal. guardian of an employee or an employee' s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee' s spouse or domestic partner was a minor child.
3) A personto whom the employeeis legallymarried underthe laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.
4) A biological, foster, or adoptive sibling, a stepsibling, or a half -sibling 5) Anyother individual whose close association with the employee is the equivalent of a family relationship described in subparagraph ( 1), (2), ( 3), or 4).
105
-111-
d. " Sexual assault" means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273. 4, 285, 286, 287, 288, 288. 5, 289, or 311. 4 of, or, former Section 288a of, the Penal Code, as amended. e. " Stalking" means a crime set forth in Section 646. 9 of the Penal Code or Section 1708. 7 of the Civil Code.
f. " Victim" includes any of the following:
1) A victim of stalking, domestic violence, or sexual assault. 2) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.
3) A person whose immediate family member is deceased as the direct result of a crime.
4) For the purposes of Rule XVI. D.3 only, any person against whom any crime has been committed.
g. " Victim advocate" means an individual, whether paid or serving as a volunteer, who providesservices to victims under the auspices or supervision of an agencyor organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
4. Additional Leave - When City Employes 25 or More Employees ( Labor Code Section 230. 1)
a. Applicability; Types of Leave. During any period of time that the City has 25 or more employees, an employee who is a victim of a crime may take time off from work for any of the following additional purposes:
1) To seek medical attention for injuries caused by crime or abuse. 2) To obtain services from a domestic violence shelter, program, rape crisis center or victim services organization or agency as a result of the crime or abuse.
3) Toobtain psychological counseling related to an experience of crime or abuse.
4) To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.
b. Reasonable Notice. The employee shall give the City reasonable advance notice of his/ her intention to take time off for any purpose listed in Rule XVI. E.4( a)(l), 2), ( 3) or ( 4), unless the advance notice is not feasible. When an unscheduled absence occurs, the City will not take any adverse action against the employee if the 106
-112-
employee, within a reasonable time after the absence, provides a certification to the City in one of the forms listed in Rule XVI.E.1.c.
C. Confidentiality. The provisions of Rule XVI. E.1(d) apply. d. Use of Accrued Leave. The provisions of Rule XVI. E.1(e) apply. e. PolicyAgainst Discrimination or Retaliation. The City shall not discharge or discriminate or retaliate against an employee who is a victim for taking time off for any purpose set forth in Rule XVI.E.4(a).
f. Definitions. The definitions set forth in Rule XVI. E.3 shall apply. g. FMLA. This Rule XVI. E.4 does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under or is in addition to the unpaid leave time permitted by the FMLA. ( See Rule XV.D for the City' s FMLA/ CFRA Leave Policy.)
F. TIME OFF TO VOTE
If an employee does not have sufficient time outside of working hours to vote at a statewide election, the employee may take up to two (2) hours off without loss of pay at the beginning or end of the day. Any additional time off needed to vote will be unpaid. If the employee knows on the third working day prior to the election that time off will be needed, the employee must provide two days' notice to the City. (Elections Code Section 14000.) G. SCHOOL LEAVE
AnyCity employeewho is a parent, guardianor grandparent havingcustody of one or more children in kindergarten or grades one (1) through twelve ( 12) orattendinga licenseddaycare facility shall be allowedup to forty (40) hourseach schoolyear, not to exceedeight ( 8) hoursin anycalendarmonth of theschoolyear, withoutpay, to participatein activitiesof theschool of theirchild. Such employeemust providereasonableadvance notice of theplanned absence. The employeeshall use vacationand/ or compensatorytime off to coverthe absence. The employeeshall providedocumentationfrom the schoolas verificationthat the employeeparticipatedin schoolactivitieson a specificdate and at a particulartime. If both parents, guardiansor grandparentshaving custody, work for theCityat thesamework site, only the firstparentrequestingshall be entitledto leaveunder this provision. H.
AMERICANSWITH DISABILITIESACT DISABILITYACCOMMODATION
In
theeventan employeebecomes disabled within the meaningof theAmericanswith Disabilities Act or otherapplicablestate or federaldisabilitylaws and the City is reasonablyable to accommodatethe limitsor restrictionson thatemployee's abilityto work, the City will do so providedthat the employeeis qualifiedto performthe dutiesof a jobthatmaybe made availableto himor her. In effectuatingthe provisionsof thisSectionand the dutiesof WIYA -113-
the law, the City' s efforts to reasonably accommodate the employee shall take precedence over and preempt any other conflicting provisions or limitations of any memorandum of understanding or civil service regulations. Forms for use in requesting accommodation may be obtained from the Personnel Department.
I. SUPERVISORY DISCRETION TO RELIEVE EMPLOYEES FROM
DUTY AND FITNESS FOR DUTY
If at any time the supervisor, Department Head or City Managerbelieves an employee is unable to perform assigned duties in a safe and efficient manner, the employee may be required to undergo a Fitness For Duty Examination. The purpose of the examination is to determine the employee' s physical or psychological ability to meet the position requirements. The examination shall be performed by a medical doctor selected and paid for by the City. Thedoctor's report shall be the basis for determining whether anychangeof duties is warranted. It is City policy to comply with the Americans with Disabilities Act and the disability rights provisionsof the California FairEmploymentand HousingAct. Whenthe City is aware that an employee has a covered disability and may need reasonable accommodation to perform the essentialfunctions of the job, the Citywill engagein a good faith interactive process with the employee in an effort to identify possible reasonable accommodations. If an employee has questions about the interactive process or believes that he or she mayneeda reasonableaccommodation to performthe essentialfunctions of his/herjob, the employee should contact his/her supervisor or the PersonnelDepartment staff.
XVII. PERFORMANCE EVALUATIONS
A. PERFORMANCE EVALUATION PURPOSE
1. Performanceevaluations providerecognition of effective performanceand identify areas that need improvement, as appropriate. Performance evaluations may be used as a basis for completion of probation, salary adjustments, promotions, training, and discipline.
Performanceevaluations may also include a period of performance probation associated with a performance improvement plan and heightened evaluation and counseling. Routine performance evaluations are not considered discipline and will not trigger an employee's discipline and appeal rights, as provided in these Rules.
2. The Personnel Director shall provide a method of reporting of individual employee performancewhich relatesto quantity andquality of work, ability, reliability, attendance, and otherjob -relatedfactors. ThePersonnelDirectorshall prescribeforms for such performance evaluations and shall be responsible for assuring that such evaluations are adequate to provide information to both the employee and the City for the purposes set forth in this Section. An employee must have a performance evaluation rating of " meets job requirements" in order to be eligible for a merit salary increase or promotion. Deficiencies in performance by an employee may result in a decrease in salary, suspension, demotion, or dismissal.
-114-
B. PERFORMANCE REPORTS PROCEDURES
1. Department Heads shall periodically rate the performance of each employee; provided, however, that the Department Headsmaydelegatethe responsibility for ratingthe performance of specified employees in their departments to that employee' s supervisor.
Interim reports may be completed as necessary when changes in work performance occur.
Special evaluations maybe requiredat the discretion of the Department Headwith the prior approval of the City Manager, or directly by the City Manager. Each employee shall be informed in such reports of his/ her strengths and weaknesses. The employee shall sign the report to acknowledge its receipt and contents. Such signature shall not necessarily mean he or she fully endorses the contents of said report.
2. The performance report will be presented to the employee prior to its entry in the employee's personnelfile. Uponrequest, the performanceevaluationwill bediscussedwith the involved employee with a supervisor or Department Head designee. An employee may respond in writing to a performance evaluation within seven (7) calendar days of its receipt.
Each completed evaluation, and the employee' s written response, if any, will be maintained in the employee's personnelfile. An employee does not havethe rightto appeal or grieveany matter relating to the content of the performance evaluation.
3. Probationary Employees/ New Appointments. Prior to the end of the initial probationaryperiod, a newhireor re -hirewill beevaluated. Theoutcomeof suchemployee evaluation will determine whether the probationary employee is rejected or appointed as a regular employee:" This evaluation is also the means of determining the appropriateness of a merit increase at the end of the probation period. After successfully passing the probationary period, the employee's anniversary date is set; and the employee receives regular employee" status, which includes being evaluated on a regular basis.
4. Probationary Employees/Promotional Appointments. An evaluation form will be completed priorto the endof the promotional probationary periodto determine "release" to new position or return to the former position if available.
5. Management employees shall be regularly evaluated by the City Manager.
Management employees shall remain at -will employees notwithstanding issuance of a performance evaluationor reviewbythe City Manager.
XVIII. PERSONNEL RECORDS
A. PERSONNEL FILES
1. PersonnelFiles. The City maintains a personnel file on each employee. Personnel files are located in the Personnel Department. An employee' s personnel file shall contain only materialthat is necessaryand relevantto the administrationof the City's personnel program. Personnelfiles are the property of the City, and access to the information they contain is restricted.
109
-115-
2. Notifying City of Changesin PersonalInformation. Eachemployee is responsibleto promptlynotify the employee's supervisorand the PersonnelDirectorof any changesin relevant personal information, including mailing address, telephone number, persons to contact in emergency, and number and names of dependents.
3. Medical Information.
a. Separate Confidential Files. All medical information about an employee or applicant is kept separatelyand maintained as confidential, in accordance with the Americans with Disabilities Act (" ADA") ( 42 U. S. C. Section 12112( d)( 3)( b) and the California Confidentiality of Medical Information Act (" CMIA") ( Cal. Civil Code Sections 56 et seq.). Medical information will be kept confidential, on separate forms and in separate locked medical files, and shall be reviewed by authorized persons only to assess whether the applicant or employee has the ability to perform the functions of the job, with or without reasonable accommodation; or whether the employee may pose a direct threat to himself/herself and/or to others; to determine whether the employee is fit for duty; to assist in providing reasonable accommodation; to provide first aid as necessary; for insurance purposes; and to comply with other provisions of Federal and/or State law. b. Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION.
C. Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate needto havesuch information for City business reasons. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. The City will not provide employee or applicant medical information to a third party ( except as permitted underthe CMIAand other applicable medical privacylaws, or asotherwise required by law, for example pursuant to a court order) unless the employee signs an AUTHORIZATION FOR RELEASEOF EMPLOYEEMEDICAL INFORMATION in the form providedby the City. The City will releaseonly the medical informationthat is identified in the employee' s authorization. If the employee' s authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information.
4. References and Release of Information in Personnel Files. a. Public Information. Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will 110
-116-
not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy, except as required by law or court order. b. Reference Checks. All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the Personnel Director. Information will be released only if the employee signs an AUTHORIZATIONFOR RELEASEOF EMPLOYMENTINFORMATIONin the form providedbytheCity, exceptthat withoutsuchauthorization, the employee'sdatesof employment will be released.
5. Employee Access to Personnel File.
a. Inspection of File. An employee may inspect his/ her own personnel file, as defined in California Labor Code Section 1198. 5, at reasonable times and at reasonable intervals. An employee who wishes to review his/ her file should contact the Personnel Director to arrange an appointment. The review must be done in the presenceof the PersonnelDirector or his/herdesignee.
b. Copies. On request, an employee is entitled to receive a copy of any employment - related document he/ she has signed. An employee who wishes to receivesuch a copy should contact the PersonnelDirector. On request, the City will also providean employeesingle copies of anyother documents in his/her personnel file. The City may charge a reasonable fee for the copies.
C. Removal. Personnel files are the property and official records of the City and maynot beremovedfrom the City's premisesexceptas requiredby lawor court order.
XIX. SEPARATION FROM CITY EMPLOYMENT
A. RESIGNATION
1. An employeewishing to leavethe competitive service in good standing shall file with the AppointingAuthoritya written resignationstatingthe effectivedate and reasonsfor Leaving, at leasttwo (2) weeks (14calendardays) beforeleavingthe service, unlesssuch time limit is waived bythe Appointing Authority. A statement as to the resignedemployee's serviceperformanceand other pertinentinformationshall beforwardedto the Personnel Director. Failureto give notice as required by this Rule shall be cause for denying future employment by the City.
2. A resignation becomes final when accepted by the Appointing Authority. Once a resignation has been accepted by the Appointing Authority, it cannot be withdrawn.
B. JOBABANDONMENT1.
When in theopinionof theDepartmentHead, it appearsthat an employeemay have abandoned his/ her position, the DepartmentHead shall notifythe AppointingAuthority, or a designee.
The AppointingAuthority, or a designee, shall notifythe employeethat the City111 -117-
believesthat he/shemayhaveabandonedhis/herposition andthat he/she hasthree (3) days from the date of the notice to contact the City regarding his/ her intent to return to work.
2. The Notice of Abandonment of Position shall be in writing and sent by certified mail or personal service, and by regular mail, to the last address listed in the employee's personnelrecords. TheNoticeshall includethe details of the employee's absence. The Notice shall also indicate that the employee' s failure to respond to the Notice within three 3) days of the date of the Notice will constitute the employee' s automatic resignation from City service.
3. An appearance of abandonment of position may include, but is not limited to, situations:
a. An employee fails to return to his/ her employment upon conclusion of any authorized leave of absence;
b. An employee fails to properly notify his/ her immediate supervisor of an absence due to sickness or injury;
C. An employee fails to appear for work without notification or express agreement between the immediate supervisor and the employee authorizing the use of any leave time set forth under the City's personnel policies, or d. An employee fails to keep his/ her immediate supervisor informed of the employee's disability status on a daily basis unless otherwise directed by his/her supervisor.
4. An employee' s failure to respond to the Notice of Abandonment of Position within three ( 3) days of the date of the Notice shall be deemed to be an abandonment of the employee's position and shall constitute the employee's automatic resignationfrom the City service.
5. Abandonment is considered voluntary, and employees have no right to appeal or file agrievanceifdeemedtohaveresignedasaresultofjobabandonmentandshallhavewaived all rights under the Personnel Ordinance and these Rules.
6. This Rule notwithstanding, employees absent without leave may be subject to disciplinary action, including discharge from employment.
7. This Rule shall be implemented in accordance with federal and state law, including but not limited to, the ADA, FEHA, CFRA and FMLA.
C. DISABILITY
An employee may be separated because of an inability by the City to provide a reasonable accommodation through the interactive process. The employee will be given a written pre - separation notice of the reasons forthe separation and an opportunityto respond before the 112
-118-
separation takes effect. Employees separated for disability may be eligible for disability retirement.
D. DEATH
All compensation due anemployeeshall be payableas of the dateof deathandshall be paid to the survivingspouseor to the estate of the deceased employee.
E. RETIREMENT
Whenever an employee meets the conditions set forth in the PERS Retirement plan regulations, or other applicable City retirement plan, he or she may elect to retire.
F. DISCHARGE
1. Discharge of Regular Employee. An employee in the competitive service may be discharged at any time by the Appointing Authority. Whenever it is the intention of the AppointingAuthorityto dischargean employeein the competitiveservice, the Personnel Director shall be notified. Disciplinary discharge action of regular employees shall be taken in accordance with Rule XX ( Disciplinary Actions).
2. Discharge of Management Employees. Subject to the provisions of Rule IX Probationary Period) hereof, those employees who are employed at the will of the AppointingAuthority in managementpositions or other maybe removedat anytime without cause or right of appeal. Management positions are listed in Rule II (Definitions).
3. Dischargeof ProbationaryEmployeesandTemporaryPart -TimeEmployees, Seasonal Employees and All Other At -Will Employees. All other employees are at -will employees who maybeseparatedat anytime fromthe Citywith orwithoutcause, andwithoutanyrightof pre- or post -disciplinary due process, or right to evidentiary appeal, review, or grievance.
See Rule IX (Probationary Period).)
G. LAYOFF OF EMPLOYEES
Whenever, inthe judgment of the City Council, it becomes necessaryto abolish anyposition or employment, the employee holding such a position or employment may be laid off or demoted in accordance with Rule XXI ( Layoff Policy and Procedures) hereof, without disciplinary action and without the right of appeal.
XX. DISCIPLINARY ACTIONS
A. APPLICATION
Employees shall be subject to discipline in accordance with the following provisions:
1. Regular Employees: Except as otherwise set forth in these Rules, a regular employee maybe demoted, reduced in step, suspended, or dismissed only for cause. 113
-119-
2. Management Employees: In accordance with the Personnel Ordinance and Rule 1.1, management employees are at -will employees who serve at the pleasure of the Appointing Authority, and maybeterminated with or without cause, andwithout any rightto evidentiary appeal, review, orgrievancepursuanttotheseRules. Assuch, the provisionsofthis RuleXX shall not apply to management employees.
3. Probationary, Seasonal, TemporaryandPart-timeEmployees: Inaccordancewiththe Personnel Ordinance and Rule 1.1, probationary, seasonal, temporary, and part- time employees (excluding regular part-time employees) are at -will employeeswho serveat the pleasure of the City Manager and may be demoted, reduced in step, suspended, or dismissedwithout cause, prior notice, rightof reviewor appeal or grievance. Releaseduring probationaryperiod, or at the conclusionof the probationaryperiod, doesnot constitute disciplinary action. As such, the provisionsof RuleXXshall not apply to such employees.
4. Contract Employees: The City Managerand other employees who have individual employment agreementsshall haveonly those rightsthat are specifically granted under the terms of their separate agreements, and those rights provided by State and Federal law.
Unlessotherwise specified in the employment agreement, a contract employee of the City is an at -will employee who serves at the pleasure of the Appointing Authority who may be terminated with or without cause and without any pre- or post -disciplinary due process or right of evidentiary hearing, review, or a grievancewith respect to any disciplinary action or termination from employment. As such, provisions of Rule XX shall not apply to contract employees.
B. CAUSE FOR DISCIPLINARY ACTION
Discipline is intended to be imposed primarily for corrective purposes and to address deficiencies in work performance. Thefollowing is a nonexclusivelist of the more common causes for disciplinary action:
1. Fraud in securing employment or making a false or misleading statement on an application for employment.
2. Incompetency or negligence in the performance of duties, i.e., inability to comply with the minimum standard of an employee' s position for a significant period of time.
3. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of or assigned to an employee within his/ her position or failure to carry out duties in a prompt, competent and responsible manner.
4. Willful disobedience or insubordination, a willful failure to submit to duly appointed andactingsupervisionorto conformto dulyestablishedordersordirectionsof personsina supervisoryposition or insulting or demeaningthe authority of a supervisor or manager.
5. Dishonestyinvolvingemployment, including but not limited to m connection with an employee' s job duties and responsibilities.
114
-120-
6. With respect to alcohol and drugs: ( a) possession, use or being under the influence of alcohol, illegal drugs, narcotics or non -prescribed controlled substances when reporting for work, while on duty (including but not limited to standby or call- back time), while on City premises, and/or while using City equipment or vehicles; or (b) reportingfor work, while on duty ( including but not limited to standby or call- back time), while on City premises and/ or while using City equipment or vehicles, or performing any job duties, while the employee' s ability to performjob duties is impaired dueto on -duty or off -duty alcohol or drug use; or (c) engaginginanyactsinviolationofthe City's Drug -FreeWorkplacePolicy (RuleXXVIIherein).
Examples of controlled substances include but are not limited to: marijuana ( cannabis), amphetamines, opiates, phencyclidine ( PCP), cocaine and any derivative or preparation of coca leaves, LSD, speed and Quaaludes, and any other substances as may be found in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) or any federal regulation adopted pursuant thereto, and as amended from time to time.
7. Excessive absenteeism or tardiness.
8. Unauthorized or unexcused absence from employment without leave.
9. Abuse of sick leave, i.e., taking sick leavewithout a doctor's certificate when one is required, or misuse of sick leave.
10. Conviction of a felony or a misdemeanor of a nature that ( a) disqualifies an employee from holding his/her position pursuantto federal or state law; or (b) hasa direct and adverse relationship with the specific duties of the employee'sjob that justifies discipline up to and including discharge from employment. The record of conviction shall be conclusive evidenceonly of the fact that the conviction occurred. The PersonnelDirector may inquire into the circumstances surrounding the commission of the crime or offense in order to assist the Department Director in making an individualized assessment whether discipline is warranted and, if so, the degree of discipline. In considering a conviction, the Department Director shall utilize the factors set forth in Rule V.Kof these Rules and as otherwise required by federal or state law. As used in this Section, " conviction" includes a plea, verdict, or finding of guilt, regardlessof whether a sentence is imposed bythe court. "Conviction" does not include and shall not be construed to include any adjudication by a juvenile court, or any other court order or action taken with respect to a person who is under the process and jurisdiction of the juvenile court.
11. Discourteous treatment of the public or other employees.
12. Improper, unauthorized, or illegal use of City property.
13. Refusal to subscribe to any oath or affirmation which is required by law in connection with City employment.
14. Anywillful act of conductundertakenin badfaith, eitherduringor outsideof duty hours which is of such a nature that it causes discredit or damage to the City, the employee' s department or division.
115
-121-
15. Inattention to duty, tardiness, indolence, carelessnessor negligencein the care and handling of City property.
16. Sleeping or malingering while on duty.
17. Violation of the Personnel Rules and Regulations of the City or the rules and regulations of any department.
18. Outside employment not specifically authorized by the Appointing Authority.
19. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his/ her official duties, or any other use of an employee's official position or of the City's time, facilities, equipment or supplies for personal gain or advantage.
20. The refusal of any officer or employee of the City to testify under oath before any GrandJury havingjurisdiction over any then pendingcause of inquiry in which the investigationof government bribery or misconduct in City office is involvedshall constitute of itself sufficient ground for the immediate discharge of such officer or employee.
21. Willful violation of any of the provisions of the ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City.
22. Improper political activity, such as campaigning for or espousing the election or non - election of any candidate in national, state, county, or municipal elections while on duty and/or duringworkinghours, or in a City uniformon or off duty; or the disseminationof politicalmaterialof anykindwhileondutyand/orduringworkinghoursorin aCityuniform.
23. Working overtime without authorization.
24. Actions incompatible with, or not in the best interests of, public service.
25. Violation of or failure to comply with safety standards; or refusal or failure to immediately follow safeworking practices or failure to report promptly an injury.
26. Theft or personal use of City funds, property, or equipment.
27. Sexual or other illegal harassment, discrimination or retaliation of City employees, officials, consultants, or members of the public, or other discourteous or offensive treatment of City employees, officials or consultants, or members of the public.
28. Damage to or destruction of City property.
29. Tardiness.
30. Physical abuse or threats directed at supervisors, coworkers, or members of the public; and any act or threat of workplace violence or fighting on the job.
31. Engagingin bullying or other abusive conduct of members of the public, other employees, or officials.
116
-122-
32. Failure to obtain or maintain a certificate or license required for current position.
33. Possessing a firearm or other dangerous weapon on the City' s property or while conducting City business or official activities.
34. Willful concealment of pertinent information or documentation from supervisors.
35. Failure to maintain proscribed records ( e. g., falsifying, concealing, misusing, mutilating, or removing City documents or other records).
36. Failure to comply with the dress code, or to maintain grooming, clothing, or uniform standards.
37. Non- compliance with any applicable conflict of interest provisions or code.
38. Unauthorized release or disclosure of confidential information or documents from any City records.
39. Any other cause as determined by the City Manager. This list is not intended to be exhaustive, and other actions adversely affectingthe City' s abilityto efficiently function may be grounds for disciplinary action.
C. KINDS OF DISCIPLINARY ACTION
Thefollowing disciplinary actions may be taken against any regularemployee either by the City Manager or his/ her designee. Disciplinary action may include any one or any combination of actions, and the actions may not necessarily be applied in any defined order.
Minor Disciplinary action need not be taken before Major Discipline.
1. Minor Discipline
a. Counseling. A supervisor may counsel an employee for a minor performance problem. If the situation does not improve within a reasonableperiod, dependingon the seriousness of the infraction, the supervisor may repeat the measure or may initiate -another type of disciplinary action appropriate under the circumstances. The supervisor may keep a written record of the date and substance of the counseling session, but the record shall not become a part of the employee' s personnel file unless the situation leading to the counseling is not corrected or other repeated infractions occur, and more serious disciplinary procedures are deemed necessary. b. Reprimand. A supervisor may issue an oral or written reprimand for a more serious infraction, or for repeated minor infractions. If the situation does not improve within a reasonableperiod (usuallythirty (30) days to one hundredeighty (180) days, depending on the seriousness of the issue), the supervisor may repeat the measure or may initiate another type of disciplinary action appropriate under the circumstances. The supervisor should keep a copy of the written reprimand, or the written memorandum of the oral reprimand, which states the date and substance of the subject of the reprimand, describe the plan for improvement, and the employee' s response, if any. Theemployeeshall sign and receivea copy of the memorandum of 117
-123-
oral reprimand, and the original shall be filed in the employee' s personnel file. A record of informal counseling and verbal reprimands may also be included in the employee' s personnel file in connection with a reprimand.
2. Major Discipline. A Director, Department Head, or the City Manager, or his or her designee, may take any of the following disciplinary actions, in accordance with the proceduresetforthin SectionsEandF. A copyof the noticeinformingthe employeeofthe proposed major discipline shall be placed in the employee's personnelfile. a. Suspension. For serious infractions of the City' s Rules and Regulations or for persistent failure to correct deficiencies noted in verbal or written reprimands, the employeemaybesuspended without payfor up to five (5) daysin a pay period. b. Demotion. For serious infractions of the City' s Rules and Regulations, an employeemay be reducedfrom a position in one class to a position in another class having a lower salary range.
C. Reductionin Pay. For serious infractions of the City's Rules and Regulations, an employee' s salary may be reduced to a lower salarywithin his or her existingsalary range or in a lower salary range.
d. Dismissal. An employee may be discharged from the City service. Dismissal mayresult from repeated infractions, or immediately upon serious infraction.
D. NO APPEAL OF MINOR DISCIPLINE
An employee mayfile a responseto minor discipline, as defined in Section CA above, to be placedin his/herpersonnelfile, but hasnorightof reviewor appealpursuantto RuleXX.C, by grievance pursuant to Rule XXIII, or otherwise. This action may be taken by the Department Head in accordance with Section E.
E. MAJOR DISCIPLINE -- DISCIPLINARY PROCEDURES
TheCity is not requiredto issueMinor Discipline beforeissuingMajorDiscipline. Disciplinary action may include any one or any combination of actions, and the actions may not necessarilybe applied in any defined order. Major Discipline shall be taken in compliance with the following procedures:
1. Pre - Discipline Process (" Skelly Procedure")
a. Notice of Proposed Disciplinary Action
Prior to issuance of a written order of major discipline, as defined above, the appropriateauthority shall givethe employeeawritten notice of discipline which sets forth the following:
1) The disciplinary action intended;
2) The specific charges upon which the action is based; 3) A summary of the facts upon which the charges are based; WV
-124-
4) A copy of all written materials, reports, or documents upon 5) Notice to the employee of his/ her right to respond orally and/ or in writing to the proposeddisciplinary action beforesaid discipline is imposed. Thenotice to the employee of the right to respond must specify at least a five ( 5) working dayperiodexceptas providedbelow. A longernoticemightbewarrantedin specific cases because of the volume of material or complexity of the issues involved but only upon written request and with the approval of the City Manager shall such extended notice be granted. Notice shall also be given of the employee' s right to respond to the charges either orally or in writing to the appropriate authority;
6) The date, time, and person before whom the employee may respond in no less than five ( 5) working days; and
7) Notice that failure to respond at the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed. b. Thenotice of proposeddisciplinary action must be inwriting andsignedbythe Director, Department Head, or his/ her designee. A copy of the notice of proposed disciplinary action and supporting documents shall be placed in the employee's personnelfile. Thenotice shall bedeemed receivedbythe employeeon (1) the dayof delivery if delivered by hand or overnightcourier; or (2) when mailed 48 hours after deposit in the United States Mail, first- class postage prepaid and addressed to the employee at his/ her address listed in his/ her personnel file.
C. Limitations and Exclusions
1) Oral notice of major discipline is insufficient as full notice to an employee and may be given only as the initial notice in extraordinary circumstances that call for immediate action. Any such oral notice shall be followed by written notice, as required by these Rules. 2) An employee may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of City business. Extraordinary circumstances include, but are not limited to, situations involving misappropriation of public funds or property, working while under the influence of alcohol or illegal drugs or controlled substances, insubordination, commission of a crime involving moral turpitude punishable byimprisonment of one (1) year, and disruption of the City's businessthrough willful misconduct.
d. Pre - Discipline Employee Response:
The employee shall have the right to submit an oral or written response by the deadline set forth in the Notice of Proposed Disciplinary Action in accordance with Section 119
-125-
E.1.a.7. The employee may submit any information or documents that are material and relevant to the proposed discipline in his/ her oral or written response.
2. Order of Disciplinary Action:
Any responsesubmittedby the employeein accordancewith SectionE.1.d will be considered and a determination made by the Director, Department Head ( or the City Manager) or his/ her designee of appropriate action. The imposition of disciplinary action to suspend, demote, reduce in step, or dismiss an employee is constituted by written order.
Said order is similar to the notice of proposed disciplinary action and shall also advise the employee of his/ her right to appeal and specific charges upon which the disciplinary action is based. The effective date of the discipline may be prior to the order, provided the circumstances warranted such immediate action. The order shall be signed by the Director or Department Head or his/ her designee, and a copy shall be served on the City Manager.
Notice of the time allowed for appeal and answer shall be stated in the order. A copy of the order shall be personallyserved onthe employeeor sent bycertified mail to the employee's Lastknownaddress, and a copy of the ordershall be placed inthe employee's personnelfile.
3. Appeal Procedure
a. Notice of Appeal and Request for Hearing: Any regular employee may appeal from the order imposing major discipline and request a hearing as provided for in these Rules. The notice of appeal and request for a hearing must be in writing and must befiled with the City Managerwithin five (5) working daysof receipt of the order.
The order shall be deemed received by the employee on (1) the day of delivery if deliveredbyhandor overnightcourier; or (2) whenmailed48 hoursafterdepositin the United States Mail, first- class postage prepaid and addressed to the employee at his/ her address listed in his/ her personnel file.
b. Appellant Answer to the Charges: If the employee appeals the order imposing major discipline, a written answer to the charges must also be filed with the City Managerwithin five (5) working days of receipt of the order. The answer to the charges must be attached to the notice of appeal and request for a hearing. The answer must address each cause of discipline set forth in the order and may state specific facts or reasons as grounds for the appeal.
C. Waiver of Right to Appeal. If the employee fails to file a written appeal and request a hearingwithin the prescribed time, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary action, and the disciplinary action shall be final.
4. Hearing Procedures
a. Review of Appeal
1) After receipt of the appeal and request for hearing, the City Manager shall review the appeal and answer to the charges within five (5) working days subsequent to his/ her receipt of the appeal or at such later date as mutually 120
-126-
agreedupon bythe City Managerandthe appellant. Hearingswill be closed to the public, as allowed bylaw, unlessthe appellant requestsinwriting, at least two (2) days prior to the hearing, that the hearing be open. 2) Where the City Manager or the City Council have designated an alternate authority to perform the functions of the City Manager pursuant to these Rules, in accordance with Rule I.C. 2, the designated authority shall perform all of the functions of the City Manageras set forth herein. 3) The City Managermay, in his/her sole discretion and within thirty (30) days after the appeal is filed, elect to have the appeal heard by one of the following methods:
i) Hearing by the City Manager;
i i) Appoint a hearing officer who shall present findings and a recommendation to the City Manager for a final disposition; or iii) Appoint a disciplinary review board composed of three members, including one member selected by the City Manager, one member selected by the employee and the third member selected by the two members previously described; or
iv) Appoint a hearing officer or hearing body, or any other hearing procedure mutually agreed between the City Manager and the employee.
4) In the event that the City Manager determines to appoint a disciplinary review board pursuant to Subsection 6.a(iii) or another alternative hearing procedure pursuant to Subsection 6.a(iv), the disciplinary review board or other hearing officer or hearing body shall present written findings and recommendations to the City Manager for final disposition. 5) The City Manager shall notifythe appellant in writing as to the governing hearing proceedings.
6) TheCity Managershall havethe final authority on all appealsand may uphold, reverse, or modify the disciplinary action.
b. Hearing
1) Time and Place
i) Pursuant to the City Manager' s decision in 6.a(3) above, the City Manager shall take every appropriate action necessary and reasonable to convene a hearing within the time prescribed. In scheduling the disciplinary hearing, the City Manager shall considerthe availability the hearingofficer, disciplinary reviewboard or other hearingbody/official 121
-127-
at the convenience of the employee, the parties' representatives, and all witnesses.
i i) Thepurposeof the hearingisto determine the accuracy andthe sufficiency of the facts attendant to the disciplinary action. Theparties may stipulate to certain facts or evidence that shall be considered without abridgment or adulteration bythe hearing body or officers upon which the action was based and any pertinent information that may establish the truth or falsity of such evidence.
2) Parties
The Appellant and a representative if so desired and the City' s representative shall attend the hearing. Failure of the Appellant, with or without his/her representative, to appear in person at the time and place set for the hearing shall be deemed a withdrawal of the appeal unless otherwise excused by the City Manager.
3) Rights
Each party shall have the right to:
i) Choose a representative and be represented at the meeting. i i) Testify under oath.
iii) Call witnesses and present documentary evidence.
iv) Question all witnesses and examine the evidence.
v) Argue the mater or issues presented.
4) Conduct and Order of the Proceedings
i) The City shall have the burden of proof at the disciplinary hearingand shall haveto provethe chargesagainstthe employee by a preponderanceof the evidence. Thehearingneed not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner which is conducive to determination of the truth.
i i) Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to relying in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. iii) Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence that may not be 122
-128-
sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
iv) The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions or otherwise in accordance with law.
v) Irrelevant and unduly repetitious evidence may be excluded. vi) Decisions made by the hearing board or hearing officer, including the City Manager, shall not be invalidated by any informality in the proceedings.
vii) During examination of a witness, all otherwitnesses, except the parties, shall beexcludedfrom the hearingupon motion of either party. viii) The hearing shall be opened by the recording of the time, place and date of the hearing and the presence of the parties and their chosen representatives. The City shall first present its case on which the disciplinary action was based. Ahearingguidemaybeusedandwill be made available to all parties.
ix) If the appeal is to be heard bythe City Manager, the City Manager shall have the sole discretion and authority to conduct the hearing. If the appeal is to be heard by the disciplinary review board, the disciplinary review board shall select a chairman to conduct the hearing. If a hearingofficer is appointed to hearthe appeal, the hearing officer shall have the sole discretion and authority to conduct the hearing.
5) Record of the Hearing
A recordof the proceedingsshall be madeand maintained bythe City. TheCity may choose to make a mechanical or electronic record of the proceedings.
Costs of preparing transcripts shall be borne by the requesting party. 6) Adjournment
The hearing may be adjourned or recessedfor good cause, upon the request of a party, hearing body or hearing officer.
7) Exhibits and Witnesses
i) The names of witnesses and exhibits shall be properly identified and shall be made part of the official record. The hearing body or officer may exclude witnesses not under examination and admonish witnesses to refrain from discussing the subject of their testimony with other witnesses or potential witnesses. The parties may remain at all times during the proceeding.
123
-129-
ii) Witnesses shall be required to testify under oath and affirmation. The oath shall read:
Do you solemnly swear ( or affirm) that the testimony that you are about to give in this matter shall be the truth, the whole truth and nothing but the truth?"
8) Confidentiality
The hearing shall be closed to the public and shall not be a public record unless an open public hearing is requested by the appellant as set forth in Section 6 above.
9) Expenses
The City shall make available any current employee(s) of the City who are identified by the appellant as witness( es) requested to be present. The appellant shall be responsible for arranging for the attendance of any former employees or any other witnesses who the appellant wishes to present during the hearing, and the appellant shall bear any expenses of causing former employees or witnesses to be present.
10) Closing of Hearing
The hearing body or hearing officer shall inquire if either side has anything further to offer. Upon receiving negative replies, the hearing shall be closed.
The hearing body or hearing officer shall report their written recommendation to the City Managerand the parties within thirty (30) daysafter the closing of the hearing.
11) Action of the City Manager
Within a reasonable time afterthe disciplinary hearing, the City Manager shall issue a written decision containing findings and conclusions. The City Manager shall have the authorityto affirm, revoke or modifythe decision. If the hearingwas conducted bya hearingofficer or a disciplinary reviewboard, the City Managershall consider the written findings and recommendation of the hearing officer or disciplinary review board before issuing his or her findings and decision on the appeal. The City Manager shall notify the parties within five (5) working daysof his/herfinal decision. Thedecision ofthe City Manager on any appeal constitutes the final resolution of any appealable disciplinary action.
12) Status of Appellant
The imposition of any major discipline, including but not limited to, a discharge, shall not be stayed by any appeal filed by an employee following issuance of the order of discipline by the City Manager. Any salary or other benefits following a hearing on any appeal shall be reinstated only if 124
-130-
determined to be appropriate by the City Manager following the completion of any such appeal hearing.
F. JUDICIAL REVIEW
1. Judicial reviewof any decision of the City Managermay be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate pursuantto such section isfiled within the time limits specified in this Section.
2. Pursuant to Code of Civil Procedure Section 1094.6, any such petition shall be filed not later than the ninetieth ( 90th) day following the date on which the City Manager gives written notice of his/ her final decision.
XXI. LAYOFF POLICY AND PROCEDURE
A. STATEMENT OF INTENT
Whenever, in thejudgment of the City Council, it becomes necessaryto abolish anyposition or employment, the employee holding such position or employment may be laid off or demoted for non -disciplinary purposes and without the right of appeal or right to file a grievance.
B. NOTIFICATION
Employeesto be laid off shall begiven, wheneverpossible, at leasttwo weeks (fourteen (14) calendar days) written notice of layoff.
C. VACANCY AND DEMOTION
Except as otherwise provided, whenever there is a reduction in the work force, the AppointingAuthorityshallfirstdemoteemployeesinthecompetitiveserviceto avacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with ParagraphFis qualified. All personsso demoted shall havetheir names placed on the re-employment list. Demotion for purposes of this Section is not disciplinary and shall not trigger discipline or appeal rights.
D. EMPLOYEE DISPLACEMENT
A regular employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status. For the purposeof this Section andSection E, seniority includes all periodsof full-time service at or above the classification level where layoff is to occur.
E. SENIORITY
1. In order to retreat to a former or lower class, a regular employee must have more senioritythan at least one of the incumbents in the retreat class and request displacement 125
-131-
actioninwritingto the PersonnelDirectorwithinfive (5) workingdaysof receiptof noticeof layoff.
2. Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
3. Employeesretreatingto a lower or similar class shall servea probationary period in the new class unlessthey havepreviouslysuccessfully completed a probationary, period in the class or a class in the class series.
F. EMPLOYMENT STATUS
1. In each class or position, employees shall be laid off accordingto employment status in the following order: temporary, provisional, probationary, and regular, subject to the following provisions.
2. Temporary, provisional, probationary and any other at -will employees in non- management positions shall be laid off according to the needsof the service as determined by the Appointing Authority, and such employees shall not havethe right to displace any other employee, nor shall their layoff be determined based on seniority.
3. In cases where there are two or more regular employees in the class from which the Layoff is to be made, such employees shall be laid off on the basis of performance and seniority. Thelast evaluationratinginthe class, providingsuch ratinghas beenonfile at least thirty (30) daysand no morethan twelve (12) months priorto layoff as follows:
a. First, all employees having ratings of "improvement needed;" b. Second, all employees having ratings of " competent;" and C. Third, all employees having ratings of " outstanding."
4. Employeeswithin each ratingcategory shall be laid off in inverseorder of seniority in City service.
5. Management employees may be laid off in accordance with the needs of the City as determined in the discretion of the City Manager and/ or City Council.
G. RE- EMPLOYMENT LIST
The names of personslaid off or demoted in accordance with these Rulesshall be entered upon a re-employment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by every Appointing Authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list.
126
-132-
H. DURATION OF RE- EMPLOYMENT LIST
Names of persons laid off shall be carried on a re-employment list for one ( 1) year, except that personsappointedto permanent positions ofthe samelevelasthat which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse re- employment shall be dropped from the list. Persons re-employed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for the one ( 1) year.
XXII. SEPARATION FROM SERVICE
A. DISCHARGE
An employee in the competitive service may be discharged at any time by the Appointing Authority. Wheneverit is the intention of the Appointing Authority to dischargean employee in the competitive service, the Personnel Director shall be notified. Disciplinary discharge action shall be taken in accordance with Rule XX (Disciplinary Actions).
Any personemployedin an at -will position may bedischargedat anytime bythe Appointing Authority, without cause, and without prior notice of right of appeal or grievance. The discharge of an at -will employee for cause shall not modify his/ her status as an at -will employee or provide him/her with any right of appeal under Rule XX or the right to file a grievance under Rule XXIII.
B. RESIGNATION
An employee wishing to leavethe competitive service in good standing shall file with the Appointing Authority a written resignationstating the effective date and reasonsfor leaving at least two (2) weeks (fourteen calendar days) before leaving the service, unless such time limit is waived bythe Appointing Authority. A statement as to the resigned employee' s service performance and other pertinent information shall beforwarded to the PersonnelDirector.
Failureto givenotice as required by this rule shall be cause for denyingfuture employment by the City.
XXIII. GRIEVANCE PROCEDURE
A. PURPOSE
A grievance procedure has been established for the following purposes:
1. Promoting improved employer/employee relations by establishing an appropriate meansfor determiningthe validity of grievances, that is, claims byan employeethat the City has violated, misrepresented, or misapplied an obligation to the employee as that obligation is expressed and written in the Personnel Rules, the City' s Rules and Regulations, or otherwise as required by law.
2. Providinga method of resolving such claims as closely as possible to the point of origin, as informally as possible.
127
-133-
3. Encouraging free communications between supervisors and employees.
B. DEFINITIONS
1. A "grievance" is a writtenallegationbyanemployee, submittedas hereinspecified, claimingviolation(s) of the specificexpresstermsof thePersonnelRulesforwhichthereis no other specific method of review provided by the City except as otherwise excluded by these Rules. Examples of matters that may be grieved include, but are not limited to, the following: requestsfor leave; assignmentof standby compensation; training opportunities; and work schedule.
2. A "grievant" is an employee or group of employees adversely affected by an act or omission of the employer.
C. GRIEVANCE PROCEDURE STEPS
1. Step One: Supervisor
An employee who has a grievance shall first take it up formally with his/her immediate supervisorwithin five (5) working days after he/she knowsor reasonablyshould haveknown the occurrence of the cause for grievance.
2. Step Two: Department Manager
Ifthegrievanceisnotresolvedwithintwo (2) workingdaysafteritssubmissioninStepOne, the aggrieved employee( s) may submit his/ her/their grievance in writing to the Department Managerwithin five (5) working days thereafter. No formal format is requiredfor the written grievance. TheDepartmentManagershall meetwith the employeewithin two (2) working daysafter receivingthe grievanceand shall deliver his/heranswerinwriting to the employee within two ( 2) working days after such meeting.
3. Step Three: City Manager
a. If the grievance is not resolvedin the SecondStep, the employee maysubmit it in writing to the City Manager, or any alternate authority which may have been designatedby the City Manageror the City Council pursuant to section LBof these Rules, within five (5) working days. After having received the grievance, the City Manager shall deliver his/ her response to the employee in writing within five ( 5) working days. At this step, and at all subsequent steps in the grievanceprocedure, the employee shall have the right to present his/ her/their grievance with, or without, a representative of his/ her/their choice. These time limits may be extended to a definite date by mutual agreement of the employee and the City Manager. The decision of the City Managershall be final and binding, and no further reviewof the subject matter of the grievance shall be permitted within the City's administrative process.
128
-134-
b. Disputes concerningthe applicability of the GrievanceProcedurethat persist through the third step shall be submitted for determination by a court, unless the grievant and the Personnel Director agree otherwise.
D. GENERAL PROVISIONS
1. If appeal is not made within the time limits indicated, the grievance will be considered to havebeensettled on the basisof the last decision rendered. Anygrievancenot responded to within the prescribed time limits as described in this Section will be automatically advanced to the next higher step unless the time limit is extended by mutual agreement.
2. Employees are assured freedom from reprisal for using the grievance procedure.
E. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
Thegrievanceproceduresetforthinthis RuleXXIIIshallnotbeusedforanyofthefollowing:
conditions.
1. To resolve complaints, requests or changes in wages, hours and working.
2. To challenge the content of employee evaluations or performance reviews.
3. To challenge, obtain review of or otherwise address cases of discipline of any kind, including, but not limited to, counseling, oral or written reprimand, reduction in pay, demotion for disciplinary purposes or due to failure to meet job standards, suspension, or discharge.
4. To challenge examinations, or appointment or failure to appoint to positions.
5. To challenge rejection from probation.
6. To challenge any discipline or discharge of any at -will employee.
7. To challenge any transfer.
XXIV. ANTI - HARASSMENT POLICY
A. POLICY
1. It is the policy of the City to provide a work environment free from discrimination, includingunwelcomesexualoverturesand advances, for all employeesof the City. City employees are expected to adhere to a standard of conduct that is respectful and courteous to all persons. All employees, consultants, independent contractors, volunteers, and membersof the publicareto betreatedwith respect, courtesy, andtact. Conductthat is personallyoffensiveto othersor that violatesanti -harassmentlawswill not betolerated.
Abusingthe dignityof anyonethroughslursor otherderogatoryor objectionableconduct based on any protected status may be cause for disciplinary action up to and including discharge from employment. Included in this area of offensive behavior are suggestive remarks, physicaladvances, or intimidation. Thispolicydoesnot limit the authorityof the 129
-135-
City to discipline employeesfor offensiveor discourteous conduct not made on the basis of a protected status, eventhough such conduct may not be considered "harassment" under applicable law.
2. TheCity prohibits sexualharassment, aswell as the harassmentof any individual on the basis of race, color, ancestry or national origin, religious creed, age (40 or older), mental or physical, disability, sex or gender, sexual orientation, gender identity and gender expression, medical condition, genetic information, marital status, military and veteran status, or any other class protected by law. This policy applies to all areasof employment, includingrecruitment, hiring, training, promotion, compensation, benefits, andtransfer. The City recognizesthat impermissible harassmentmaytake manyforms, including:
a. Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations, or comments.
b. Visual conduct such as derogatory posters, cartoons, drawings, or gestures.
C. Physical conduct such as assault, blocking normal movements, or interference with work based on gender, race, or other protected class. d. Threats or demands to submit to sexual requests in order to maintain employment or avoid some other loss and offers of job benefits in return for sexual favors.
e. Retaliation for having reported harassment or making a complaint of harassment, cooperating in the investigation of a complaint, or for testifying or making a statement as part of the investigation or discipline process.
B. COMPLAINT PROCEDURE:
1. This procedure applies to all employees of the City, include persons in at -will positionsandpersonsinthecompetitiveservice. AnyCityemployeewhofeelsthat heorshe has beenthe victim of prohibited harassment, discrimination or retaliation hasthe right and the responsibility to notify his/hersupervisor, Department Head, PersonnelDirector, human resources manager, City Manager, or any other supervisor of the incident or incidents of prohibited harassment, discrimination or retaliation and provide the names of the individuals involved.
2. If the person to whom the prohibited harassment, discrimination or retaliation is to be reported is him/ herself thought to be engaged in the improper conduct, the employee may contact the City Manager directly. In the event the City Manager is thought to be involved, the employee may contact the City Attorney. An employee is never required to present a complaint to a party alleged to be involved in the improper conduct.
3. Anysupervisor, manager, or official receivingor awareof a complaint shall report the complaint immediately to the Personnel Director who shall assure that an appropriate investigation is started promptly and completed. In the event the Personnel Director is thought to be involved in the improper conduct, the complaint shall be reported to the City 130
-136-
Manageror City Attorney, who shall be responsiblefor assuringappropriate handling of the matter.
4. While written complaints are encouraged and provide the best opportunity for a properinvestigation, complaintsmayalso be verbalor anonymous. All complaintsthat implicate unlawful workplace harassment, discrimination, or retaliation will be investigated promptly, objectively, and thoroughly. Investigationswill be conductedin a confidential manner to the extent reasonably possible, with information about the complaint being released only on a need -to -know basis.
5. If the City concludes that prohibited harassment, discrimination, or retaliation occurred, appropriate corrective action will be taken, including action to stop further harassment, discrimination, or retaliation. Disciplinary action, up to and including termination, may be imposed on employees who violate this policy. If the perpetrator is a non -Cityemployee, the Cityshalltakesuchactionas maybe consistentwith the law and within the City' s control.
6. The party presentingthe complaint will be notified of the results of the investigation but due to confidentiality concerns, may not always be advised if disciplinary action or other action is taken. If the allegations of the complaint cannot be supported or arefound to lack merit, the parties will be notified. Consistent with the policy of confidentiality, employees are not entitled to copies of notes, an investigation report, or similar confidential or privileged documents, except as required by law.
7. Any employee who witnesses prohibited harassment, discrimination or retaliation directed at or perpetrated by a City employee, consultant or other independent contractor, volunteer, member of the public or other person has a duty to report it through the process identified above.
C. EMPLOYEE TRAINING
1. All supervisors shall receive at least two hours of training and instruction on preventionofsexualharassmentintheworkplace. Trainingandinstructionshallbeprovided within six months of their assumption of a supervisory position and once every two years thereafter or as otherwise required by law. Non -supervisory employees are required to receiveat least one hour of training and instruction on prevention of sexual harassment in the workplace. Suchtraining shall include trainingto preventabusiveconduct, as defined in Rule XXVI of these Rules.
XXV. POLICY AGAINST WORKPLACE VIOLENCE
A. STATEMENT
TheCityis stronglycommittedto ensuringthe safetyofall Cityemployeesandhasadopted this Policyregardingworkplaceviolence. Consistentwith this policy, acts, or threatsof physical violence, including intimidation, harassment, and/ or coercion which involve or 131
-137-
affect any City employee(s) will not betolerated. This policy applies to all employees of the City, include personsin at -will positions and persons in the competitive service.
B. OBJECTIVE
1. To ensure all workplace threats and violent behavior are addressed promptly.
2. To ensure the level of physical/ facility security in City workplaces is sufficient to protect the health and safety of City employees.
3. To ensure all employees are appropriately trained in workplace security, diffusing hostile situations and steps to take during an emergency incident.
4. Toensurethat all disciplinary action takenfor behaviorprohibited underthis policy is reviewed, evaluated, and administered consistently and equitably throughout the City, and in a timely manner.
C. ACTS OR THREATS OF VIOLENCE DEFINED
1. " Threats or acts of violence" include conduct against persons or property that are sufficiently severe, offensive, or intimidatingto alterthe employment conditions, orto create a hostile, abusive, or intimidating work environment for a City employee or employees.
Although the City has a strong commitment to Customer Service, the City will not permit employees to be subjected to verbal or physical abuse.
2. Generalexamplesof prohibited workplace violence include, but are not limited to:
1. Threateningto harm an individual or his/ herfamily, friends, associates, ortheir property.
2. Making harassingor threatening telephone calls, letters, or other forms of written or electronic communications.
3. Intimidating or attempting to coerce an employee to commit wrongful acts that would affect the business interest of the City.
4. Harassing surveillance, also known as " stalking," the willful, malicious, and repeatedfollowing of another personand makingacredible threat with intentto place the other person in reasonable fear of his/ her safety.
5. Makinga suggestionor otherwise intimating that an act to injure persons or property is " appropriate."
6. Possession of firearms, weapons, or any other dangerous devices on City property, by anyone other than safety personnel who are governed by their own policies and procedures.
7. Use of personal or City -issued tools in a threatening manner toward a City employee or other individual.
132
-138-
D. COMPLAINT PROCEDURE
1. Any employeewho feels he or she has been the victim of threats or acts of violence or has witnessed threats or acts of violence in violation of this Policy, has the right and the responsibility to notify his/her supervisor, or Department Head, or the City Manager, of the incident or incidents of abusive conduct and provide the names of the individuals involved.
Theemployee may use the Complaint Procedureset forth in Section B of Rule XXV (Anti - Harassment Policy).
2. Anycomplaintwill be investigatedin accordancewith the proceduresset forth in Section B of Rule XXV ( Anti - Harassment Policy). If the City concludes that prohibited conduct occurred, appropriate corrective action will be taken, including action to stop further abusive conduct. Disciplinary action, up to and including termination, may be imposed on employees who violate this policy. If the perpetrator is a non -City employee, the Cityshalltakesuchactionasmaybeconsistentwiththe lawandwithintheCity's control.
E. EMPLOYEE TRAINING
All employeesshall receivetraining andinstruction on workplace security practices. Training and instruction shall be provided within twelve (12) months following the adoption of this policyandperiodicallythereafter. Trainingshallalsobeprovidedto all newemployeesand to all employees given newjob assignmentsfor which specific workplace security training hasnot previouslybeenprovided. Additionaltrainingandinstructioncanbeprovidedto all Citypersonnelwheneverthe Cityismadeawareofneworpreviouslyunrecognizedhazards, which may affect the workplace.
F. APPLICATION OF PROHIBITION
1. The City's prohibition against threats and acts of violence applies to all City personnel, contractandtemporaryworkers, customers, andanyoneelsewho maybein or on City propertyor anyplacewhereCity personnelwork orotherwise conduct City business.
Violations of this policy by any individual may be followed by legal action as appropriate.
2. Violation by an employee of any provision of this policy may lead to appropriate disciplinary action, up to and including termination, as provided in Rule XXII (Disciplinary Actions).
3. TheCity may also seeka TemporaryRestrainingOrder or Injunction on behalf of City workers if the situation warrants such action.
XXVI. POLICY AGAINST ABUSIVE CONDUCT
A. POLICY
1. TheCity is strongly committed to ensuringthat City employees are not subjected to abusive conduct in the workplace. Abusive conduct, including bullying, which involves or 133
-139-
affects any City employee(s) will not betolerated. This policyapplies to all employeesof the City, include personsin at -will positions and persons in the competitive service.
2. Thepurposeofthis Ruleisto ensurethat allabusiveconductis addressedpromptly; to ensure all employees are appropriately trained to recognize abusive conduct; and to ensurethat all disciplinary action takenfor behaviorprohibited underthis policy is reviewed, evaluated, and administered consistently and equitably throughout the City, and in a timely manner.
3. Abusive Conduct Defined. The phrase " abusive conduct" means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer' s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal, or physical conduct that a reasonable personwould find threatening, intimidating, or humiliating, or the gratuitous sabotageor undermining of a person's work performance. A single act generally does not constitute abusive conduct unless it is severe and egregious. Abusive conduct may be found to have occurred by the acts of one employee or by several employees (" mobbing").
4. Examples of Abusive Conduct: General examples of prohibited abusive conduct include, but are not limited to, the following:
a. Harmful gossip (rumor and innuendo based on incomplete facts or fiction spread with the intent or impact of causing turmoil or discrediting certain individuals or institutions).
b. Behavior that demeans; humiliates, or intimidates others in the workplace; C. Deliberate exclusion of another employee from work assignments or networks that is not due to legitimate business reasons;
d. Unnecessary and unwelcome intrusion in the personal life of an employee; e. Verbal or physical behavior that is derogatory or abusive.
5. Examples of What is Not Abusive Conduct: The following are examples of conduct that is not abusive conduct and does not constitute a violation of this policy:
a. Reasonable counseling, disciplinary actions, or job performance evaluation actions, including but not limited to, constructive andfair criticism of an employee's work performance;
b. Differences of opinion and non - aggressive conflicts and problems in working relations or in interactions with other public agencies or members of the public; C. A direct or assertive management style, including high workplace expectations;
d. Legitimate management responses to situations
immediate action.
that require
134
-140-
B. COMPLAINT PROCEDURE
1. Anyemployeewhofeels he or she hasbeenthe victim of abusiveconductor has witnessed abusive conduct in violation of this Policy, has the right and the responsibility to notify his/her supervisor, or Department Head, or the City Manager, of the incident or incidents of abusive conduct and provide the names of the individuals involved. The employee may use the Complaint Procedure set forth in Section B of Rule XXV (Anti - Harassment Policy).
2. Any complaint of abusiveconduct will be investigatedin accordancewith the proceduresset forth in Section Bof RuleXXV (Anti -HarassmentPolicy). If the City concludes that prohibited abusive conduct occurred, appropriate corrective action will be taken, includingactionto stop furtherabusiveconduct. Disciplinaryaction, up to and including termination, may be imposed on employees who violate this policy. If the perpetrator is a non -Cityemployee, the Cityshalltakesuchactionas maybeconsistentwith the lawand within the City' s control.
C. APPLICATION
1. This Policy applies to all City employees, including all regular full-time and regular part- time employees, all other temporary/ part- time employees, contract employees, volunteers, customers and other members of the public, and anyone else who may be in or onCitypropertyoranyplacewhereCitypersonnelworkorotherwiseconductCitybusiness.
Violations of this policy by any individual may be followed by legal action as appropriate.
D. TRAINING
All supervisors and managers shall receive training and instruction on how to recognize and preventabusiveconduct, as providedin SectionC of RuleXXV (Anti -HarassmentPolicy).
Additional training and instruction may be providedor requiredfor other employees.
XXVII. DRUG - FREE WORKPLACE POLICY
A. PURPOSE
1. It is the intent of this personnel rule to eliminate substance abuse and its effects in the workplace. While the City has no intention of intruding into the private lives of its employees, involvementwith drugsand alcohol off the job can impact job performanceand employee safety. Drug and alcohol abuse has been found to be a contributing factor to absenteeism, tardiness, substandard performance, increased potential for accidents, disruptive behavior, increased workload for co- workers, poor morale, and impaired public relations. To further its interests in service to the community, avoiding accidents, promoting, and maintaining a safe and productive workplace and protecting City property, equipment and operations, the City may conduct drug and alcohol testing, as provided in this policy. 135
-141-
2. This policy applies to all employees regardlessof appointment type or time basis, including but without limitation, full- time, part-time, temporary, regular, probationary, or management employees), and to all applicants for employment with the City.
3. This policy applies to alcohol and all substances, drugs, or medications (legal or illegal) which could impair an employee' s ability to perform the functions of the job effectively and safely.
4. Consistent with federal law and the provisions of the California Adult Use of Marijuana Act, Proposition 64, the City does not permit the use, consumption, possession, transfer, display, sale, orgrowthof marijuanaon Cityownedor controlled property (including but not limited to buildings, parking lots, parks, and recreation facilities) or during City sanctioned or sponsored activities or events, regardless of the location. This is true even if the use of marijuana is for medical purposes authorized and permitted under the California Compassionate Use Act, Proposition 215.
AB 2188. Effective January 1, 2024, it is unlawful to discriminate against or otherwise penalize an employee or candidate for employment for their off -duty and off -site use of cannabis, or based on a positive test for non -psychoactive cannabis metabolites. This new Lawdoes not allow employees to use or be under the influence of cannabis while on duty, at anywork- related event, or on City property. This law does not apply to employeesinvolved in building or construction, or to employees in any position where state or federal law requires testing for controlled substances.
5. The City is committed to providing reasonable accommodation to those employees whose drugor alcohol problem classifies them as disabled under federal and/or state law.
6. Additionally, employees are expected to be in suitable mental and physical condition to perform their job satisfactorily and behaveappropriately. Shouldthe use of alcohol or other drugs interfere with job performance, employees may be offered rehabilitative assistance.
However, failure to meet satisfactory levels of job performance could result in disciplinary action up to, and including, dismissal.
B. EMPLOYEE RESPONSIBILITIES
1. An employee must not report to work or be on - call while his/ her ability to perform the job duties is impaired due to on duty or off duty alcohol or drug use.
2. An employee must not report to work with alcohol or impairing drugs ( illegal drugs, prescription drugswith or without a prescription, or non-prescription drugs) in their systems or possessor utilize such substanceswhile theyareon duty oron -call or during mealperiods or breaks.
3. An employee must not possess or use alcohol or impairing drugs ( illegal drugs, prescriptiondrugswith or without a prescription, or non-prescriptiondrugs) duringwork hours or while on -call, on breaks, meal periods or at any time while on City property. 136
-142-
4. An employeemust not directly orthroughathird partysell, purchase, or providedrugs or alcohol to anyperson, including anyemployee, while either employee or both employees are on duty or on -call.
5. An employee must submit immediately to an alcohol or drug test when reasonable suspicion exists, as supported by the observance of objective signs of impairment, that the employee is in violation of this rule and when requested to submit to the test( s) by a responsible City representative.
6. An employee must notify his/ her supervisor, before beginning work, when taking any medications or drugs (prescription or non-prescription) which may interfere with the safe andeffectiveperformanceofdutiesoroperationof Cityequipment. Anemployeewill notbe discriminated against for his or her doctor -prescribed or -ordered use of legal medications.
However, the City may take such action as is necessary to prevent the employee from workingif the employeeis impairedbysuchmedicationsandcannotsafelyandeffectively perform theirjob duties.
7. An employeemust provideto the City, orits designatedMedical ReviewOfficer, within twenty-four (24) hours of a request or, if the request is made on a Fridayor the day before a holidayby the close of the next businessday, a bonafide verificationof a currentvalid prescriptionfor any potentially impairingdrug or medication identified when a drug screen/ test is positive. The prescription must be in the employee' s name.
C. MANAGEMENT RESPONSIBILITIES AND GUIDELINES
1. Managers and supervisors are responsible for reasonable enforcement of this rule.
2. Managers and supervisors may request through the Personnel Office that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or on -call. " Reasonable suspicion" shall have the meaning set forth in Subsection D.
D. REASONABLE SUSPICION TESTING
1. When an employee' s supervisor and a second employee or supervisor have reasonable suspicion to believe an employee may be under the influence of alcohol, narcotic or any other controlled substance or other drug, that employee may be given a medical evaluationbya City -designatedmedical clinic on Citytime andat Cityexpense. This medical evaluation will be conducted to determine if alcohol or drugs are in the employee' s system.
2. " Reasonable suspicion" is based on objective facts sufficient to lead a trained supervisorto suspect is underthe influence of drugs or alcohol so that the employee' s ability to perform the functions of the job is impaired or so that the employee's ability to perform his/herjob safelyis reduced. Theitems listed belowinclude, but are not limited to, objective conditions which alone, or in combination, could lead to a reasonable suspicion that an 137
-143-
employee was under the influence of drugs or alcohol. Examples of controlled substances include but are not limited to: marijuana ( cannabis), amphetamines, opiates, phencyclidine PCP), cocaine andany derivativeor preparationof coca leaves, LSD, speedandQuaaludes, andanyothersubstancesas maybefoundin SchedulesI throughV of Section202of the Controlled Substance Act ( 21 U. S.C. 812) or any federal regulation adopted pursuant thereto, and as amended from time to time.
3. Reasonable suspicion may be justified by one or a combination of the following indicators:
Bloodshot or watery eyes
Slurred speech
Alcohol on the breath
Physical and/ or verbal altercation
Inability to walk a straight line
An accident involving City property
Possession of drugs or alcohol
Frequent absenteeism
Confusion/ difficulty in concentration
Noticeable change in behavior
NOTE: Theforegoinglist isnotintendedto beexhaustive. Otherfactorswill beconsideredby a supervisor or manager in determining that there is a reasonable suspicion that the employee is under the influence of, of his/her fitness for duty is impaired by drugs and/or alcohol.
4. The following steps establish a procedure to facilitate the medical evaluation process:
Step 1: The Department Head who believes based on his/ her observations or the observations of the employee' s supervisor or manager, that an employee may be under the influence of alcohol or drugs, must work with the City Manager and document, in writing within reasonable time, the facts constituting reasonable suspicion that the employee in questionisundertheinfluenceofdrugsand/oralcohol. TheDepartmentHeadwillmeetwith the City Manager, or designee, to discussthe employee's behavior. At that time, it will be determined if the employee should be tested for drugs and/ or alcohol. The City Manager, or designee, will arrange for an immediate appointment with a medical facility to conduct the test, unless the employee admits to being under the influence of alcohol or controlled substances or other drugs.
fiW- 11
-144-
An employee' s refusal to submit immediately to an alcohol and/or drug analysis when directed by management may constitute insubordination, and may be grounds for disciplinary action up to, and including, dismissal.
TheCity Manager, or designee, encountering anemployeewho refusesan orderto submit to a drug and/or alcohol analysis/test shall, with the assistanceof the PersonnelDirector remind the employee of the requirements to comply and the disciplinary consequences of failing to complywith this rule.
Step2: TheCitywill immediatelyprovidetransportationfortheemployeeto themedical facilityandwaitfortheteststobecompleted. Thetypeoftestingrequiredwillbedetermined by the physician.
Step 3: After beingtested, the employeewill be transportedhome, or in appropriate situations, to the hospital. The employee will continue receivingpay during this time and disciplinaryactionwill not be administeredfor alcoholand/or drugusein violationof this policy unless the test resultsshow the presenceof alcohol and/or drugs.
Information
obtained through this testing will be treated with strict confidentiality. When warranted, discipline may still be consideredfor other misconduct, such as unsatisfactorywork performance, insubordination, or workplace violence.
Step4: If alcohol and/or drugsare found in the employee's body, the City Manager, or designee, shall meet with the employee and explain the proposed disciplinary action. The employee shall be encouraged to seek professional assistance.
5. If an employee is convicted of criminal drug activity, the employee must notify the City Manager, or designee, of the convictionin writingwithin five calendardaysafterthe conviction.
E. SEARCHES
1. The City reservesthe right to lawfully search, without employee consent, all areas andpropertyinwhichtheCitymaintainscontrolorjoint controlwiththeemployee, including but not limited to, offices, desks, filing cabinets, closets, or other furnishings, vehicles, or facilities.
2. Managers and supervisors shall not physically search the person of the employee( s) without the freelygivenconsentof, and in the presenceof, the employee(s) and his/her representative( s) if so desired.
F. FOLLOW- UP; DISCIPLINE
1. A positive result from a drug and/or alcohol analysis/test may result in disciplinary action, up to and including termination.
a. If the drug analysis/test is positive, the employeemust providewithin twenty- four (24) hours of the request bona fide verification of a valid current prescription for the drugidentifiedin the druganalysis/test to the PersonnelDirectoror the City's 139
-145-
designated Medical Review Officer. The prescription must be in the employee' s name.
If the employeedoes not provide acceptable verification of a valid prescription, or if the prescriptionis not inthe employee's name, orif the employeehasnotpreviously notified his /her supervisor, as provided under Subsection B, paragraph6 of these Rules, the employee will be subject to disciplinary action up to, and including, discharge. TheCity Manager, or designee, the Department Headandthe CityAttorney will determine the most suitable disciplinary action basedon all pertinent facts and these Rules.
2. Should the results of the alcohol or drug test be negative, the employee may return to the workplace and perform regularjob duties, and no further action will be taken on the incidentthat gaveriseto the reasonablesuspicion, absentother factors indicatingthat return to work is not advisable or that further action is appropriate.
3. Nothing in this Policy shall preventthe City from contacting appropriatelaw enforcement should the City determine that the employee is engagedin the unlawful use, sale or distribution of controlled substances or otherwise engaged in illegal activitywhile on City premises, property or using City equipment.
G. DOCUMENTATION AND CONFIDENTIALITY
1. Recordsrelatingto job performance, attendance, andbehaviorshall bemaintained intheemployee's personnelfile. Onlythebehavioranddisciplineassociatedwithalcoholor drugs should be documented and placed in the employee' s personnel file.
2. Laboratoryreports or test reports shall not appear in an employee's general personnelfolder. All testsshallbemaintained, alongwith the employee's medicalrecords, in a confidential medical file separate from the personnel records and kept securely under the control of the PersonnelDirector. The reports or tests results may be disclosed to City managementon a strictly need -to -know basis, to the tested employee upon requestsor in responseto avalid subpoena, avalid searchwarrant, avalid court orderor other similar legal orders.
3. Various federal, state, and local laws protect the rights of individuals with disabilities and others with regardto the confidentiality of medical information, medical treatment, and the use of prescriptiondrugsand substancestakenundermedicalsupervision. Nothing contained in this policy is intended to interfere with individual rights under, or to violate, these laws.
XXVIII. MANAGEMENT RIGHTS
1. TheCityshallretain, whetherexercisedornot, solely, andexclusively, all expressand inherentrightsand authority pursuantto lawwith respectto determiningthe levelof, andthe mannerin which, the City's activities are conducted, managed, and administered.
2. TheCityhastheexclusiverightandauthorityto scheduleworkand/or overtimework as required in the manner most advantageous to the City. 140
-146-
3. Everyincidentaldutyconnectedwithoperationsenumeratedinjobdescriptionsis notalwaysspecificallydescribed; nevertheless, it is intendedthat all suchdutiesshall be performed by the employee.
4. The Appointing Authority reserves the right to discipline or discharge employees subject to the proceduresset forth in these PersonnelRules.
5. TheCity shall determineassignmentsand establishmethodsand processesby which assignments are performed.
6. TheCityshallhavethe exclusiverightto transferemployeeswithindepartmentsand to positionsoutsidea departmentinamannermostadvantageousto theCity.
7. TheCityshallhavetheauthority, withoutpriormeetingandconferring, to contractfor mattersrelatingto municipaloperations, includingcontractingout bargainingunitwork. The right of contracting or subcontracting isvested exclusivelyin the City.
8. TheCity hasthe right, without prior meeting and conferring, to effect reorganizations and reallocation of work of the City.
9. Theinherentandexpressrightsof the City, includingthose hereinspecifically referred to which are not expresslymodified or restricted bya specific provisionhereof, are not in any way, directlyor indirectly, subjectto meetingand conferringor the GrievanceProcedure herein.
141
-147-
APPENDICES
APPENDIXA: CITYOF HIGHLAND POLICYON TECHNOLOGY USEAND SECURITY APPENDIX B: MILITARY LEAVE POLICY
APPENDIXC: PAIDSICK LEAVEPOLICY FORTEMPORARY/PART-TIME EMPLOYEES 142
-148-
APPENDIX A
CITY OF HIGHLAND POLICY ON TECHNOLOGY USE AND SECURITY
I. Authority
ThisPolicyisenactedbythe CityCouncilto implementandadministerRuleVLFof the City of Highland Personnel Rules and Regulations (" Personnel Rules" or " Rules"). The City Manager is authorized to supplement this Policy by the modification and/or addition of provisions as he or she deems appropriate.
II. Purpose
The City of Highland (" City") provides various Technology Resources to authorized employeesto assist them in performing their job duties for the City. The City believesthat both productivityand efficiencyare improvedthroughthe use of electronic information systems such as the Internet and E-mail. The City encourages employees to use these resources in the workplace for research, education, and communications, but use of these resources is strictly limited to City -related business and official activities and shall be conducted in accordancewith the City's standards of professionalism and PersonnelRules and federal and state law. Each employee has a responsibility to use the City' s Technology Resources in a manner that increases productivity, enhances the City' s public image, and is respectful of other employees.
Failureto follow the City's policies regardingTechnologyResourcesmay result in loss of or restriction upon an employee' s privileges to use Technology Resources at any time without prior notice and mayleadto imposition of disciplinary action upto andincluding termination of employment. In addition, violation of the City' s policies regarding Technology Resources maylead to civil or criminal action or other legal action.
As set forth below, any non -employee authorized to use any of the City's Technology Resources shall also abide by and comply with all terms of this Policy, including but expresslynot limited to, anyappointed official, volunteer, consultant, or other independent contractor.
The City reservesthe rightto advise law enforcement or other appropriate legal authorities of anyviolationof law byanyemployeeor non -employeeresultingfrom, arisingout of or relatingto such person's use of the City's TechnologyResources.
III. Applicability to all City Officers and Employees
ThisPolicyappliesto allemployeesoftheCity, includingbutnotlimitedto employeesinthe competitive service, probationary employees, temporary/part-time employees, contract employees, management employees, and all other at -will employees, who use any City - providedaccessto the Internetand/or E-mail, or who useor accessanyotherTechnology Resourceof the City, regardlessof the user's location when accessingthe network or other Technology Resource.
143
-149-
IV. Technology Resources Definition
TechnologyResourcesshallhavethemeaningsetforthinRuleVLF, asmaybeamendedfrom time to time, or as supplemented by the City Manager, and shall include but is not limited to, all electronic media and storage devices, software, and means of electronic communication including any of the following: personal computers and workstations; laptop computers; iPads; mini and mainframe computers; computer hardware such as disk drives, tape drives, external hard drives and flash/ thumb drives; peripheral equipment such as printers, modems, fax machines, and copiers; computer software applications and associated files and data, including software that grants access to external services, such as the Internet. applications, or cloud storage accounts; City servers and Wi- Fi connection; electronic mail; mobile phones; tablets; personal organizersand other handheld devices; pagers; voicemail systems; and instant messagingsystems. Technologyresourcesis also intended to broadly include newor emergingdevices, technology, software and means of communications that may be developed or implemented in the future.
V. Authorization
Accessto the City'sTechnologyResourcesiswithin the sole discretion of the City. Generally, employeesaregivenaccess to the City's various technologies based on their job functions.
Onlyemployeeswhosejob performancewill benefitfromthe useof the City's Technology Resources are authorized to access and use the necessary technology. Additionally, employeesmaybe requiredto successfully complete City -approvedtraining beforethey are authorized to access and use the City' s Technology Resources.
VI. Use of Technology Resources
Except as otherwise expressly provided in this Section, the City's Technology Resources shall beused byemployeesonly for the purposeof conducting or carrying out Citybusiness and official activities.
Employeesmay use the City's TechnologyResourcesfor the following incidental personal uses as long as such use does not interfere with the employee's duties, is not done for pecuniarygain, doesnotconflictwiththe City's missionandactivities, anddoesnotviolate the Personnel Ordinance, the Personnel Rules, the provisions of this Policy or any other City ordinance or policy, or any provision of state or federal law:
1. To use mobile telephones or cellular telephones for brief and necessary personal calls;
2. To send and receive necessary and occasional personal communications; and
3. Toprepareandstoreincidentalpersonaldata (suchaspersonalcalendars, personal address lists, and similar incidental personal data) in a reasonable manner; and Notwithstandingthe foregoing, the City Manager, adirector, or department headmayfurther limit or exclude use of City Technology Resources for disciplinary or non -disciplinary reasons.
144
-150-
TheCity assumesno liability for loss, damage, destruction, alteration, receipt, transmission, disclosure, or misuseof anypersonaldata or communications transmitted overor storedon theCity'sTechnologyResources. TheCityacceptsnoresponsibilityorliabilityforthelossor non- deliveryofanypersonalelectronicmailorvoicemailcommunicationsoranypersonal data stored on anyCity property. TheCity strongly discouragesemployeesfrom storing any personal data on any of the City' s Technology Resources.
As providedin PersonnelRuleVLFof the PersonnelRules, and Section VIIIof this Policy, an employee has no expectation of privacy in any personal information, communications or data contained in or stored on any of the City's Technology Resources.
VII. Improper Uses
TheCityis awarethat employeesuseelectronicmailfor correspondencethat is lessformal than written memoranda. Employees must take care, however, not to let informality degenerate into improper use. The City' s Technology Resources shall not be used in violation of anyprovisionofthe PersonnelRules, or stateorfederallaw, includingbut notlimitedto, any of the following.
A. Prohibition Against Harassing, Discriminatory and Defamatory Use Assetforth morefully in the PersonnelRules, includingbut not limitedto the City's Anti - Harassment Policy ( Rule XXIV of the City' s Personnel Rules), the City does not tolerate discrimination or harassment based on gender, pregnancy, childbirth ( or related medical conditions), race, color, religion, national origin, ancestry, age, physical disability, mental disability, medicalcondition, maritalstatus, sexualorientation, familycareormedicalleave status, military status, veteran status, or any other status protected by state and federal Laws. Under no circumstances shall employees use the City' s Technology Resources to transmit, receive, distribute, display, or store any information, graphic images, messages, or texts that is discriminatory, harassing, defamatory, obscene, indecent, threatening, retaliatory, or that otherwise could adversely affect any individual, group, or entity (e.g., sexually explicit or racial messages, slurs, jokes, or cartoons).
B. Prohibition Against Workplace Violence
As set forth more fully in the Personnel Rules, the City does not tolerate violence or threats of violence in the workplace, toward any person, including but not limited to, toward any other employee, official, independent contractor, vendor, or member of the public. ( See Rule XXV, Policy Against Workplace Violence). Under no circumstances shall employees use the City' s Technology Resources to transmit,
receive, distribute, display, or store any
information, images, messages, or texts that contain any threats of violence or otherwise violate that Policy.
C. Prohibition Against Abusive Conduct As set forth more fully in the Personnel Rules, the City does not tolerate abusive conduct, or threats of abuse or bullying. (See Rule XXVI, Policy Against Abusive Conduct). Under no circumstances shall employees use the City' s 145
-151-
TechnologyResources to transmit, receive, distribute, display, or store any information, graphic images, messages, or texts that is abusive, threatens or otherwise violates that Policy.
D. Prohibition Against Violating Copyright Laws
E. Other Prohibited Uses
Inaddition to the foregoing, employeesshall not usethe City's TechnologyResourcesfor any of the following additional purposes:
1. Any unlawful or illegal purpose;
2. Any use for or in connection with the establishmentor conduct of outside employment or activities, or for other personal or pecuniary gain or solicitation;
3. Transmitting, receiving, disclosing, or otherwise communicating m any way confidential or proprietary information of the City or third parties;
4. Browsing, postingmessagesonbulletinboards, socialmedia, orparticipatinginchat rooms, except for City business or other official activities;
5. Threats, libel, slander, or defamation;
6. Political or campaign endorsements or other advocacy;
7. Use of software not required for City business or other official activities, use of software for games, or any other entertainment software;
8. Purchasingitems not intended for City related business or other official activities through the Internet;
9. Downloading of applications or programs from the Internet unless permission is grantedinwritingbythe DirectorandInformationTechnologyDepartment. Thisrestrictionis required in order to prevent infection of the City' s local network by computer viruses or impairment of the City' s security systems;
10. Attempting to circumvent security and data protection policies; or
11. Any purpose or use that violates any other City ordinance, resolution, policy, or regulation, or any other provision of law.
Vill. City Access To Technology Resources; No Right of Privacy All messagessent and received, including both City -related and personal messages, and all documents, information and data contained in or stored on any of the City' s Technology Resources (including on its electronic mail system, voicemail system, telephone system, or computer systems), and all applications and programs created or stored on the City' s TechnologyResourcessystems areCity propertyregardlessof the content. As such, the City reserves the right to access all of its Technology Resources including but not limited to its computers, voicemail, other telephone and electronic mail systems, and technology 146
-152-
resources, at anytime, in its sole discretion. No City official orem ployee, other than the City Manager, has authority to waive, vary or amend the City's right to access its Technology Resources. To be effective, any such waiver by the City Managermust be in writing and include the purpose, scope, and duration for the waiver.
A. No Reasonable Expectation Of Privacy; Right of Inspection Although the City does not wish to examine personal information of its employees, on occasion, the City may need to, and shall, monitor and access its TechnologyResources including computer files, electronic mail messages, and voicemail messages. All City employees who use any of the City's Technology Resources are on notice that they are subject to all of the following:
1. Employees have no right of privacy with respect to any files, messages, documents, information, or data created, collected, or maintained on the City' s Technology Resources, including personal information or messages.
2. The City may, at its discretion, inspect all files, messages, documents, information, or data on or stored in any of its Technology Resources at any time and without notice, to ensurethat useof the City'sTechnologyResourcesis limited to City businessorother official activities, and to ensure compliance with this Policy, the Personnel Rules and Personnel Ordinance, and all provisions of state and federal law. TheCity's inspection includes but is expresslynot limited to, reviewsof the content of documents, messages, files information, data, and web sites visited on the Internet, communications with other employees or officials, and communications with third parties, including random reviews, as well as all other information, documents, photographs, videos, imagesand any other data of anykind, stored, accessed, reviewed, displayed, received or sent with the use of the City' s Technology Resources.
3. The City may also monitor its TechnologyResourcesat any time in order to confirm compliance with its policies, for purposes of legal proceedings, to investigatemisconduct, to locate information, or for any other business or official purpose.
B. Passwords
Certain of the City's TechnologyResourcescan be accessedonly byentering a passwordor using login credentials. Passwords and login credentials are intended to prevent unauthorized access to information. Employees shall be provided with passwords and login credentials as may be deemed necessaryby the Information TechnologyDepartment, City Manager, Director or Department Head, may deem appropriate or necessary. Employees shall maintain any City- provided passwords and login credentials as confidential.
Employees shall not share City- provided passwords or forward login credentials unless authorized by the City Manager, Director, Department Head or Information Technology Department and must not access or use coworkers' systems without express authorization. 147
-153-
No employee shall place a lock, password, or other security device or code on any Technology Resource without written approval from the Information Technology Department. Concurrent with installation of any such approved lock, password, or other securitydeviceorcode, theemployeeshallalsoprovidethelogincredentialsandpassword, or other security device or code, or copy of any key, to the Information Technology Department, for the purpose of allowing the Information Technology Department, City Manager, Director and/ or Department Head to maintain access any City- issued Technology Resource.
AnyCity -issuedsecurity, codeordevicemaybemodifiedorremovedatanytime, intheCity's sole discretion.
Employees are advised that passwords and login credentials do not confer any right of privacy upon any employee of the City. Thus, even though employees may maintain passwordsor be providedwith login credentialsfor accessingTechnologyResources, employees must not expect that any information maintained on Technology Resources, including electronic mail and voicemail messages, are private.
C. Data Collection
The best way for employeesto ensurethe privacyof personal information is not to store or transmit it on the City's TechnologyResources. Sothat employees understandthe extent to which information is collected and stored, examples of information currently maintained by the City are provided below. The City may, however, in its sole discretion, and at anytime, alter the amount and type of information that it retains.
1. Telephone Use and Voicemail: Records are kept of all calls made from and to a given telephone extension. Although voicemail is password - protected, an authorized administrator can listen to voicemail messages and also reset the password.
2. Electronic Mail: Electronic mail is backed up and may be archived. Although electronic mail is password -protected, anauthorizedadministrator can readelectronic mail and also reset the password.
3. DesktopFacsimileUse: Copiesof all facsimiletransmissionsaremaintainedin the facsimile server.
4. Document Use: Each document stored on City computers has a history that shows which users have accessed the document for any purpose.
5. Internet Use: Internet sites visited, the number of times visited, and the total time connected to each site are recorded and periodically monitored.
D. Deleted Information
Deleting or erasing information, documents, or messages maintained on the City' s TechnologyResourcesis, in most cases, ineffective. All employeesshould understand that anyinformationkeptonthe City's TechnologyResourcesmaybeelectronicallyrecalledor recreated regardless
-154-
of whether it may have been " deleted" or " erased" by an employee. Because the City periodicallybacksup all files and messages, and becauseof thewayin whichcomputers reuse file storage space, files and messages may exist that are thought to have been deleted or erased. Therefore, employees who delete or erase information or messages should not assume that such information or messagesare confidential or everwere confidential. If a Legaldispute arises, or may arise in the future, it may be unlawful to attempt to delete or erase certain information. Employees shall fully comply with City policy regarding retention or destruction of information.
IX. The Internet And On - Line Services
The City provides authorized employees access to online services such as the Internet as deemed necessary by the City for performance of an employee's duties. The City expects that employees will use these services in a responsible way and for business -related purposes only. Under no circumstances are employees permitted to use the City' s Technology Resourcesto access, download, or contribute to Internet sites that contain inappropriate content such as that which is discriminatory, harassing, defamatory, obscene, indecent, threatening, or that otherwise could reasonably adverselyaffect any individual, group, or entity.
Additionally, employees shall not use the City's TechnologyResourcesto post, comment, send, or otherwise upload anyinformation to anyWeb sites or otheronline groups, including web logs ( i. e., " bios"), social networking Web sites, newsgroups, discussion groups, or non - Cityemailgroups, exceptin accordancewith the City's BloggingPolicyor asauthorizedby the City Managerand Director of Administrative Services. Theseactions will likely generate junk electronicmailandmayexposetheCityto liability. Employeeswhowishto accessthe Internet for non -work -related activities should obtain their own personal Internet access accounts that are unaffiliated with the City and use such accounts at home on their own personal computer without makingany referenceto the City.
X. Online Monitoring
TheCitymonitorsboththe amountof time spentusingonlineservicesandthesitesvisited by individualemployees. TheCity reservesthe right to limit such accessby any means available to it, including revokingaccess altogether. The City, through technological tools, mayalsoprohibitor limit accessto certainWebsitesconsideredinappropriatebythe City or its technology provider.
XI. Confidential Information
The City is sensitiveto the issue of protecting confidential information and, where
applicable, to the protections of trade secrets and proprietary information of third parties Confidential Information"). Therefore, employees are expected to use good judgment when usingortransmittingConfidentialInformationontheCity'sTechnologyResources.
Confidential Information should not be accessed through the City's Technology Resources in the presenceof unauthorizedindividuals. Similarly, ConfidentialInformationshouldnot 149
-155-
be left visible or unattended. Moreover, any Confidential Information transmitted via TechnologyResourcesshouldbe markedwith anappropriateconfidentialitylegend, such as:
This message contains confidential information. Unless you are the addressee ( or authorized to receive such information for the addressee), you shall not copy, use, or distribute this information. If you have received Confidential Information in error, you shall immediately advise the sender, addressee, and Information Technology Department at (909) 864-6861 ext. 212 or return it promptly by mail:" Employees shall be required to adhere to City' s security policy with regard to Confidential Information and take all appropriate measures to safeguard the confidentiality and security of such information. Employees should avoid sending Confidential Information via the Internet, except when absolutely necessary. Employeesshould also verify electronic mail addresses before transmitting any messages containing Confidential Information.
XII. Software Use
A. License Restrictions
All software in use on the City's TechnologyResourcesis officially licensed software. No software is to be installed or used that has not been duly paid for and licensed appropriately for the use to which it is being put. As outlined above, no employee may load any software on the City's computers, by any meansof transmission, unlessauthorizedin writing in advancebythe InformationTechnologyDepartment, andDirectororDepartmentHead, and thoroughlyscanned for viruses or other malware prior to installation.
B. Software and Other Technology Resources For Home Use Beforetransferring or copying any software from a City TechnologyResourceto another computer or other device, employees must obtain written authorization from the InformationTechnologyDepartment and Director or Department Head. It is the employee's responsibility to adhere to applicable licensing requirements, including not making or distributingunauthorizedcopiesofsoftwareto others. UpondeparturefromtheCity, it isthe employee's responsibility to remove all City software from non -City computers and other devices on which City software has been installed. If an employee sells or otherwise transfers out of his or her own possession or control his or her own personally owned computer, he or she must delete all City software prior to such sale or other transfer in accordance with the instructions from the Information Technology Department.
C. Security
TheCityhasinstalledavarietyof programsanddevicesto ensurethesafetyandsecurityof theCity'sTechnologyResources. Anyemployeefoundtamperingwithordisablinganyofthe City's security deviceswill be subject to discipline up to and including termination.
To maintain the effectiveness of the City' s security measures, employees should use only secure networks established by the City to access or use Confidential Information. Such 150
-156-
information may not be downloaded, stored, or copied onto any non -City equipment or media (including personallyowned computer, handheld devices, external memory devices, or disks) without prior written approval of the Information Technology Department and Director or Department Head. If Confidential Information is downloaded, stored, or copied onto non -City equipment or media, employees must take all appropriate measures to safeguardagainstloss, theft, damage, or breach of such equipment or media. If Confidential Information is downloaded, stored, or copied onto non -City equipment or media, employees must permanentlydeletesuchinformationpriorto sellingor otherwisetransferringout of their own possessionor control such equipmentor media. If ConfidentialInformationis downloaded, stored, or copied onto non -City equipment or media and employee resigns, is terminated, or is requested to do so by management, employees must delete all Confidential Information they received, including any and all copies thereof. Similarly, employees may not send Confidential Information to their personal e-mail accounts, even for work -related purposes, without prior written approval of the Information Technology Department and Director or Department Head.
Anylossor suspectedlossof ConfidentialInformation, oranysusp1c1ousactivitysuchas externalhackingattemptsorunusualinternalactivity, shallbereportedimmediatelyto City management.
D. Remote Access To Technology Resources
TheCity may, at its sole discretion, provide certain employeeswith remote access systems such as a laptop, smartphone, Pad, tablet, or other personalorganizerto allow such employees to handle the tasks associated with theirjobs while working awayfrom the office.
Anyauthorizationfor useof such remoteaccesssystemmustbe in writing, signedbythe Information TechnologyDepartment and Director or Department Head.
Employees must take care to ensure the security of all City -provided equipment. Employees must not share network passwords, security codes, login credentials or other PINs with anyone. As soon as an employee believes City - provided equipment is lost or that the security and confidentiality of the data on that equipment has been compromised, he or she must immediately notify his/her Department Head or Director and the Information Technology Department. TheCity- provided remote access system shall only be used for City -related business or official City activities.
TheCity maydecidethat it is no longernecessaryfor certain employeesto possessa remote access system and their ability to use such systems may be discontinued, in which case such employees shall promptly return any City -issued remote access systems in accordance with City policy.
Useof public or home networks, such as unencryptedWi-Finetworks, can be athreat to the security and reliability of the City's Technology Resources. Accordingly, employees must only accessCity TechnologyResourcesvia meansthat are specificallyapprovedby the Information Technology Department.
E. Electronic Mail Guidelines
151
-157-
Employees are expected to use sound judgment with respect to use of the City' s electronic mail (" e- mail"). All employees should adhere to the following with respect to use of e-mail:
1. Always ask before sending an e- mail if it is the appropriate medium of communication. When communicating about a sensitivesubject, consider whether e-mail is the appropriate medium or whether using the phone rather than e-mail might be more appropriate (butkeepin mindthatvoicemailissimilartoe-mail; voicemailmaybestoredon a computer server and may be forwarded to third parties).
2. Use the " front page" test. Assuming that e-mail is the appropriate medium of communication, each e-mail should be treated as a formal written document. Do not write anythingin ane-mailthat couldnot beprintedonthefrontpageof the newspaper. Off-the- cuff, sarcastic, or angry comments can come back to haunt the author.
3. E-mail is part of the workplace environment. E-mail containing rude and insensitive comments is not only personally embarrassing, but also may serve as the basis for legal liability. Employees and managers should exercise the same care and sensitivity in communicating via e-mail as they would when communicating in person or in letters.
Offensive e-mail received from others should not be forwarded, and the recipient should ask the sender to refrain from sending inappropriate e- mail.
4. Provide context. As with other forms of communication, there is a risk that an e-mail messagemaybetaken out of context. Toreduce the riskthat the messagewill be taken out of context, consider including the original messageto which the reply e-mail relates.
5. Knowyour audience. When sending an e-mail, always double-check to whom the e- mail is addressed, especially when using the " reply to all" button. Ask whether it is appropriate for each addressee to receive the e-mail and whether sending the e-mail to a particularaddresseewill resultin the unauthorizeddisclosureof ConfidentialInformation.
If in doubt, remove the doubted addressee.
6. Avoid using a home or personal computer for business purposes. If there is any concern that a legal dispute or litigation involving the City and a third party may require producingone'sharddrivefroma homeorpersonalcomputer, theemployeeshouldnotuse the device for business -related purposes. E-mail relating to City business, even though stored on a homeor personal computer, is recoverableand discoverable in litigation.
F. Retention and Destruction
Retention and destruction of information retained on the City' s Technology Resources may be subject to other City ordinances, resolutions, and policies, including but not limited to, the City's RecordsRetentionPolicy, as well as federal, state, and local lawssuch as the California Public Records Act ( Cal. Gov. Code § 6250 et seq.). All employees shall abide by all provisionsandtermsofsuchotherordinances, resolutions, ordinances, andlaws.
G. Violations
152
-158-
Violations of the City's TechnologyResourcesPolicyshall be reviewed on a case -by -case basis. Violation of this Policy may result in loss of or restriction upon an employee' s privileges to useTechnologyResourcesat anytime without prior notice. In addition, an employeewho violates this Policy may be subject to disciplinary or legal action up to and including termination from employment and/ or criminal or civil penalties or other legal action.
Employees should be aware that access to Internet sites from City computers leaves an electronic trail which may betracked backto a Citycomputer and that E-mail messagesand other information and data which has been erased from the hard drive on an individual computer may still be retrieved by computer technicians.
H. Audits
TheCity mayperformauditingactivityor monitoringto determinecompliancewith these policies. Auditsof softwareand data storedon the City's TechnologyResourcesmaybe conducted without warning at any time or disclosure to employees.
I. Modifications
TheCity mayat anytime delete, modify, amendand/or supplementthe TechnologyUse Policy, at its sole discretion.
EMPLOYEE ACKNOWLEDGMENT
I havereceivedand reada copy of the City of HighlandTechnologyUsePolicy. Iacknowledge and understandthe terms of this Policyandagreeto abide bythem at all times. I understand that violation of this Policy may result in loss of or restriction upon my privilegeto use TechnologyResourcesat anytime without prior notice. Ifurther understandthat myviolation of this Policymaysubject me to disciplinary or legalaction up to and including termination from employment and/ or criminal or civil penalties or other legal action.
Ifurther acknowledge that this document will be placed in my personnel file.
Date Employee Signature
Employee Name [ Please print]
153
-159-
APPENDIX B
CITY OF HIGHLAND MILITARY LEAVE POLICY
I. PURPOSE
TheCity provideseligibleemployeeswith military leavein accordancewith federallaw Uniformed Services Employment and ReemploymentRightsAct of 1994, 38 U.S.C. § 4301 et seq.) ( USERRA) and California law ( Military & Veterans Code§ 387 et seq.), as amended from time to time. This Section sets out the basic parameters of applicable law and is not intended to expandany rights beyondthose provided byfederal and state laws. Inthe event of any conflict between this Section and applicable federal or state law, the applicable federal or state law will prevail. Answersto specific questions regardingthe application of USERRAand state law may be obtained by reviewingthe applicable statutes directly.
II. PAYMENT OF FULL SALARY
Anemployeeon active duty and who otherwisequalifies for military leaveunderthis Section is entitled to receive his/ her full salary for the first thirty ( 30) calendar days of that military Leave, subject to all of the following requirements:
A. Temporary Military Leave of Absence
An employee ordered to active military training, encampment, naval cruises, special exercises, or the like, is entitled to receive his/ her Full Salary for the first thirty ( 30) calendar days of the temporary military leave of absence.
B. Indefinite Military Leave of Absence
An employee who is inducted, enlists, enters, or is otherwise ordered or called into active duty is entitledto receivehis/her FullSalaryfor the first thirty (30) calendardaysof that indefinite military leave of absence.
C. Emergency Military Leave
Anemployeewho is a member of the California National Guardwho is orderedto active duty during an emergencydeclared bythe Governorof California or under other circumstances where the Governor is authorized to call the National Guard into active service is entitled to receiveFull Salaryfor the first thirty (30) calendar days of the declared emergency. Eligible employees are entitled to pay for the first (thirty) 30 calendar days included during each declared emergencyin California, regardlessof the number of emergenciesdeclared during a particular fiscal year. (California Military & Veterans Code§ 395. 05; 83 Ops. Cal Atty. Gen. 148 ( 2000).)
D. Determination of Full Salary
FullSalaryisdeterminedbasedonthenumberofworkingdaystheemployeewouldnormally work duringthe thirty (30) calendar days. Stateddifferently, it is the salary or compensation 154
-160-
that is normallyreceivedbythe employeeduringthirty (30) calendardays, notthirty (30) workdays of pay.
E. Determination of 30- Day Period
Militaryleavebeginsonthefirstdayofordereddutyandendsonthelastdayoforderedduty; and includes workdays, non -workdays, holidays, and reasonable travel time.
F. Inactive Military Duty Unpaid
An employee on TemporaryMilitary Leaveof Absence, Indefinite Military Leaveof Absence, of EmergencyMilitary Leaveof Absencefor inactive duty training is not eligible for payment of Full Salary. ( California Military & Veterans Code§§ 395( b) and 395. 01( b).) G. Fiscal Year Limitation
Eligible employees are entitled to a maximum of thirty ( 30) calendar days of Full Salary for anyoneleave, orfor a combinationoftemporaryandindefiniteleaves, duringafiscalyear.
California Military & Veterans Code § 395. 03.) If an employee is on military leave for active dutythat extendsfrom onefiscalyearintothe nextfiscalyear, the numberof calendardays fallinginthesecondfiscalyearwill beincludedinthecalculationofthe30calendarday periodforthe secondfiscalyear. InnoeventshallanemployeereceiveFullSalarywhileon militaryleave(s) for activedutyformorethanthirty (30) calendardaysinanyonefiscalyear.
H. Repayment Obligation
IftheCityoverpaysFullSalaryto anyemployeewhilethe employeeisonmilitaryleave, the employeeshallpromptlyrepaytheCityforsuchoverpaymentwithinthirty (30) calendardays of service of written notice from the City.
I. Withholding
Full Salaryshall be subject to all appropriate mandatory deductions and withholdings (e.g., federal and state income tax withholdings, SDI, Medicare, and any applicable wage garnishment orders), and anyvoluntarywithholdings and deductions. Voluntarydeductions shall continue unless the employee notifies the City through submittal of the appropriate cancellation forms.
III. USE OF ACCRUED LEAVE.
An employee on military leave may, upon his/her request, during such period of military leave use anyvacation, annual, or similar leave with pay accrued bythe employee before the commencement of such military leave. The Citywill not require an employee to use vacation, annual, or similar leave during such period of military leave.
IV. BENEFITS
During military leave, employees are entitled to the non -seniority rights and benefits generallyprovidedbytheCityto otheremployeeswith similarseniority, status, andpaythat are on furlough or leave of absence, except as provided in subparagraph D. 155
-161-
A. Health Insuranceand Disability Premium Benefits. Employeeson military leavemay continue to be covered by the City's health insurance and disability insurance plans if they elect continuation coverage in accordance with this Section.
1. Employees with less than thirty ( 30) days of service with the City will not be eligible for health insurance or disability insurance benefits pursuant to the requirements of the City' s health insurance and disability insurance plans.
2. Employees who are covered bythe City' s health insurance or disability insurance plan at the time their military leave commences, may elect to pay for continuation coverage similar to COBRA) for up to the lesserof (i) twenty-four (24) months from the date the leave began or (ii) the day afterthe date on which the person fails to applyfor or return to a position of employment. ( 38 U. S. C. § 4317.)
3. Employees shall comply with any applicable requirements for election of continuation coverage, as imposed by the health care or disability plan, and further subject to any applicable federal regulations.
4. If an employeeperforms service in the military for less than thirty-one (31) days, the employee' s health care coverage will continue for that period of time subject to the employee's payment of the employee's regular share of employee health insurance premiums. Duringthis period, the employeewill not be requiredto paymorethan the regular employee share of the health insurance premiums for health plan coverage.
S. Forany periodof unpaidmilitary leaveof thirty-one (31) daysor more, employeesmay elect to pay for continuation coverageas provided in subparagraph (b). The employee may be required to pay no more than 102% of the full premium under the plan, which represents the employer' s share plus the employee' s share, plus 2% for administrative costs. ( 20 C. F. R. 1002. 166( b).)
6. TheCitywill continue to payits designatedcontribution towardthe cost of health and disability insurancepremiumsfor the employeeand any dependentsfor up to four (4) months in a calendar yearfor an employee on military leave, whether such military leaveis paid or unpaid.
7. Military leave of more than thirty ( 30) days constitutes a " qualifying event" that triggers COBRA notification to qualified dependents.
B. Service Credit
Service credit accrues during military leave of absence for purposes of retirement, any length of service requirements under the City' s retirement program or any other benefit program. A personreemployedunderthis Sectionshallbetreatedas nothavingincurreda break in service with the City by reason of such person's period or periods of service in the uniformed services.
C. Other Benefits While on Unpaid Leave
156
-162-
Questionsregardingother benefit plans should be referredto Personnel. Regardlessof continued coverage under or the availability of the various plans, war exclusions may apply, as provided by the involved plan, carrier, or both.
D. Notification of Intent Not to Return.
Anyemployeeonmilitaryleavewhoknowinglyprovideswrittennoticeofintentnotto return to his/herpositionof employmentafterserviceintheuniformedservice, isnotentitledto rights and benefits that arenot determined byseniority as aregenerallyprovidedbythe City to employeeshavingsimilar seniority, status, and paywho are on furloughor leaveof absence under a contract, agreement, Section, practice, or plan in effect at the commencement of such service or established.
V. REEMPLOYMENT/ REINSTATEMENT.
Followingreleasefrom military service, employeeswill havethe right to returnto City employment, subject to the procedures and limitations provided byfederal and state laws.
Employees must timely follow reporting, application, and documentation requirements.
A. Five - Year Limit
An employee hasa rightto reemploymentwhere the cumulative length of absencefrom the Citybyreasonof serviceinthe uniformedservicesdoesnotexceedfive (5) years. Thefive- yearperiod, includinganyperiodsexemptfromthefive-yearperiod, shallbedeterminedin accordance with applicable statutes and regulations. ( 38 U. S. C. § 4312.) B. Reporting Requirements
1. 30 Daysor Less: Employeesperforming30 daysor less of military servicemust report backto work at the beginningof the next regularlyscheduled work shift that beginsafter the employee' s safe return home plus twenty- four ( 24) hours.
2. Fitnessto PerformService: Employeeswho are absent from work for a period of any lengthfor purposesofanexaminationto determinetheirfitnessto performservicein the uniformed services, must report back to work at the beginning of the next regularly scheduled work shift that beginsafter the employee's safe return home plus eight (8) hours.
3. 31 Days to 180 Days: Employees returning from 31 to 180 days of military leave must submit an application for reemployment no laterthan fourteen (14) daysafter completion of military service.
4. 181Daysor More: Employeesreturningfrom 181daysor more of military leavemust submit an application for reemployment no later than ninety ( 90) days after the completion of service.
C. Seasonal and Temporary Employees
Seasonal and temporary employees will have a right to reinstatement and reemployment onlyto the extent required byfederal and state laws.
157
-163-
D. Notice/ Application
Notice that an employee is returning to work or an application for reemployment must be made to the Personnel Manager unless the employee is notified that a different supervisor or managerwill serveas the contact. If that person is not available, the application may be providedto the Chief ExecutiveOfficer. An applicationfor reemploymentmay be oral or written. However, an application for reemployment in writing is strongly encouraged as the best means to preserve the employee's reemployment request. If the 14-day or 90-day deadline falls on a day when no one is available to accept the application, the time is extended to the next business day.
E. Failure to Meet Deadlines
Timedeadlines maybeexcusedor extendedonly under the special circumstances provided by law. Employeeswho fail to apply for reemployment or reportfor work or both, within the time limits required by law, may be considered to haveresignedtheir employment, waived reemployment rights or may be subject to disciplinary action up to and including termination, as provided under City polices, rules or procedures.
F. Establishing Eligibility
Employeesreturningafter 31 days or more of military service must provide documentation establishingtheir militaryserviceandeligibilityfor reemployment. Anemployeeis entitled to reemployment upon establishing that:
1. The employee must have provided prior oral or written notice of the impending service.
2. Theemployee's cumulative period or periods of servicewhile employedwith the City shall not have exceeded five years.
3. The employee must have completed the period of service without having received a punitive or other than honorable discharge or having been dismissed or dropped from the rolls of the uniformed service.
4. The employee must have made a timely application for reemployment or have been timely in reporting back to work.
G. Unavailable Documentation
Thefailure to providedocumentation will not be usedasthe basisfor denyingreemployment if it does not exist or is not available at the time of the City' s request. However, if after reemployment, documentation becomes available showingthatthe employee did not meet the reemployment criteria, the City may retroactively deny reemployment and immediately terminate the employee' s employment.
H. Honorable Separation from Service
TheCity hasthe rightto refusereemploymentor to terminatean employeefor separation from the service with a dishonorable, bad conduct or other than honorable discharge, 158
-164-
dismissal of a commissioned officer in certain situations involvinga court martial or order of the President in time of war or having been absent without City for more than three months orimprisonedbyaciviliancourt, oronsuchotherbasisprovidedbyFederalorStatelaw.
Reemployment Position
1. An employee returning from military service will be placed in the reemployment position with the pay, rights and benefits required by law. Generally, the returningemployee is returned to the same or equivalent position with equivalent benefits, pay and other terms and conditions of employment and without loss of job seniority or any other status or benefits accrued prior to or during military leave, provided the employee would still be employed if military leave had not been taken (with the exception of an uncompleted observation period or as otherwise specified in Subdivisions (2) and (3), below).
2. If an employee has not yet completed his/herobservation period at the time his/her military leave commences, his/ her observation period must be completed upon reinstatement. Time spent on military leave(s) shall not count toward completion of an observationperiod. Anemployee's observationperiodwill beextendedbythe lengthof the militaryleaveandisfurthersubjectto anyotherrequirementsofthis PersonnelManual.
3. Ifthe employee's position hasbeenabolished or otherwiseceasedto existduringthe employee' s absence, the employee will have the same rights and privileges as though he/she had occupied the position when it ceased to exist.
J. Other Rights and Benefits
As noted, militaryserviceis consideredservicewith the City for retirementvestingand certain benefit accrual purposes. In addition, where applicable, reemployed service members will be credited with additional seniority, rights and benefits the member would have received if the member had remained continuously employed. If a returning employee' s healthplanterminatedwhileonmilitaryleave, noexclusionorwaitingperiodwill applyon reemployment unless such exclusion or waiting period would have applied had the coverage not been terminated as a result of the military service or as authorized by law.
K. Leave of Absence on Spouse' s Return from Deployment ( Mil. & Vet. Code§ 395. 10)
1. Eligibility Requirements
a. During those periods of time that the City has twenty-five ( 25) or more employees, the City will provide unpaid leaveto an employee whose spouse is on Leave from deployment, if the employee meets all of the following conditions:
i. The employee works an average of twenty ( 20) hours or more per week for the City; and
ii. The employee' s spouse is a member of the National Guard, United States Armed Forces, or Reserves, who is deployed during a period of military conflict and is on leave from a deployment to a combat theater or combat zone. 159
-165-
b. " Periodof Military Conflict" meanseither a declaration of war from the United States Congress or the calling up of reserve military units for active duty pursuant to 10 USC Sections 12301 and 12302, or Title 32 of the United States Code.
2. Length of leave: The maximum duration of leave shall be ten ( 10) days.
3. Purpose of leave: The leave must be while the employee' s military spouse is on leave from deployment.
4. Procedures
a. The employee must give notice of intent to take unpaid leave within two business daysof beingnotified of his/herspouse's leavefrom deployment; and b. The employee must submit written documentation to the Personnel Manager, certifying that his/herspousewill be on leavefrom deployment.
VI. SPECIAL PROTECTION AGAINST DISCHARGE, EXCEPT FOR CAUSE Thereturningveteranwho meetsthe USERRAeligibilitycriteria (SectionV, SubsectionFof this Policy) maynotbedischarged, exceptfor cause, withinoneyearafterreemployment, if the veteran's periodof servicewas 181daysor more. ifthe periodof servicewas 31-180days, theperiodofspecialprotectionis 180days. Iftheemployeeisdischargedduringthespecial protectionperiod, the City must provethat the employeewas dischargedfor cause. This special protection provision applies even if the employeewas in an at -will or probationary status before leaving for service. As used in this Policy, "cause" shall have the meaning set forth in Section ( B), Causes for Disciplinary Action, of Rule XX, Disciplinary Action, of the Personnel Rules.
VII. DISCRIMINATION AND RETALIATION PROHIBITED
It isthe intent of the Citythat discrimination, retaliation, andacts of reprisal againstpersons who haveservedor areservingin the uniformed services, including those who applyto bea member of or to perform service, are prohibited, as providedin federal and state laws. 111H9]
-166-
APPENDIX C
CITY OF HIGHLAND PAID SICK LEAVEPOLICY FOR PART-TIME AND TEMPORARY
EMPLOYEES
I. Purpose and Authority
This Policy is enacted pursuant to Rule XV ( Employee Benefits), Section C. 4. b of the PersonnelRulesof the City of Highland in accordancewith the HealthyWorkplaces, Health Families Act of 2014 ( Cal. Labor Code § 145 et seq.) ( Assembly Bill 1522), as amended by Assembly Bill 304, Stat. of 2015 (collectively "the Act"). The provisions of the Act became operative on July1, 2015. The Act provides that employee who work 30 or more days in a twelve-month period are entitled to paid sick leaveto be accrued at a rate of no less than one hourfor every30 hoursworked beginningon July1, 2015, or the first dayof employment, whichever comes later.
II. Applicability
A. This Policyapplies to any person employedon a temporary basis by the City as a (i) seasonal employee; ( ii) temporary/ part- time employee; or ( iii) contract employee, as designatedbythe City Manageror designeeat time of hire, andwho work 30 or moredaysin a twelve- month period, eligible pursuant to Section 111. 13of this Policy.
B. ThisPolicydoes not apply to anyof thefollowing positions in the City:
1. The City Manager and any other management employees;
2. Probationary or regular employees ( either full- time or part- time);
3. Anyemployeescoveredunderanymemorandumof understandingbetweentheCity of Highland and any bargaining unit of the City that meets the requirements of Section 245. 5( a)( 1) or ( 20 of the California Labor Code; or
4. Anyemployeeof the City who is a recipient of a retirement allowance and employed without reinstatement into his/ her respective retirement system pursuant to either Article 8 commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.
C. In accordance with the Act, employees subject to this Policy shall be eligible to accrue and use paid sick leave for the employee's own health condition and for a family member' s health condition, subject to the terms and conditions outlined in this Policy and as otherwise required by the Act.
III. Definitions
Thefollowing terms shall havethe following meaningswhen used in this Policy, except as otherwise stated herein or in the City of Highland Personnel Rules:
161
-167-
A. " City" means the City of Highland.
B. " Department Director" means any person appointed or employed in a position to oversee, supervise, and manage a City department, including but expressly not limited to, the BuildingOfficial, City Clerk, Director of Administrative Services, Directorof Community Development, and Director of Public Works/ City Engineer. Also known as a " Department Head:'
C. " Eligible Employee" or " Employee" means any employee listed in Section I.A of this Policywho is eligiblefor sick leavepursuantto this Policy, including anyemployeeemployed on anas -neededortemporary basis andwho works lessthan twenty (20) hours perweek, or Lessthan one thousand ( 1,000) hours per year, and who may or may not have a regular schedule.
D. " FamilyMember" means an employee's child, spouse, registereddomestic partner, sibling, parent, grandchild, or grandparent; a child, sibling, sibling, parent, grandchild or grandparentoftheemployee's spouseor registereddomesticpartner; orothermembersof the employee'sfamily residinginthe employee's hometo whom the employeestandsin loco parentis.
1) " Child" means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parent; and this definition is applicable regardless of age or dependency status.
2) " Domestic Partner" means a member of a domestic partnership, as that term is defined in Family Code section 297.
3) " Parent" means a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee' s spouse or registered domestic partner, or a person who stood in loco parentiswhen the employeewas a minor child.
E. " Management employee" shall have the same meaning as " management employee" in Rule II of the Rules.
F. " Personnel Ordinance" means Ordinance No. 39, as codified in Highland Municipal Code Chapter 2. 52 ( Sections 2. 52. 010 et seq.), and as amended from time to time.
G. " Personnel Director" means the employee appointed by the City Manager to carryout the designated duties of the Personnel Director or Personnel Officer set forth in the Personnel Ordinance and/ or the Rules.
H. " Rules" means the City of Highland Personnel Rules, as amended from time to time.
IV. Eligibility and Accrual.
A. Eligible employees shall start accruing Paid Sick Leave once they have completed thirty (30) days of servicewith the City. Such eligible employees will accrue one (1) hour of PaidSick Leaveper each thirty (30) hoursworked starting upon date of hire, or July1, 2015, whichever is later, up to a maximum of 3 (three) days or 24 hours per calendar year. 162
-168-
B. Eligible employees may use accrued Paid Sick Leave for uses defined by state statute or regulation as set forth in Section V of this Policy.
C. An employee may use available paid sick days beginning on the 90th day of employment. The City may lend Paid Sick Leaveto an eligible employee in advance of accrual, with properdocumentation requiredbythis Policyand uponthe approvalof the City Manager or his/ her designee, in the City Manager's/designee' s sole discretion.
D. When an employee has been on sick leave, the City reserves the right to make any investigation of the illness it deems necessary, including, but not limited to requiring a doctor' s certificate. All approvals of sick leave usage shall be made by the Department Director subject to the approval of the Personnel Director.
V. Allowable Uses of Paid Sick Leave
TheCity will allow use of PaidSick Leavein accordance with the Act and its implementing state regulations, which currently include the following purposes:
A. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee' s family member;
B. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposesdescribedinCaliforniaLaborCodeSection230(c) andSection230.1(a) including, but not limited to the following:
1) To take time off from work to obtain or attempt to obtain any relief, including but not limited to, a temporary restrainingorder, restrainingorder, or other injunctive relief, to help ensurethe health, safety, or welfareof the victim or their child. 2) To seek medical attention for injuries caused by crime or abuse. 3) To obtain services from a domestic violence shelter, program, rape cns1s center, or victim services organization or agency as a result of the crime or abuse. 4) To obtain psychological counseling or mental health services related to an experience of crime or abuse.
5) Toparticipate in safety planningandtake other actions to increasesafetyfrom future crime or abuse, including temporary or permanent relocation.
C. Any other use required by state law, as amended from time to time.
VI. PROCEDURES:
A. Paid Sick Leave is compensated based upon the eligible employee' s normal hourly rate or an average of multiple rates, should the employee work in multiple pay classifications, for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek Paid sick time for nonexempt employees shall be calculated by dividing the employee' s total wages, not including overtime premium pay, by the employee's total hours worked in the full pay periods of the 163
-169-
prior 90days of employment -Paidsick time for exempt employeesshall be calculated in the same manner as the City calculates wages for other forms of paid leave time.
B. Eligible employees shall follow established department procedures for requesting sick leave. Reasonable advance notice, orally or in writing, shall be provided for foreseeable Leave. For unforeseeable leave, the employee must notify their employer as soon as practicable. All requests for the use of PaidSick Leave, whether foreseeable in advance or otherwise, shall be made and recorded usingthe approved leave request form. The approved leave form shall then be attached to the timesheet upon submission to the Payroll Division.
In addition, the employee shall comply with the following requirements:
1) The employee shall notify the department not later than 30 minutes prior to the beginningof the employee's work shift that the employee will be absentdue to illness. 2) The notification must be left with the employee' s immediate supervisor, or if the supervisor is not available, with the Department Director. A message left on an answering machine or text message to eitherthe employee' s immediate supervisor orthe Department Manager does not constitute notification of the department unless specifically authorized in advance by the Department Director in writing.
C. Employees will only be eligible to receive paid sick time for the number of hours they would have worked during their scheduled shift. For example, if the employee was scheduled for a four hour shift, they will be compensated with four hours of paid sick time only.
D. The City limits the use of paid sick days to 24 hours or three days in each calendar year. See also Section VI.I regarding accrual, below.
E. Paid Sick Leave hours shall be recorded on an employee' s timesheet in the pay period in which the absence occurs and shall be recorded to reflect the day of the absence.
F. Eligible employees must use sick leave in at least one -quarter (. 25) hour increments.
G. The employee shall not be required, as a condition of using paid sick days, to search for orfind a replacement worker to coverthe days duringwhich that employee uses Paid Sick Leave.
H. The amount of accrued leave per pay period shall be recorded on the eligible employee' s payroll stub each pay period.
I. Accrued paid sick days shall carry over to the following year of employment subject to the following provisions. The City limits an eligible employee's use of accrued paid sick days to 24 hours or three days in each calendar year. An employee' s accrual of paid sick leave shall not exceed a total of 48 hours or 6 days.
VII. Non - Retaliation Policy
Employees shall not be denied the use of accrued Paid Sick Leave, shall be free from discharge, threats of discharge, demotion, or suspension, and shall not be subjected to 164
-170-
discrimination or retaliation for exercising their right to use accrued Paid Sick Leave, attemptingto use PaidSick Leave, filing a complaintwith the CaliforniaDepartmentof Industrial Relations, alleging a violation of the Act, cooperating in an investigation or prosecution of an allegedviolation of the Act, or opposingany policy or practice or act that is prohibited by the Act.
VIII. Termination Procedures; Reinstatement Upon Rehire A. Paid Sick Leave has no cash value upon separation. The City shall not compensate any temporary/part-time employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment.
B. TheCityshall maintain a recordofthe employee's balanceof accrued PaidSickLeave at separation. Tothe extent required by state law, if an employee separates from the City and is rehiredbythe Citywithin oneyearfromthe dateof separation, previouslyaccruedand unused paid sick days shall be reinstated; and the employee shall be entitled to use those previouslyaccruedandunusedpaidsickdaysandto accrueadditionalpaidsickdaysupon rehiring, up to a maximum of 48 hours or 6 days.
IX. Reservation of Rights
TheCity reservesthe right to modify this policy to the extentthe legal obligations under the Act are further modified or clarified by the Legislature, a Court, or other regulatory body. 165
-171-
STAFF REPORT
TO THE CITY COUNCIL
DATE: June 10, 2025
FROM: Carlos Zamano, City Manager
G
PREPARED BY: Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer SUBJECT: Resolution No. 2025- amending the City of Highland Premium Only Plan which will now be referred to as the Cafeteria Plan.
RECOMMENDATION: That the City Council approve Resolution No. 2025- amending the City of HighlandPremiumOnly Planwhich will now be referred to as the Cafeteria Plan.
FISCAL IMPACT: None
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
BACKGROUND: On June 23, 1993, the City adopted the City of Highland Premium Only Plan. Underthis plan employeescan use pre-tax dollarsto purchasehealth, dental, and vision insurance.
EffectiveJuly 1, 2025, the City will partnerwith Ameriflexto prepareand administerthe Plan.
This Plan is designed to allow an eligible employee to pay for his or her share of Contributions on a pre-tax salary reduction basis under the Premium Component, to an account for reimbursement of certain Medical Care Expenses (Health FSA Account) and to an account for reimbursement of certain Dependent Care Expenses ( DCAP Account).
The attached resolution needs to be adopted by the City Council in order to have the Plan comply within the Federal guidelines. The Plan is included as attachment " A" to the resolution. This resolution must be adopted annually.
Attachments:
1. Proposed Resolution No. 2025- ( with Plan Document Attachment A) Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent _
V Z_
City Clerk Uty Manager
-1-
Attachment 1
Proposed Resolution No. 2025-_ ( with Plan Document Attachment A) -2-
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA AMENDING THE CITY OF HIGHLAND PREMIUM ONLY PLAN
NOW REFERRED TO AS THE CAFETERIA PLAN
WHEREAS, on June 23, 1993, the City Council adopted the City of Highland Premium Only Plan; and
WHEREAS, the City Councilof the Cityof Highlandhas determinedthe needto modify the City of Highland Premium Only Plan (" Plan") in order to comply with Federal Guidelines;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Modification to Plan.
The City of HighlandPremiumOnly Planshall be amendedper attachments "A" to this Resolution.
Section 2. Effective Date.
The effective date of the amendments to the Plan shall be July 1, 2025.
Section 3. Notification to Employees.
Eligible employees under the Plan shall be notified as soon as possible regarding this amendment to the City of Highland Premium Only Plan.
Section 4. Authority to Sign.
The Director of Administrative Services is hereby authorized to sign the necessary documents to adopt and amend the Plan.
APPROVED AND ADOPTED this 10th day of June 2025.
Penny Lilburn, Mayor
ATTEST:
Alondra Munoz, City Clerk
-3-
Attachment A
-4-
CITY OF HIGHLAND - HIGHLAND, CA CAFETERIA PLAN
ARTICLE I. Introductory Provisions
City of Highland - Highland, CA ("the Employer") hereby establishesthe Cityof Highland - Highland, CA Cafeteria Plan (" the Plan") effective July 1, 2025 (" the Effective Date"). Capitalized terms used in this Plan that are not otherwise defined shall have the meanings set forth in Article II.
This Plan is designed to allow an Eligible Employee to pay for his or her share of Contributions ona pre-taxsalaryreductionbasisunderthe PremiumComponent, to anaccountfor reimbursement of certain Medical Care Expenses (Health FSAAccount) and to an account for reimbursement of certain Dependent Care Expenses ( DCAP Account).
This Plan is intended to qualify as a "cafeteria plan" under Code § 125 and the regulations issued thereunder. The terms of this document shall be interpreted to accomplish that objective.
The Health FSAComponentis intended to qualify asa "self -insuredmedicalreimbursement plan" under Code § 105, and the Medical Care Expenses reimbursed thereunder are intended to be eligible for exclusionfrom participating Employees' grossincome under Code § 105( b).
The DCAPComponent is intended to qualify as a "dependent care assistance program" under Code § 129, and the Dependent Care Expenses reimbursed thereunder are intended to be eligible for exclusionfrom participating Employees' grossincome under Code § 129( a).
Although reprinted within this document, the different components of this Plan shall be deemed separateplansfor purposesof administration and all reporting and nondiscrimination requirements imposed on suchcomponentsby the Code. The Health FSAComponent, if any, shallalsobedeemedaseparateplanfor purposesof applicableprovisionsof ERISA, HIPAA, and COBRA.
-5-
ARTICLE II. Definitions
Account( s)" means the Health FSA Accounts and the DCAP Accounts described in Section 7. 5 for Health FSAs and Section 8. 5 for DCAPs.
Benefits" means the Premium Payment Benefits, the Health FSABenefits and the DCAP Benefits offered under the Plan.
Benefit Package Option" means a qualified benefit under Code § 125( f) that is offered under a cafeteria plan, or an option for coverageunder an underlyingaccidentor health plan (suchas an indemnity option, an HMOoption, or a PPOoption under an accidentor health plan).
Change in Status" has the meaning described in Section 4.6.
COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended.
Code" means the Internal Revenue Code of 1986, as amended.
Contributions" meansthe amount contributed to payfor the costof Benefits (including self - funded Benefits as well as those that are insured), as calculated under Section 6.2 for Premium Payment Benefits, Section 7.2 for Health FSA Benefits and Section 8.2 for DCAP Benefits .
Committee" means the Benefits Committee appointed by the Board of Directors of City of Highland - Highland, CA
Compensation" meansthe wagesor salary paid to an Employeeby the Employer, determined prior to (a) anySalaryReductionelection under this Plan; (b) any salary reduction election underanyothercafeteriaplan; and (c) anycompensationreductionunderanyCode § 132( f)( 4) plan; but determinedafter (d) anysalarydeferralelectionsunderanyCode § 401( k), 403( b), 408( k), or 457( b) plan or arrangement. Thus, " Compensation" generally means wages or salary paidto anEmployeebythe Employer, asreportedin Box1of FormW-2, butaddingbackany wagesor salaryforgone by virtue of any election describedin (a), (b), or ( c) of the preceding sentence.
DCAP" means dependent care assistance program.
DCAP Account" means the account described in Section 8. 5.
DCAPBenefits" has the meaning described in Section 8.1.
DCAP Component" means the Component of this Plan described in Article VIII. -6-
Dependent" means: ( a) for purposesof accidentor healthcoverageandto the extentfunded for purposesof the Health FSAComponent and under the Premium PaymentComponent , 1) any individual who is a tax dependent of the Participantasdefined in Code § 105( b), 2) any child ( as defined in Code § 152( f)( 1)) of the Participant who as of the end of the taxable year has not attained age27, and (3) any child of the Participantto whom IRSRevenueProcedure2008- 48 applies (regardingcertain children of divorced or separatedparentswho receivemore than halfof their supportfor the calendaryearfrom oneor bothparentsandareinthe custodyof one or both parents for more than half of the calendar year) ; and (b) for purposes of the DCAP Component, a dependent means a Qualifying Individual as defined in Section 8.3(c).
The Health FSAComponentwill provide benefits in accordancewith the applicable requirements of anyQMCSO, even if the child doesnot meet the definition of " Dependent." Dependent Care Expenses" has the meaning described in Section 8. 3.
Earned Income" means all income derived from wages, salaries, tips, self-employment, and other Compensation ( such as disability or wage continuation benefits), but only if such amounts are includible in grossincomefor the taxable year. Earnedincome doesnot include (a) any amounts received pursuant to any DCAPestablished under Code § 129; or ( b) any other amounts excluded from earned income under Code § 32( c)( 2), such as amounts received under a pension or annuity or pursuant to workers' compensation.
Effective Date" of this Plan has the meaning described in Article 1.
Election Form/SalaryReductionAgreement" meansthe form provided by the Administrator for the purposeof allowinganEligibleEmployeeto participateinthis PlanbyelectingSalary Reductionsto payfor anyof the following: PremiumPaymentBenefits, HealthFSABenefits and DCAPBenefits. It includes an agreement pursuant to which an Eligible Employee or Participant authorizes the Employer to make Salary Reductions.
Eligible Employee" meansan Employeeeligible to participate in this Plan, as provided in Section 3. 1.
Employee" means an individual that the Employer classifies as a common- law employee and who ison the Employer'sW-2 payroll, but doesnot includethe following: excludeany leased employee; excludeanytemporaryemployee; excludeanyself-employedindividual; excludeany partner in a partnership; excludeany more-than-2% shareholder in a Subchapter S corporation; andexcludeanyemployeeof a collectivebargainingagreementTheterm "Employee" does include "former Employees" for the limited purposeof allowing continued eligibility for benefits under the Plan for the remainder of the Plan Year in which an Employee ceases to be employed bythe Employer, butonlyto the extentspecificallyprovidedelsewhereunderthis Plan. -7-
Employer" means City of Highland - Highland, CA, and any Related Employer that adopts this Plan with the approval of City of Highland - Highland, CA. Related Employers that have adopted this Plan, if any, arelistedinAppendixAof this Plan. However, for purposesof ArticleXIVand Section 15. 3, " Employer" means only City of Highland - Highland, CA.
Employment Commencement Date" means the first regularly scheduled working day on which the Employeefirst performs an hour of servicefor the Employerfor Compensation.
ERISA" means the Employee Retirement Income Security Act of 1974, as amended.
General -Purpose Health FSAOption" has the meaning described in Section 7.3( b).
GracePeriod" meansthe period that beginsimmediately following the closeof a PlanYear and endson the daythat is two months plus 15daysfollowing the closeof that PlanYear.
Health FSA" meanshealth flexible spendingarrangement, which consistsof four options (if applicable): the General- Purpose Health FSA Option; the Limited ( Vision/ Dental/ Preventive Care) Health FSAOption; the Employee- Only Health FSAOption; and the Employee -Plus - Children Health FSA Option.
Health FSA Account" means the account described in Section 7. 5.
Health FSABenefits" has the meaning described in Section 7. 1.
Health FSA Component" means the Component of this Plan described in Article VII.
High Deductible Health Plan" means the high deductible health plan offered by the Employer that is intended to qualify as a high deductible health plan under Code § 223( c)( 2), as described in materialsprovidedseparatelybythe employer. TheHighDeductibleHealthPlanmayor may not be the sole Medical Insurance Plan eligible for pre-tax Salary Reduction funding hereunder.
HIPAA" meansthe Health InsurancePortability and Accountability Act of 1996, asamended.
HMO" means the health maintenance organization Benefit Package Option under the Medical Insurance Plan.
HRA" means a health reimbursement arrangement as defined in IRS Notice 2002- 45. The Employer does not currently offer an HRA.
4 -8-
Limited ( Vision/ Dental/ Preventive Care) Health FSA Option", if offered by the employer, has the meaning described in Section 7.3(b).
Medical Care Expenses" has the meaning defined in Section 7.3.
Medical Insurance Benefits" means the Employee' s Medical Insurance Plan coverage for purposes of this Plan.
Medical InsurancePlan" meansthe plan(s) that the Employermaintainsfor its Employees and for their Spousesand Dependentsthat may be eligible under the terms of suchplan), providingmajormedicaltypebenefitsthrougha groupinsurancepolicyor policies (with PPO and HMO options). The Employer may substitute, add, subtract, or revise at any time the menu of suchplansand/or the benefits, terms, andconditionsof anysuchplans. Anysuch substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan.
Nonelective Contribution( s)" meansanyamount that the Employer, in its solediscretion, may contribute on behalf of each Participantto provide benefitsfor suchParticipant and hisor her Spouse and Dependents, if applicable, under one or more of the Reimbursement Account benefits offered under the Plan. The amount of Employer contribution that is applied towards the cost of the Reimbursement Account benefits( s) for each Participant and/ or level of coverage shall be subject to the sole discretion of the Employer. The amount of Nonelective Contribution for each Participant may be adjusted upward or downward in the contributing Employer' s sole discretion. The amount shall be calculated for each Plan Year in a uniform and nondiscriminatory manner and may be based upon the Participant' s Dependent status, commencementor termination date of the Participant's employment during the PlanYear, and such other factors as the Employer shall prescribe. To the extent set forth in the SPDor enrollment material, the Employer may make Nonelective Contributions available to Participants and allow Participants to allocate the Nonelective Contributions among the various Reimbursement Accounts offered under the Plan in a manner set forth in the SPDof additional, taxableCompensationexcept asotherwise provided in the SPDor enrollment material.
Open Enrollment Period" with respect to a Plan Year means the month preceding the Plan Year, or such other period as may be prescribed by the Administrator.
Participant" meansa personwho is an EligibleEmployeeand who is participating in this Plan in accordance with the provisions of Article III. Participants include ( a) those who elect one or more of the Insurance Benefits, Health FSABenefits, DCAPBenefits, and Salary Reductions to payfor suchBenefits; and (b) thosewhoelectinsteadto receivetheirfull salaryin cashandto payfor theirshareof their Contributionsunderthe MedicalInsurancePlan (if any) with after- tax dollars outside of this Plan and who have not elected any Health FSABenefits or DCAP Benefits.
-9-
Period of Coverage" means the Plan Year, with the following exceptions: ( a) for Employees who first becomeeligible to participate, it shall meanthe portion of the PlanYearfollowing the date on which participation commences, asdescribedin Section3.1; and (b) for Employeeswho terminateparticipation, it shallmeanthe portionof the PlanYearpriorto the dateonwhich participation terminates, as described in Section 3.2.
Plan" means the City of Highland - Highland, CA Cafeteria Plan as set forth herein and as amended from time to time.
Plan Administrator" means City of Highland - Highland, CA. The contact person is the Human Resources Manager or the equivalent thereof for City of Highland - Highland, CA, who has the full authorityto actonbehalfof the PlanAdministrator, exceptwith respectto appeals, for which the Committee has the full authority to act on behalf of the Plan Administrator, as described in Section 13. 1.
PlanYear" meansthe 12-month period commencingJuly1 and ending on December31, exceptin the caseof a short plan year beginningJuly 1, 2025and endingon December31, 2025 representingthe initial PlanYearor where the PlanYearis being changed, in which casethe Plan Year shall be the entire short plan year.
PPO" meansthepreferredproviderorganizationBenefitPackageOptionunderthe Medical Insurance Plan.
Premium Payment Benefits" means the Premium Payment Benefits that are paid for on a pre- tax Salary Reduction basis as described in Section 6.1.
Premium Payment Component" means the Component of this Plan described in Article VI.
QMCSO" meansa qualified medicalchild support order, asdefined in ERISA § 609( a).
Qualifying DependentCareServices" hasthe meaningdescribedin Section8.3.
Qualifying Individual" has the meaning described in Section 8.3.
Related Employer" meansany employer affiliated with Cityof Highland - Highland, CA that, under Code § 414( b), § 414( c), or § 414( m), is treated as a single employer with City of Highland Highland, CAfor purposes of Code § 125( g)(4).
SalaryReduction" meansthe amountbywhichthe Participant'sCompensationisreducedand appliedbythe Employerunderthis Planto payfor oneor moreof the Benefits, aspermittedfor -10-
the applicableComponent, before anyapplicablestate and/or federal taxes havebeen deducted from the Participant' s Compensation ( i.e., on a pre-tax basis).
Spouse" means an individual who is treated as a spouse for federal tax purposes.
Notwithstandingthe foregoing, for purposesof the DCAPComponenttheterm "Spouse" shall not include (a) an individual legallyseparatedfrom the Participant under a divorceor separate maintenance decree; or ( b) an individual who, although married to the Participant, files a separate federal income tax return, maintains a principal residence separate from the Participantduringthe lastsixmonthsof thetaxableyear, anddoesnotfurnishmorethanhalf of the cost of maintaining the principal placeof abodeof the Participant.
Student" meansan individual who, during eachof five or more calendarmonths during the Plan Year, is a full- time student at any educational organization that normally maintains a regularfaculty and curriculum and normally hasan enrolled student body in attendanceat the location where its educational activities are regularly carried on. rA
-11-
ARTICLE III. Eligibility and Participation
3. 1 Eligibility to Participate
An individual is eligible to participate in this Plan if the individual: ( a) is an Employee; ( b) is working40or morehoursperweek; and (c) hasbeenemployedbythe Employerfor 0 consecutivecalendardays, countinghisor her EmploymentCommencementDateasthefirst suchday. Eligibilityfor PremiumPaymentBenefitsmayalsobesubjectto theadditional requirements, if any, specifiedinthe MedicalInsurancePlan. OnceanEmployeehasmetthe Plan'seligibilityrequirements, the Employeemayelectcoverageeffectivethefirst dayof the next month following satisfactionof the eligibility requirements, or for anysubsequentPlan Year, in accordance with the procedures described in Article IV.
3. 2 Termination of Participation
A Participant will cease to be a Participant in this Plan upon the earlier of:
the termination of this Plan; or
the date on which the Employee ceases (because of retirement, termination of employment, layoff, reduction of hours, or any other reason) to be an EligibleEmployee. Notwithstanding the foregoing, for purposesof pre -taxing COBRAcoveragecertain Employeesmaycontinue eligibilityfor certainperiodsonthetermsandsubjectto the restrictionsdescribedinSection
6.4 for Insurance Benefits and Section 7.8 for Health FSA Benefits.
Termination of participation in this Planwill automatically revokethe Participant's elections.
The Insurance Benefits will terminate as of the date specified in the Medical Insurance Plan.
Reimbursementsfrom the Health FSAand DCAPAccountsafter termination of participation will bemadepursuantto Section7.8for HealthFSABenefitsandSection8.8for DCAPBenefits.
3. 3Participation Following Termination of Employment or Lossof Eligibility If a Participant terminates his or her employment for any reason, including (but not limited to) disability, retirement, layoff, or voluntaryresignation, andthenisrehiredwithin30daysor less after the date of a termination of employment, then the Employee will be reinstated with the same elections that such individual had before termination. 3 -12-
3. 4 FMLA Leaves of Absence
UnderFMLA, the provisionsof thissectionshallnot beavailableto EligibleEmployeesfor such PlanYearsin which the Employerhas50 or fewer Employees. ForPlanYearsin which the Employer has more than 50 Employees, the Employer must make FMLA leave available to EligibleEmployeesfor upto 12weeksin connectionwith the birthor adoptionof achild, orto care for a close relative, or because of a serious health condition of the Employee.
3. 5 Non- FMLA Leaves of Absence
If a Participant goeson an unpaid leaveof absencethat does not affect eligibility, then the Participantwill continueto participateandthe Contributionsduefor the Participantwill bepaid bypre -paymentbeforegoingonleave, byafter-taxcontributionswhileonleave, orwithcatch- upcontributionsaftertheleaveends, asmaybedeterminedbythePlanAdministrator. Ifa Participant goeson an unpaid leavethat affects eligibility, then the election changerules detailed in Article IV will apply.
Notwithstandinganyprovisionto the contraryinthis Plan, the Participantshallalsobeeligible to participate in an employer's open enrollment, if any, while on leave. -13-
ARTICLEIV. Method and Timing of Elections; Irrevocability of Elections
4. 1 Elections When First Eligible
An Employee who first becomes eligible to participate in the Plan mid -year may elect to commenceparticipationinoneor moreBenefitsaftertheeligibilityrequirementshavebeen satisfied, providedthat anElectionForm/SalaryReductionAgreementissubmittedto the Plan Administrator beforethe first dayof the month in which participation will commence. An Employee who does not elect benefits when first eligible may not enroll until the next Open Enrollment Period, unless an event occurs that would justify a mid -year election change, as described in Article IV.
Benefits shall be subject to the additional requirements, if any, specified in the Medical InsurancePlan. Theprovisionsof this Planare not intended to override anyexclusions, eligibility requirements, or waiting periods specified in the Medical InsurancePlan.
4.2 Elections During Open Enrollment Period
DuringeachOpenEnrollmentPeriodwithrespectto aPlanYear, thePlanAdministratorshall provideanElectionForm/SalaryReductionAgreementto eachEmployeewhoiseligibleto participatein thisPlan. TheElectionForm/SalaryReductionAgreementshallenablethe Employeeto elect to participate in the various Componentsof this Planfor the next PlanYear and to authorize the necessarySalaryReductionsto payfor the Benefitselected. The Election Form/SalaryReductionAgreementmustbereturnedto the PlanAdministratoron or beforethe lastdayof the OpenEnrollmentPeriod, andit shallbecomeeffectiveonthe first dayof the next Plan Year. If an Eligible Employee fails to return the Election Form/ Salary Reduction Agreement duringthe OpenEnrollmentPeriod, thenthe EmployeemaynotelectanyBenefitsunderthis Plan until the next Open Enrollment Period, unless an event occurs that would justify a mid- year election change, asdescribedin Article IV.
4.3 Failure of Eligible Employee to File an Election Form/ Salary Reduction Agreement If an Eligible Employee fails to file an Election Form/ Salary Reduction Agreement within the time perioddescribedinSections4.1and4.2, thenthe EmployeemaynotelectanyBenefits under the Plan (a) until the next Open Enrollment Period; or ( b) until an event occurs that would justify a mid -year election change, asdescribedin Article IV. 10 -14-
Forthe PremiumOnly Planonly, if an Employeewho fails to file an ElectionForm/Salary Reduction Agreement is eligible for Medical Insurance Benefits and has made an effective election for such Benefits, then the Employee' s share of the Contributions for such Benefits will bepaidwith after-taxdollarsoutsideof thisPlanuntilsuchtime asthe Employeefiles, duringa subsequent Open Enrollment Period (or after an event occurs that would justify a mid -year election change as described in Article IV), a timely Election Form/ Salary Reduction Agreement to elect Premium Payment Benefits. Until the Employee files such an election, the Employer' s portion of the Contribution will also be paid outside of this Plan.
4.4 Irrevocability of Elections
Unless an exception applies (as described in Article IV), a Participant' s election under the Plan is irrevocable for the duration of the Period of Coverage to which it relates.
Unless otherwise noted in this section, a Participant' s election under the Plan is irrevocable for the duration of the Period of Coverage to which it relates. In other words, unless an exception applies, the Participantmay not changeanyelectionsfor the duration of the Periodof Coverage regarding: participation in this Plan;
Salary Reduction amounts; or
electionof particularBenefitPackageOptions(includingthevariousHealthFSAOptions).
4.5 Procedurefor Making New Election If Exceptionto Irrevocability Applies a) Timeframefor MakingNewElection. Exceptfor newelectionsmadepursuantto a lossin coverage under Medicaid or a state children' s health insurance program ( SCHIP) under Title XXI of the SocialSecurityAct, a Participant (or an EligibleEmployeewho, when first eligible under Section3.1 or during the Open Enrollment Period, declinedto be a Participant) may makea new election within 30 days of the occurrence of an event described in Section 4.6 or 4.7, as applicable, but only if the election under the new ElectionForm/SalaryReductionAgreement is made on account of and is consistent with the event and if the election is made within any specifiedtime period (e.g., for Sections4.7(d) through 4.7(i), within 30 daysafter the events described in such Sections).
A Participant who experiences a loss in coverage under Medicaid or a state children' s health insuranceprogram (SCHIP) maymakea newelectionwithin60daysofthe occurrence. 11 -15-
Notwithstandingtheforegoing, a Changein Status (e.g., a divorceor adependent's losing student status) that resultsin a beneficiary becomingineligible for coverageunder the Medical InsurancePlanshallautomatically result in a correspondingelection change, whether or not requestedbythe Participantwithinthe normal30-dayperiod. b) EffectiveDateof NewElection. Electionsmadepursuantto thisSection4.5 shallbeeffective for the balance of the Period of Coverage following the change of election unless a subsequent event allows for a further election change. Except as provided in Section 4.7(e) for HIPAA specialenrollment rights in the event of birth, adoption, or placementfor adoption, all election changesshallbe effective on a prospective basisonly (i.e., election changeswill become effective no earlier than the first day of the next calendarmonth following the date that the election change was filed, but, as determined by the Plan Administrator, election changes may become effective later to the extent that the coverage in the applicable Benefit Package Option commences later).
c) Effectof NewElectionUponAmountof Benefits. Forthe effectof a changedelectionupon the maximumand minimum benefits under the Health FSAand DCAPComponentsseeSection