Section 14.4: Dental/Optical Care Benefits .......................................................................................... 104 Section 14.5: Life Insurance ................................................................................................................. 104 Section 14.6: Short-Term/Long-Term Disability Insurance ................................................................. 104 Section 14.7: Use of Leave While on Disability ................................................................................... 105 Section 14.8: COBRA ........................................................................................................................... 105 Section 14.9: Medicare Benefits ........................................................................................................... 105 CHAPTER 15: RETIREMENT BENEFITS ............................................................................................ 105 Section 15.1: CalPERS Retirement Plan Benefits ................................................................................ 105 A. CalPERS Tier I and Tier II ................................................................................................... 105 B. Optional Retirement Plan Benefits........................................................................................ 106 Section 15.2: Deferred Compensation Plan .......................................................................................... 107 Section 15.3: Retiree Health Benefits ................................................................................................... 107 A. Retiree Medical ..................................................................................................................... 107 B. Retiree DOC Plan.................................................................................................................. 107 CHAPTER 16: TRAINING AND DEVELOPMENT .............................................................................. 108 Section 16.1: Training Program ............................................................................................................ 108 Section 16.2: Attending Conferences, Seminars and Workshops ......................................................... 108 Section 16.3: Expense Reimbursement ................................................................................................. 108 Section 16.4: Professional Associations and Technical Groups ........................................................... 108 Section 16.5: Education Reimbursement Policy ................................................................................... 108 A. Eligibility .............................................................................................................................. 109 B. Repayment ............................................................................................................................ 109 C. Eligible Expenses .................................................................................................................. 109 D. Maximum Reimbursement .................................................................................................... 109 E. Eligibility for Reimbursement .............................................................................................. 109 Section 16.6: Recognition in Training and Professional Development ................................................ 110 CHAPTER 17: SAFETY AT WORK ....................................................................................................... 110 Section 17.1: Personnel Officer Responsibilities .................................................................................. 110 Section 17.2: Employee Responsibilities .............................................................................................. 110 Section 17.3: Injury & Illness Prevention Program .............................................................................. 110 A. Employee Safety Responsibilities ......................................................................................... 111 B. Supervisor Safety Responsibilities ........................................................................................ 111 C. Managerial Safety Responsibility ......................................................................................... 111 D. Safety Program Communication ........................................................................................... 112 E. Identification, Evaluation, and Prevention of Occupational Safety and Health Hazards ...... 112 F. Accident/Exposure Investigations ......................................................................................... 113
G. Hazard Correction ................................................................................................................. 113 H. Safety Training ...................................................................................................................... 113 I. Recordkeeping ...................................................................................................................... 114 J. Reporting Of Hazards/Unsafe Conditions ............................................................................ 114 Section 17.4: Inclement Weather Gear ................................................................................................. 114 Section 17.5: Safety Boots .................................................................................................................... 114 CHAPTER 18: SECURITY AND PRIVACY .......................................................................................... 115 Section 18.1: Personnel Files ................................................................................................................ 115 Section 18.2: Access to Personnel Files................................................................................................ 115 Section 18.3: Updating Personnel Files ................................................................................................ 115 Section 18.4: Outside Inquiries ............................................................................................................. 115 Section 18.5: Inspection of City Property ............................................................................................. 115 CHAPTER 19: BUSINESS ETHICS AND CONFLICT OF INTEREST ............................................... 115 Section 19.1: Employee Organization .................................................................................................. 116 Section 19.2: Election Campaign Activities ......................................................................................... 116 Section 19.3: Political Activities ........................................................................................................... 116 Section 19.4: Determination of Inconsistent Activities ........................................................................ 116 A. Receipt of Money .................................................................................................................. 116 B. Performance of an Act .......................................................................................................... 117 C. Efficiency .............................................................................................................................. 117 D. Private Gain .......................................................................................................................... 117 E. Solicitation of Future Employment ....................................................................................... 117 F. Improper Use of City Equipment Prohibited ........................................................................ 117 G. Violations and Penalties ........................................................................................................ 117 Section 19.5: Outside Employment Causing Conflict of Interest ......................................................... 117 Section 19.6: Fraud Prevention and Detection ...................................................................................... 118 Section 19.7: Other Inappropriate Conduct .......................................................................................... 119 Section 19.8: Safeguard City Funds ...................................................................................................... 119 Section 19.9: Gratuities ......................................................................................................................... 119 Section 19.10: Ethics Expectations ....................................................................................................... 120 Section 19.11: Safeguard Confidential Information ............................................................................. 120 Section 19.12: Conducting Business with Family Members ................................................................ 120 Section 19.13: Employee Questions ..................................................................................................... 120 Section 19.14: Investigation Responsibilities ....................................................................................... 120 A. Confidentiality ...................................................................................................................... 121 Section 19.15: Reporting Procedures .................................................................................................... 121
CHAPTER 20: MISCELLANEOUS ........................................................................................................ 121 Section 20.1: Reimbursement Policy .................................................................................................... 121 Section 20.2: Personal Auto Use........................................................................................................... 122 Section 20.3: Employee Recognition Program ..................................................................................... 122 A. Eligibility .............................................................................................................................. 122 B. Nominations .......................................................................................................................... 122 C. Award Types ......................................................................................................................... 122 Section 20.4: Ergonomics Policy .......................................................................................................... 123 A. Request Interactive Discussion for Reasonable Accommodations to Obtain Ergonomic Support .............................................................................................................................................. 124 B. Reasonable Accommodations ............................................................................................... 124 Appendix A ............................................................................................................................................... 125 Conducting Criminal Background Checks and Securing Received Criminal History Information...... 125 A. Authority ............................................................................................................................... 125 B. Applicability ......................................................................................................................... 125 C. Assignment Responsibility ................................................................................................... 127 D. Procedures ............................................................................................................................. 127 E. Confidentiality ...................................................................................................................... 127 F. Monitoring Of This Program ................................................................................................ 128 G. References ............................................................................................................................. 129 H. Employee Statement Regarding the Use of Criminal Justice Information ........................... 129
CHAPTER 1: GENERAL PROVISIONS AND
APPLICABILITY
Purpose: The purpose of these City of La Puente ("City") personnel policies, rules, and regulations is to provide consistency and structure in the administration of personnel matters, and to achieve a common understanding of certain basic City policies and procedures, which generally apply in all circumstances.
These rules are not intended to supersede any Memoranda of Understanding and any amendments, employer-employee resolutions, or employment contracts. To the extent these rules are inconsistent, the Memorandum of Understanding (collective bargaining agreement) and any amendments, employeremployee resolution, or employment contracts will control. In addition, these rules are not intended to supplant appropriate managerial discretion in matters not specifically addressed by these rules.
Applicability: The policies, rules, and regulations stated in this document apply to all City employees considered regular, Council Members, Commissioners, Committee members, and any other individuals engaged with the City, as applicable.
This handbook does not apply to At-will employees. These individuals are covered by policies, rules and regulations found in the City’s At-Will Handbook.
Violation: Violation of the provisions of these policies, rules, and regulations shall be grounds for appropriate disciplinary action, up to and including termination of employment, in addition to any other penalties provided by law.
Duties Delegable: The duties and responsibilities assigned to the City Manager, department heads, and other supervisors may be delegated to other responsible employees as appropriate.
Amendment: These policies, rules, and regulations may be amended by the City Council after meeting and consulting with the appropriate employee units.
CHAPTER 2: LEGAL
Section 2.1: Prevention of Harassment, Discrimination, and Retaliation Policy The City is committed to providing a work environment that is free from harassment (including sexual harassment), bullying, discrimination, and retaliation. In keeping with this commitment, the City maintains a strict policy prohibiting such conduct.
The purpose of this policy is to define and expressly prohibit all harassing, bullying, discriminatory, and retaliatory conduct in the workplace, as well as the condoning or perpetuating of such conduct, and to establish an efficient means for reporting and resolving complaints of harassment, bullying, discrimination, and retaliation against any individual who reports harassment, bullying, discrimination, or retaliation, or who participates in an investigation of such reports.
Harassment, bullying, discrimination, and retaliation can decrease work productivity, decrease morale, and cause emotional and physical damage. Incidents of discrimination, bullying, harassment, and retaliation can result in serious economic implications such as high turnover, ineffective use of time during working hours, costly salaries paid for nonproductive work hours, and employee absences due to hearings and meetings related to discrimination, bullying, harassment, and retaliation complaints.
The City expressly prohibits discrimination and harassment of all applicants, employees, volunteers, interns, Council members, Commissioners, Committee members, contract employees, and any other individuals engaged with the City, on the basis of race, color, national origin, ancestry, including hair styles based on race, national origin and ancestry, religion, creed, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years or any other basis protected by applicable federal, state, or local law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.
The City also prohibits retaliation against any individual who files a complaint of discrimination or harassment pursuant to this Policy, or against any individual who assists someone with filing a complaint of discrimination or harassment, who participates in any manner in an investigation or resolution of a complaint of discrimination or harassment, or who otherwise opposes conduct they reasonably believe to be unlawful discrimination or harassment.
The City considers harassment, bullying, discrimination, and retaliation to be a serious offense and is firmly committed to the philosophy that every employee, volunteer, intern, or contract worker has the right to work in an environment free from such treatment. Employees are expected to adhere to a standard of conduct that is respectful to all persons within the work environment and compliant with this Policy and all applicable federal, state, and local laws and regulations governing workplace conduct. The City will neither tolerate nor condone harassment of employees by managers, supervisors, co-workers, elected/appointed officials, or persons with whom the City has a business, service, or professional relationship.
Any employee found to have engaged in conduct in violation of this Policy will be subject to appropriate disciplinary action, up to and including termination. Employees may be subject to discipline for engaging in discriminatory or harassing conduct that does not meet the definition of harassment under the law, but that, if repeated or allowed to continue, might meet that definition. The City will also take appropriate action to address violations of this Policy by non-employees.
The City trusts that employees, contract workers, City officials, volunteers, and interns will act responsibly to establish a respectful environment free of discrimination, bullying, harassment, or retaliation. The City encourages all employees, contract workers, volunteers, and interns to raise questions regarding discrimination, bullying, harassment, or retaliation with their immediate supervisor, department head, or the Personnel Officer.
A. Definitions
1. Legally Protected Categories
a. Race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, per the CROWN Act of 2019) b. Color
c. National origin (including discrimination based on possessing a driver’s license indicating “this card is not acceptable for official federal purposes”) d. Ancestry
e. Religious creed (including religious dress and grooming practices) f. Physical or mental disability
g. reproductive health decision-making
h. Medical condition
i. Genetic information
j. Sexual orientation
k. Gender identity or expression
l. Sex (including pregnancy, childbirth, breastfeeding, or related medical conditions) m. Marital status
n. Military or veteran status
o. Age over 40 years
p. Or any other basis protected by applicable federal, state, or local law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.
2. Harassment
Harassment is unwelcome verbal, visual, written, or physical conduct based on a person's actual or perceived membership in a protected category, or association with an individual in a protected category that is sufficiently severe or pervasive to have the effect or purpose of: creating an intimidating, hostile or offensive work environment; unreasonably interfering with an individual's work performance; or otherwise adversely affecting an individual's employment opportunities.
Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or computer images regarding an employee, applicant, volunteer, intern, or contract worker's legally protected characteristic. Harassment in the workplace is prohibited whether it involves a co-worker, supervisor, or manager, or by third parties doing business with or for the City.
3. Sexual harassment
Sexual harassment is conduct that constitutes an unwelcome sexual advance, proposition, or request for sexual favors or dating, or any other verbal, visual, or physical conduct of a sexual nature or directed at an individual because of their sex when:
a. Submission to such conduct is made a term or condition of employment or relates to the conditional receipt of employment benefits, such as hiring, compensation and advancement; or
b. Submission to or rejection of such conduct is used as basis for making employment decisions affecting the individual; or
c. Such conduct is severe or pervasive to the extent that it has the purpose or effect of unreasonably interfering with an employee's work performance or creates an intimidating, hostile, or offensive working environment.
Sexual harassment can occur between members of the same or opposite sex. Sexual harassment need not be motivated by sexual desire. Sexual harassment on the job is prohibited whether it involves co-worker harassment, a supervisor, City Official, a subordinate, or a third parties doing business with or for the City.
Examples of conduct that can constitute unlawful harassment or sexual harassment include, but are not limited to, the following:
a. Verbal harassment: Verbal sexual advances or propositions, jokes, epithets, derogatory comments or slurs, graphic commentaries about an individual's body or other suggestive or offensive comments made on the basis of a legally protected category; and
b. Physical harassment: Assault, unwanted or unsolicited touching, impeding, or blocking movement, interference with normal work movement, massages, sitting on laps, or physical behavior of any type based upon a legally protected category; and c. Visual harassment: Leering, derogatory gestures, inappropriate or offensive posters, notices, bulletins, cartoons, drawings, e-mails, content displayed from a computer or cell phone, or other depictions related to a legally protected category; and/or d. Unwelcome sexual conduct: Unwelcome sexual advances or propositions, requests for sexual favors, requests for dates, verbal abuse of a sexual nature, verbal commentary about an individual's body, dress or appearance, sexually explicit jokes, sexually degrading language, suggestive or obscene communications, and other verbal, visual or physical conduct of a sexual nature.
4. Discrimination
Discrimination is the unequal or unfair treatment of an individual in any aspect of employment based solely or in part on the individual's membership in a legally protected category, association with individual(s) in a legally protected category, or perception of being in a legally protected category. Discriminatory conduct may include, but is not limited to: hostile or demeaning behavior towards applicants or employees because of their protected category; allowing the applicant's or employee's protected category to be a factor in hiring, promotion, compensation or other employment related decisions unless otherwise permitted by applicable law, and providing unwarranted assistance or withholding work-related assistance, cooperation, and/or information to applicants or employees because of their membership in a protected category.
5. Protected Activity
Examples of conduct that can constitute protected activity include, but are not limited to, the following:
a. Protected good faith opposition to or reporting of perceived or actual discrimination, harassment, and/or retaliation, or refusing to tolerate or engage in prohibited conduct, or threatening to file a complaint with any federal, state, or administrative agency or court.
Protected opposition also includes a complaint or protest made on behalf of another employee or made by the employee's representative. Complaints or oppositions that are intentionally false and/or not made in good faith are not protected; and/or b. Protected participation such as filing a complaint, charge, testifying, assisting, or in any way participating in any internal or administrative investigation, proceeding, or hearing, and/or litigation under federal or state statutes.
6. Adverse Impact/Retaliation
Retaliation is taking adverse employment action against an individual because the individual either reports in good faith or opposes a practice that the individual reasonably believes constitutes employment discrimination, harassment, or retaliation, or participates in any manner in an investigation or proceeding related to allegations of employment discrimination, harassment, or retaliation.
Examples of conduct that can constitute an adverse employment action include, but are not limited to, the following:
a. denial of promotion
b. refusal to hire
c. denial of job benefits
d. demotion
e. suspension
f. discharge
Adverse actions may also include threats, reprisals, and adverse treatment that in the circumstances could dissuade or intimidate a reasonable person from raising a concern about a workplace condition or activity.
7. Supervisor
An employee with the authority to direct employees, address or respond to grievances, hire, transfer, suspend, layoff, recall, promote, discharge, assign, regard, or discipline other employees, or make such recommendations, if, in connection with the foregoing, the exercise of that authority is not merely of a routine or clerical nature, but requires the use of independent judgement.
8. City Official
Any elected or appointed member of the City’s legislative body.
Employees should contact their supervisor or other supervisory employee, the City Manager, or the Personnel Officer with any questions regarding these definitions, or if they are uncertain about what constitutes prohibited discrimination, harassment, sexual harassment, or retaliation under this Policy.
B. Reporting Harassment, Discrimination, Or Retaliation An employee who believes that they have been the recipient of harassment, discrimination, or retaliation should report the incident immediately to a supervisor or delegated Human Resources Staff.
An employee who believes that they have been the recipient of illegal harassment, discrimination, or retaliation should report the incident immediately and to the extent possible follow the steps outlined in the Complaint Resolution Procedure (See Section 2.4) so that the complaint can be resolved quickly and fairly.
Section 2.2: Respectful Workplace Policy
The City is committed to providing a work environment where all employees and contracted staff work in an environment of respect, collaboration, dignity, openness, safety, and equality; and where the workplace is free from negative, and inappropriate behaviors. The purpose of this policy is to provide a respectful workplace and prohibit workplace bullying. It reinforces the City’s other policies prohibiting unlawful harassment and unlawful discrimination.
All complaints of harassment or bullying behaviors will be taken seriously and followed through to resolution. Employees who file complaints will not be victimized for “whistle-blowing” or reporting others for their inappropriate behavior.
All persons involved in the operation of the City and receiving services by its employees have the right to dignity and respect. This policy extends to all employees, supervisors, and all persons involved in the operation of the City including members of the City Council, Commissioners, consultants working on Cityrelated projects, clients, customers, and other business contacts and third parties who may encounter employees in the course of their work for the City. It also covers off-site and work-related social events.
A. Acceptable and Healthy Workplace Behaviors
Acceptable and healthy workplace behaviors are any behaviors that promote respect, positivity, and civility in our workplace. They include, but are not limited to:
1. Using respectful, supportive, and encouraging language in all interactions, no matter the subject of conversation.
2. Politely offering your thoughts or disagreements on an issue.
3. Listening to your peers with an open mind and engaging with others with a true desire for resolution.
4. Being open to innovative and creative ideas, even if they seem impossible to achieve at first.
5. Giving peers direct, solution-oriented, constructive feedback.
6. Recognizing and expressing appreciation for work done correctly and in a timely manner.
7. Maintaining a positive attitude with all co-workers, clients, and customers.
B. Workplace Bullying Defined
Workplace bullying is defined as systematic aggressive communication, manipulation of work, and acts aimed at humiliating or degrading one or more individual that create an unhealthy and unprofessional power imbalance, resulting in psychological consequences for targets and witnesses of the behavior, and cause damage to an organization’s bottom line.
The following types of behaviors are well recognized as having damaging consequences for their recipients, the observers of the behavior, and the City and are therefore not tolerated.
Examples of disrespectful/bullying behaviors may include, but are not limited to:
1. Inappropriate gestures; visual staring; harassment; behaviors that are threatening or intimidating; coercing others; or abusive, offensive, and demeaning behaviors.
2. Excessive yelling, repeated emotional outbursts, berating others, using a harsh tone of voice.
3. Talking down to others or using degrading remarks or tone of voice.
4. Criticizing or pointing out mistakes to others in front of a group; using a condescending tone.
5. Social exclusion or ostracism, ignoring others, silent treatment.
6. Treating some less favorably than others.
7. Undermining another’s work by giving impossible to meet deadlines or workloads.
8. Excessive monitoring of work or unnecessary micromanagement.
9. Arbitrary or punitive punishment without cause; inconsistent discipline.
10. Withholding pertinent work-related information; undermining another’s work by not giving them enough information to do what is required of them.
11. Gossiping or spreading rumors.
12. Manipulating a person’s job content; unwarranted removal of core responsibilities.
13. Blaming others for things out of their control.
14. Acting “out to get” others.
15. Making threats; using intimidating tactics.
16. Making humiliating or degrading remarks about a person online (i.e., cyberbullying).
17. Any malicious behavior a reasonable person would find unprofessional, disturbing, and harmful to their psychological health.
C. Management Responsibility
Management and others in positions of authority and workplace representatives have a responsibility
to ensure that healthy and appropriate behaviors are always being exhibited and that complaints are addressed speedily. Management will:
1. Provide good examples by treating all with courtesy and respect.
2. Promote awareness of the policy and complaint procedures.
3. Be vigilant for signs of inappropriate behaviors at work through observation and information seeking and take action to resolve the behavior before it escalates.
4. Explain the procedures to be followed if a complaint of inappropriate behavior at work is made.
5. Ensure that an employee making a complaint is not retaliated against (victimized) for making a complaint and immediately deal with such behavior if it occurs.
6. Monitor and follow up the situation after a complaint is made to prevent recurrence of the behavior.
D. Employee and Witness Responsibilities
All employees, whether considered full-time, part-time, or contract/temporary must contribute to achieving a work environment that does not tolerate harassment, discrimination, disrespectful and/or bullying behavior at work. All employees should do their best to always engage in respectful interactions. If they believe that non-respectful/bullying activities are taking place, they should report to their supervisor or delegated Human Resources Staff what they see in the workplace as it relates to behaviors defined as unacceptable.
Employees should also cooperate with preventative measures introduced by management and recognize that a finding of unacceptable behaviors at work will be dealt with through appropriate disciplinary procedures. Equally, a finding of vexatious complaints will also be dealt with through appropriate disciplinary procedures.
E. Process for Investigation and Resolution of Complaints An employee who believes that they have been the recipient of disrespectful or bullying behavior should report the incident immediately to a supervisor or delegated Human Resources Staff. An employee who believes that they have been the recipient of illegal harassment, discrimination, disrespectful /bullying behavior should report the incident immediately and to the extent possible follow the steps outlined in the Complaint Resolution Procedure (See Section 2.4) so that the complaint can be resolved quickly and fairly.
Section 2.3: Workplace Violence Prevention Plan
The City is committed to providing a safe, violence-free workplace. For that reason, the City strictly prohibits appointed or elected officials, employees, consultants, contractors, customers, visitors, volunteers or anyone else on City premises or engaging in a City-related activity from behaving in a violent or threatening manner. For purposes of this policy, the workplace includes any location where City business is conducted, including but not limited to City-owned or leased buildings and surrounding areas, such as sidewalks, walkways, driveways, and parking lots under the City’s ownership or control. This policy also applies to all City-owned or leased vehicles and all vehicles that come onto City property.
Consistent with this policy, acts or threats, whether verbal, written, or physical, of violence, including intimidation, harassment, and/or coercion, which involve or affect City employees, will not be tolerated and will be subject to appropriate disciplinary action, up to and including termination. In addition, a violation of this policy may lead to criminal prosecution.
This policy establishes, implements, and maintains an effective workplace violence prevention plan as required by SB 553 (Labor Code § 6401.9). Our Workplace Violence Prevention (WVP) plan is available upon request for examination and copying to our employees, their representatives, and the Chief of Cal/OSHA’s designee. Our policy addresses the hazards known to be associated with the four types of workplace violence as defined by Labor Code (LC) section 6401.9.
A. Definitions
1. Emergency
Unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons.
2. Engineering controls
An aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the employee and the hazard.
3. Log
The violent incident log required by LC section 6401.9.
4. Plan
The workplace violence prevention plan required by LC section 6401.9.
5. Serious injury or illness
Any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.
6. Threat of violence
Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
B. Workplace Violence Defined
1. Workplace Violence
Any act of violence or threat of violence that occurs in a place of employment. Workplace violence does not include lawful acts of self-defense or defense of others.
2. Work practice controls
Procedures and rules which are used to effectively reduce workplace violence hazards.
3. Workplace violence includes, but is not limited to, the following:
a. Threats of any kind;
b. The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury;
c. Other behavior that suggests a propensity toward violence, which can include belligerent speech, excessive arguing or swearing, sabotage, or threats of sabotage of City property, or a demonstrated pattern of refusal to follow City policies and procedures; d. Defacing City property or causing physical damage to the facilities; e. Bringing weapons or firearms of any kind on City property, in City parking lots, or while conducting City business (with the exception of public safety personnel permitted to carry weapons or firearms).
f. An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
4. The following four workplace violence types:
a. Type 1: Workplace violence committed by a person who has no legitimate business at the worksite and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime.
b. Type 2: Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
c. Type 3: Workplace violence against an employee by a present or former employee, supervisor, or manager.
d. Type 4: Workplace violence committed in the workplace by a person who does not work there but has or is known to have had a personal relationship with an employee.
C. Responsibility and Authority
The Personnel Officer, or their designee, is the designated WVP Plan Administrator and has the authority and responsibility for developing, implementing, and maintaining this plan and conducting or overseeing any investigations of workplace violence reports. The Personnel Officer, or their designee, will also be able to answer employee questions concerning this plan.
The Personnel Officer shall solicit feedback and input from Department Heads, employees, and their authorized representatives in developing and implementing the WVP plan. Active involvement of employees could include, but is not limited to, their participation in identifying, evaluating, and correcting workplace violence hazards; in designing and implementing training; and in reporting and investigating workplace violence incidents.
The Personnel Officer, or their assigned designee, shall coordinate implementation of the workplace violence prevention plan with other employers (ex. contracted security staff and other employers on site), when applicable, to ensure those employers and their employees understand their respective roles as provided in the plan. These other employers and their staff shall be provided with training on the City’s workplace violence prevention plan.
D. Responsibilities of Department Heads, Managers, and Supervisors
1. Implementing the plan in their work areas;
2. Providing input to the Personnel Officer regarding the plan;
3. Participating in investigations of workplace violence reports; and
4. Informing and updating employees of the status or results of investigations and any corrective actions to be taken; and
5. Answering employee questions concerning this plan.
E. Responsibilities of Employees
1. Complying with the plan;
2. Maintaining a violence-free work environment;
3. Attending all training;
4. Following all directives, policies, and procedures; and
5. Reporting suspicious persons in the area and alerting the proper authorities when necessary.
F. Employee Communication and Training
Managers and supervisors are responsible for communicating with employees about workplace violence in a form readily understandable by all employees.
Employees are encouraged to inform their supervisors about any threats of violence or workplace violence. Employees may visit the designated Human Resources staff and report their incidents for documenting on the Workplace Violent Incident Log. No employee will be disciplined for reporting any threats of violence or workplace violence.
After the employee has reported their concerns about any threats of violence or workplace violence to their supervisor, the supervisor will report this information to the Personnel Officer who will investigate the incident. The Personnel Officer will then inform the employee of the results of their investigation and any corrective actions to be taken as part of the City’s responsibility in complying with hazard correction measures outlined in the WVP plan.
Any employee who believes he or she has the potential of violent behavior is encouraged to contact the Personnel Officer.
Employees assigned to respond to alerts, alarms, or systems that are in place to warn others will receive additional training that includes:
1. General and personal safety measures;
2. Aggression and violence predicting factors;
3. The assault cycle;
4. Characteristics of aggressive and violent persons;
5. Verbal intervention and de-escalation techniques and physical maneuvers to defuse and prevent violent behavior;
6. Strategies to prevent physical harm;
7. Appropriate and inappropriate use of restraining techniques and medications as chemical restraints in accordance with Title 22; and
8. An opportunity to practice the taught maneuvers and techniques, including a debriefing session.
Training will occur:
1. When the plan is first established and as it is amended;
2. At time of hire or transfer;
3. Annually for employees and supervisors performing public services activities;
4. Annually for employees assigned to respond to internal alerts, alarms, or systems;
5. When new equipment or work practices are introduced; and
6. When a new or previously unrecognized workplace violence hazard has been identified.
Employees who receive training in a form other than in person will have the opportunity to meet with their supervisor or Personnel Officer within one business day of the training for interactive questions to be answered.
G. Procedures
In the event of an actual or potential workplace violence emergency, the Personnel Officer or an assigned designee(s) will alert employees of the presence, location, and nature of the workplace violence. All employees should respond following the methods listed based on the levels of violence below:
1. Level I (Warning Signs): When a person tries to intimidate or bully others, is discourteous or disrespectful, is uncooperative or verbally abusive:
a. Observe the situation and behavior in question.
b. Report to the supervisor to seek help. The supervisor should take over and deescalate the situation. If unable to assist, report to the next level of authority. c. If the offending person is the immediate supervisor, the employee should notify the next level of supervisor or manager.
d. If the offending person is an employee, the supervisor should meet with the employee in private at a scheduled time and place with the necessary union representative to discuss the situation, identify corrective actions, and set a standard of behavior and performances with an established time frame for improvement. Failure to correct the behavior will result in discipline.
2. Level II (Escalation): When a person argues with co-workers or management, refuses to obey agency policies, verbalizes wishes to hurt others, or sends threatening notes:
a. If warranted, Call 911
b. Immediately contact the supervisor.
c. If necessary, secure your safety and that of others. d. Document the observed behavior.
e. If the offending person is an employee, the supervisor should meet with the employee:
i. Call for assistance if necessary.
ii. Speak to the employee and avoid an audience.
iii. Remain calm and speak clearly and ask questions to assess the employee’s situation (i.e., What can I do to help you, what is the issue). iv. If necessary, begin progressive discipline.
3. Level III (Emergency Response): When the person displays intense anger resulting in suicidal threats, physical fights, destruction of property, rage, and utilization of dangerous weapons to harm others:
a. Secure personal safety first.
b. Call 9-1-1
c. Contact the supervisor or the Personnel Officer and leave the area if your safety is at risk. d. Cooperate with law enforcement who will assume control of the situation once they arrive.
Witnesses must be prepared to provide a description of the violent behavior and the individual.
e. Supervisors must document the situation. If the offending person is an employee, begin progressive discipline.
When any employee becomes aware of an actual or potential workplace violence emergency, they shall notify their supervisor and the Personnel Officer.
In all types of workplace violence, employees shall implement the run, hide, fight protocols where appropriate. Evacuation routes and sheltering locations will be communicated to affected staff. If employees are not able to evacuate or shelter in place, they are authorized to take all reasonable actions necessary to fight or subdue an active shooter or assailant.
H. Reporting Workplace Violence Concerns
Employees who witness or experience threats of violence or workplace violence can report the incident to their immediate supervisor, Personnel Officer, or delegated Human Resources Staff. Employees may report anonymously and without fear of reprisal by submitting the incident in writing to delegated Human Resource Staff.
An employee who believes that they have been the recipient of violent or threatening behavior should report the incident immediately and to the extent possible follow the steps outlined in the Complaint Resolution Procedure (See Section 2.4) so that the complaint can be resolved quickly and fairly.
If an employee believes they are being harassed or threatened by the City Manager, or a member of the City Council, the employee is encouraged to report such incidents to the City Attorney. The report can be made in writing or verbally and should include all relevant details of the incident(s) and any witnesses if applicable.
I. Restraining Order
In the event of any employee experiencing unlawful violence or a credible threat of violence in the workplace, the City and the collective bargaining representative of the employee, provided the representative serves in that capacity for the employee in employment or labor matters at the workplace, has the right to seek legal protection including temporary restraining orders and court hearings for the affected employee and potentially other employees.
Employees or other personnel affiliated with the City who have an active restraining order issued against another person that includes the workplace are encouraged to provide a copy of the restraining order to their supervisor and the Personnel Officer. Supervisors who receive notification of a restraining order that includes the workplace will meet with the Personnel Officer to decide what actions, if any, need to be initiated.
J. Workplace Violence Hazard Identification and Evaluation The Personnel Officer will conduct a workplace violence hazard assessment to effectively identify and evaluate potential hazards. Workplace hazard assessments shall be conducted:
1. When the WVPP is first established;
2. Following the annual review of the past year’s workplace violence incidents;
3. During periodic physical security assessments.
The Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist can be located with designated Human Resources staff for review. This checklist will be used to assist with the security assessment. Inspections are performed according to the following schedule:
1. Once a year;
2. As deemed necessary by the Personnel Officer;
3. When the plan is implemented;
4. When new, previously unidentified workplace violence/security hazards are recognized; and
5. When workplace violence injuries or threats of injury occur.
K. Workplace Violence Hazard Correction
Work practice controls will be used to correct unsafe work conditions, practices, or procedures that threaten the security of employees.
Work practice controls are defined as procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls may include, but are not limited to:
1. Appropriate staffing levels;
2. Provision of dedicated safety personnel (i.e. security guards);
3. Employee training on workplace violence prevention methods; and
4. Employee training on procedures to follow in the event of a workplace violence incident.
Corrective actions will be implemented in a timely manner. If an imminent workplace violence hazard exists that cannot be immediately abated without endangering employee(s), all exposed employee(s) will be removed from the situation except those necessary to correct the existing condition. Employees that are essential to the correction of the hazardous condition will be provided with the necessary protection and equipment. All corrective actions taken will be documented and dated on the appropriate forms.
L. Recordkeeping
Records of workplace violence hazard identification, evaluation, and correction will be maintained for five years in accordance with the recordkeeping requirements of Labor Code § 6401.9 (SB 553), as may be amended from time to time.
Training for each employee, including the employee’s name, training dates, type of training, and training provider will be maintained for a minimum one year.
Records of violent incidents (Workplace Violent Incident Log) will be maintained for a minimum of five years in the Human Resources Department.
M. Annual Review and Revision of the Workplace Violence and Prevention Plan The City’s Workplace Violence Prevention Plan will be reviewed annually and updated as needed considering the following criteria:
1. Staffing;
2. Sufficiency of security systems;
3. Job, equipment, and facility design and risks;
4. Modifications or additions to tasks and procedures that affect plan implementation;
5. Newly identified hazards;
6. Prior year incidents;
7. Identified deficiencies; and
8. Feedback provided by employees and their authorized representatives.
Section 2.4: Investigation and Resolution of Complaints The City encourages all employees to immediately report any incidents of harassment, discriminatory, disrespectful, bullying behavior and/or workplace violence, so that complaints can be quickly and fairly resolved. The complaints filed under this policy include complaints about unlawful harassment, unlawful discrimination, disrespectful and bullying behaviors, and workplace violence.
The aim and objectives of a formal complaint process include a thorough investigation of allegations of illegal, negative, aggressive, and inappropriate behaviors that are defined in the policies of this Chapter, or if not defined, appear to be actions of an illegal and/or of a disrespectful nature. Employees should contact their supervisor or other supervisory employee, or the Personnel Officer with any questions regarding these definitions, or if they are uncertain about what constitutes prohibited discrimination, bullying, harassment, sexual harassment, retaliation, or workplace violence under this Policy.
City management is expected to be readily available and receptive to complaints of sexual or other harassment, discrimination, and retaliation. Any employee, applicant, intern, volunteer, contract worker, or City Official who believes they have been discriminated against, bullied, harassed, or retaliated against in violation of this Policy are encouraged to promptly report the incident and the individuals involved.
The time limit for reporting is set by California Law and is followed by the City. Complaints of discrimination, harassment, and retaliation are most effectively addressed at the earliest possible stage; the City encourages early reporting for example, within a year of an occurrence of such concerns.
Any employee, applicant, contract worker, intern, or volunteer who experiences or witnesses any behavior or conduct that they believe violate this policy are encouraged, but not required, to immediately inform the offending individual that the behavior is inappropriate and, if they feel comfortable doing so, to tell the offending individual to stop the behavior. A decision not to confront the person does not prevent the employee from filing a complaint, nor does it in any way exonerate the accused person.
Employees, applicants, contract workers, interns, and volunteers should also immediately report the alleged violation to their supervisor, manager, Director, delegated Human Resources Staff, or the Personnel Officer as appropriate. If the alleged offender is the individual's supervisor or manager, or if the individual does not feel that the matter can be discussed with their immediate supervisor, or another supervisor, the individual should contact the Personnel Officer and arrange for a meeting to discuss the complaint.
Individuals who do not feel that the matter can be discussed with the Personnel Officer should contact the City Attorney and arrange for a meeting to discuss their complaint.
A. Complaint Procedure
The City cannot resolve discrimination, harassment, or retaliation problems unless it knows about them.
Therefore, it is critical that these kinds of problems are brought to the attention of the City so that the necessary steps can be taken to correct the problem.
A complaint may be brought forward verbally or in writing. While a verbal complaint will be acted upon, written documentation will be requested to confirm the allegation(s). Complaints should be made as soon as possible following the incident, and should include the following information:
1. The complainant's name, department and position title.
2. The name of the person or persons committing the alleged discrimination, harassment, or retaliation, including their titles, if known.
3. The specific nature of the alleged discrimination, harassment, or retaliation, how long it has gone on, and any employment action such as demotion, failure to promote, dismissal, refusal to hire, or transfer taken against the complainant as a result of the discrimination, harassment, or retaliation, or any other threats made against the complainant as a result of the alleged discrimination, harassment, or retaliation.
4. Witnesses to the alleged discrimination, harassment, or retaliation.
5. Whether the complainant has previously reported such alleged discrimination, harassment, or retaliation, and, if so, when and to whom.
B. No Retaliation for Filing a Complaint or Participating in an Investigation The City will not retaliate against any individual for good faith opposition to or the reporting of discrimination, sexual or other harassment, or retaliation. It is also unlawful for an employer to retaliate against employees who reports or opposes practices prohibited by state and federal law, files complaints, or otherwise participates in an investigation, proceeding or hearing conducted by the California Civil Rights Department (”CRD”) or the federal Equal Employment Opportunity Commission ("EEOC"). Similarly, the City will not tolerate employees who interfere with internal or administrative investigations and/or complaint procedures.
Employees are reminded that the City protects employees from sexual or other harassment by nonemployees, such as volunteers, interns, contractors, vendors, or visitors. Any employee who is the victim of harassment by a non-employee or observes this conduct toward another City employee should report such harassment to their immediate supervisor, and appropriate action will be taken.
Employees who observe or are advised about the sexual or other harassment and/or discrimination of another employee, volunteer, or intern are encouraged to follow these reporting procedures.
C. Supervisor Reporting Obligations
Any supervisor who receives a complaint of discrimination, harassment, or retaliation, or otherwise witnesses or becomes aware of potential discrimination, harassment, or retaliation is required to report the conduct immediately to delegated Human Resources Staff or the Personnel Officer.
A supervisor who fails to report potential discrimination, harassment, or retaliation that the supervisor knew or should have about in the normal course and scope of their supervisory duties will be subject to discipline, up to and including termination.
D. Anonymous Complaints
Employees, applicants, contract workers, interns, or volunteers who wish to make a complaint of discrimination, harassment, and/or retaliation, but is uncomfortable disclosing their identity may file a complaint anonymously with the Personnel Officer. Individuals should understand, however, that anonymity in the complaint procedure may compromise the City's ability to complete a thorough investigation.
Individuals should also be aware that if the City learns of the identity of an anonymous complainant, the City cannot guarantee that their identity will remain confidential, if the City determines in its sole and absolute discretion that disclosure is necessary to complete any investigation.
E. Investigation of Complaints
All incidents of discrimination, harassment, and/or retaliation that are reported shall be investigated by qualified personnel. The City will immediately undertake or direct an effective, thorough, impartial, and objective investigation of the discrimination, harassment, and/or retaliation allegations.
The investigation will include obtaining information from the person accused of harassment, discrimination, or retaliation and anyone who may have witnessed the alleged misconduct. Anyone with information to assist the City with the investigation of an alleged violation of this Policy should contact the Personnel Officer. Failure to follow this Policy may subject employees to discipline, up to and including termination.
Employees involved in the investigation may be placed on administrative leave until the conclusion of the investigation when necessary to protect the parties involved.
The City will document each complaint and track each investigation to ensure reasonable progress, timely closure, and that findings are made based on the evidence collected. The findings of the investigation will be communicated to both the complainant and the accused.
F. Confidentiality
Maintaining appropriate confidentiality during the investigation process helps to encourage the reporting of potential discrimination, harassment, and retaliation and to protect the privacy rights of all parties involved. All investigations related to a complaint under this Policy will be conducted in a confidential manner to the extent possible and with respect for the rights of all individuals involved.
Complete confidentiality, however, cannot be guaranteed when it interferes with the City's ability to fulfill its obligations under this Policy, or when disclosure of information pertaining to the complaint or investigation is required by law.
G. Cooperation with Investigation
All employees involved in an investigation into alleged discrimination, harassment, and/or retaliation are required to fully and truthfully cooperate with the investigation. This includes, but is not limited to, maintaining an appropriate level of discretion regarding the investigation, and disclosing any and all information that may be pertinent to the investigation. Employees may discuss their investigation interview with their designated representative. Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action, up to and including termination.
H. No Retaliation
All employees are prohibited from engaging in retaliation as set forth in this Policy. The City will not retaliate against the employee for filing a complaint and will not knowingly permit retaliation by management employees or coworkers.
I. Determination and Corrective Action
Upon completion of the investigation, if the City determines that conduct in violation of this Policy occurred, the City will take appropriate corrective and preventive action, which may include imposing discipline, up to and including termination. The City will notify both the complaining party and the accused of the findings of the investigation and whether any corrective action has been taken against the accused. The City will not disclose any notes, reports, or other written materials relating to the investigation unless the City deems disclosure necessary to support disciplinary action, to take remedial action, to defend itself in any proceedings, or to comply with the law or court order.
The information and definitions set forth in this Policy are based on the legal definitions of discrimination, harassment, and retaliation. In light of the City's duty to prevent the unlawful discrimination, harassment and retaliation, and its desire to ensure a respectful work environment, the City reserves the right to take appropriate corrective action when an employee engages in inappropriate conduct that does not necessarily meet the legal standards set forth herein. For example, the City may take appropriate corrective action for inappropriate conduct, even if such conduct was not subjectively unwelcome or offensive, or if it does not meet the legal threshold of severe or pervasive.
J. Bad Faith and Intentionally False Complaints
While the City vigorously defends its employees' right to work in an environment free of discrimination, harassment, and retaliation, it also recognizes that false accusations of discrimination, harassment, or retaliation can have serious consequences. Any employee who is found, through the City's investigation, to have deliberately and falsely accused another person of discrimination, harassment, and/or retaliation will be subject to appropriate disciplinary action, up to and including discharge.
K. Additional Enforcement Information
Employees who believe they have been discriminated against, harassed, or retaliated against may also file a complaint of discrimination with the California Civil Rights Department (”CRD”) or the U.S.
Equal Employment Opportunity Commission (EEOC) using the following contact information:
EEOC: (800) 669-4000 or TTY (800) 669-6820; or online at www.eeoc.gov CRD: (800) 884-1684 or TTY (800) 700-2320; or online at https://calcivilrights.ca.gov/ The CRD and the EEOC may investigate and prosecute employment harassment, and retaliation complaints. Remedies available through these agencies may include sanctions, fines, injunctions, reinstatement, back pay and damages for emotional distress. There are time limits for filing complaints with the CRD and EEOC. Employees are advised to contact the CRD or EEOC directly to obtain information on the time limits for filing complaints with these agencies.
L. Training And Policy Dissemination
State law requires the City to provide one hour of sexual harassment and abusive conduct prevention training to all non-supervisory employees and two hours of training to identify and prevent sexual
harassment, and bullying/abusive conduct to all supervisory employees once every two years. In addition, all persons appointed or promoted to supervisory positions must receive such training within six months of the appointment or promotion, if the supervisory employee is a new hire or was promoted from a non-supervisory position.
In addition, state law requires that City Officials who earn any type of compensation, salary, or stipend receive two hours of sexual harassment prevention training once every two years. This two-hour training must be completed within six months of taking office, and every two years thereafter. A City Official who serves more than one local City or government agency may satisfy the training requirements once every two years; without regard to the number of local agencies they serve.
Section 2.5: Drug and Alcohol-free Workplace Policy
The City is committed to maintaining a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse (“substance abuse”) by applicable persons as defined in Section 1. There is a vital interest in maintaining safe and efficient working conditions for employees. Substance abuse is incompatible with health, safety, efficiency, and success. Employees who are under the influence of alcohol or who have any illegal drugs in their system, or who abuse legal drugs while conducting or performing business endanger their own health and safety and the health and safety of others, and can cause a number of other workrelated problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of work, inferior quality service and disruptions in interactions with members of the public.
This policy governs not only the abuse of alcohol and illegal drugs, but also the use and abuse of legal drugs in the workplace. Employees who find the need to use legal drugs, including prescription and over-the counter drugs, should consult with a health care provider regarding the medication’s impact on work and must comply with those provisions set forth in this Policy that address such use.
To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, to protect its business, property, equipment and operations, and to comply with all federal and state requirements, including, but not limited to the Drug Free Workplace Act of 1988 (41 U.S.C. § 8103) and the California Drug Free Workplace Act of 1990 (Gov. Code § 8355), this policy has been established concerning employee use of alcohol and drugs. As a condition of continued employment, each employee must abide by this policy.
Certain employees may be subject to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L.
No. 102-143, 105 Stat. 952, as amended) which requires alcohol and drug-testing of safety-sensitive transportation employees who are required to have a commercial driver's license (49 CFR Parts 40, 382, 391, 392, and 395, as amended). Employees who are required to have a commercial driver's license are covered by this policy to the extent that it conflicts with the commercial driver policy or with the Omnibus Transportation Employee Testing Act of 1991, as amended, the Federal Highway Administration Regulations, as amended, Federal Motor Carrier Safety Administration, as amended, or any other applicable Department of Transportation City regulations governing drug testing of employees required to possess a commercial driver's license.
Nothing in this Policy is intended to diminish the City's commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state, and local laws.
A. Definitions
1. Controlled Substances
Any drug or substance that is classified by the federal Drug Enforcement Administration into the five schedules or classes on the basis of their potential for abuse, accepted use, and accepted safety under medical supervision. Examples of controlled substances include, but are not limited to, marijuana metabolites, cocaine metabolites, opiate metabolites, amphetamines, and phencyclidine (PCP).
2. Illegal Drugs or Other Controlled Substances
Any drug or substance that (1) is not legally obtainable under federal or state law; or (2) is legally obtainable but has not been legally obtained; or (3) has been legally obtained but is being sold or distributed unlawfully.
3. Legal Drugs
Any drug, including prescription drugs and over the-counter drugs, that has been legally obtained under federal and state law and that is not unlawfully sold or distributed.
4. Abuse of any Legal Drug
Abuse of any legal drug means the use of any legal drug (i) for any purpose other than the purpose for which it was prescribed or manufactured; or (ii) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer.
5. Drug Paraphernalia
Drug paraphernalia means any device or instrument used for injecting, smoking, consuming, or otherwise administering a controlled substance or legal and/or illegal drug, which includes, but is not limited to the items set forth in California Health and Safety Code section 11364.
6. Reasonable Suspicion
Reasonable suspicion means a belief based upon objective facts, evidence, or other indicators sufficient to lead a reasonably prudent person to suspect that an employee is under the 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 their job is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
a. Slurred speech;
b. Alcohol odor on breath;
c. Cannabis odor on breath/person;
d. Unsteady walking and movement;
e. Physical symptoms of impairment (e.g., glassy eyes, eye dilation, shaking, or erratic movement);
f. An accident involving City property that provides a reasonable basis to believe that the accident was likely to have been caused by impairment from drugs or alcohol; g. Physical or verbal altercation;
h. Unusual behavior;
i. Job impairment;
j. Possession of alcohol, drugs, or drug paraphernalia; or k. Information obtained from a reliable source with personal knowledge. [Note: The City has developed a Reasonable Suspicion Report form template for use by supervisors or managers. Please see delegated Human Resources Staff for more details.]
7. Possession
Possession means that an employee has the substance on their person or otherwise under their control.
8. Under the Influence
Under the influence means having drugs and/or alcohol in the employee's system as evidenced by applicable testing procedures, and/or exhibiting conduct or behavior demonstrating that the employee is impaired by drugs or alcohol, including legal drugs.
9. Safety-Sensitive Employees
Safety-sensitive positions include those positions with duties that are fraught with such risks to others that even a momentary lapse of attention can have disastrous consequences, including, but not limited to the following:
a. Positions that include interaction with children are those in which employees are directly responsible for protecting children or have continuous interaction or supervision that puts them in a position of influence over children; or
b. Positions that have a history of drug or alcohol use including those where the City has established the existence of documented problems with drug or alcohol use by employees in a particular position or particular department.
c. Positions that are subject to the Omnibus Transportation Employee Testing Act of 1991 are also classified as "safety-sensitive" as that term is defined by the Department of Transportation regulations and federal law.
d. The City has analyzed actual job duties performed (or called upon to perform) of all of its employees and has determined that all Code Enforcement, Community Services, and Maintenance positions are considered safety-sensitive for the purposes of this policy.
B. The City's Consent for Use of Legal Drugs
1. Use of Legal Drugs
The City recognizes that it may be necessary for employees to use legal drugs from time to time.
The City also recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to adequately or safely perform is compromised. In order to accommodate employees who might be required to use legal drugs, and to help assure that no serious adverse consequences in the workplace result from such drug use, employees are required to notify the City so that the City can determine if any work restrictions are advisable under circumstances.
2. When Consent is Required
Employees who know or should know that their use of legal drugs might endanger their own safety or the safety of another person, might pose a risk of significant damage to the City's property, or might substantially interfere with their job performance or the efficient operation of the City's business, are obligated to report such drug use to the Personnel Officer and to obtain the City’s consent to continue working. The City reserves the right to have either a physician designated by the City or the employee's own physician determine whether it is advisable for the employee to continue working while taking such drugs.
3. Duty to Disclose
Employees who operate or who are responsible in any way for the operation, custody or care of the City's property, or for the safety of other employees or other persons, have a duty to disclose the nature of their job duties to any prescribing physician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the drugs prescribed might result in the dangers, risks or impairment that this policy is intended to prevent.
4. Restrictions on Work
The City reserves the right to restrict the work activities of any employee who is using legal drugs or prohibit any employee from working entirely while they are using legal drugs.
5. Duty to Refrain from Working
Each employee using legal drugs has a duty to not report for work while impaired by the drug if such impairment might result in serious harm or damage or might interfere with their job performance. Accordingly, even if an employee has obtained the City's consent to continue working while taking legal drugs, the employee will not be authorized to work while impaired by the use of such drug if the employee knows or has reason to know that working while impaired might endanger the safety of the employee or some other person, pose a risk of significant damage to the City's property, or substantially interfere with the employee's job performance or the efficient operation of the City's business.
C. Prohibited Conduct
1. Scope
The prohibitions of this section apply whenever the interests of the City may be adversely affected, including, but not limited to any time the employee is:
a. On City premises, in the workplace, or in uniform;
b. Conducting or performing City business, regardless of location; c. Operating or responsible for the operation, custody, or care of City vehicles, equipment, or other property;
d. Responsible in any way for the safety of other individuals associated with the City, including but not limited to, co-employees, management, visitors, residents and vendors.
2. No Right of Privacy
The City respects the individual privacy of its employees. However, employee privacy does not extend to the employee's use of City-provided equipment, supplies, or property. Employees should be aware that the terms of this policy limit their privacy in the workplace. Furthermore, employees should have no reasonable expectation of privacy with respect to City property, which may be searched at any time.
3. Alcohol
The following acts are prohibited and subject an employee to discipline, up to and including, termination:
a. The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation or dispensation of alcohol; or
b. Being under the influence of alcohol while at work.
4. Illegal Drugs
The following acts are prohibited and subject an employee to discipline, up to and including, termination:
a. The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance or drug paraphernalia; or b. Having any illegal drug or other controlled substance in your system.
5. Legal Drugs
The following acts are prohibited and subject an employee to discipline, including but not limited to termination:
a. The abuse of any legal drug; or
b. The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any legal prescription or over-the-counter drug in a manner inconsistent with law; or c. Working while impaired by the use of a legal drug whenever such impairment might endanger the safety of the employee or some other person, pose a risk of significant damage to City property, or substantially interfere with the employee's job performance or the efficient operation of the City's business in violation of Section B above; or d. Working without obtaining the required consent in violation of Section B, above; or e. Failure to make proper disclosure in violation of Section B, above.
6. Recreational/Adult Use and Medicinal Cannabis
The City recognizes that the State of California has legalized the use of cannabis for recreational and certain medical uses.
However, under federal law, the use of cannabis remains prohibited, and cannabis remains a controlled substance. The City will not take action against an employee solely because of the employee’s lawful, off-duty use of cannabis. However, the Agency reserves the right to take disciplinary action under this policy, up to and including termination, when an employee is actually impaired by cannabis on duty or engages in any other conduct involving cannabis that violates this policy. Any action involving cannabis use will be consistent with Government Code Section 12954.
D. Substance Screening
1. Job Applicants
Job applicants may be required to undergo drug and alcohol testing as a condition of employment with the City. No drug and/or alcohol test shall be administered prior to the applicant receiving a conditional offer of employment.
2. Employees
Current employees will be subject to drug or alcohol testing if they:
a. Report to work or, while conducting or performing City business regardless of location, are directly observed and/or reasonably suspected of being under the influence of drugs or alcohol or exhibiting abnormal behavior or performance difficulties reasonably associated with substance abuse;
b. Are involved in a work-related accident or injury that provides a reasonable basis to believe that the accident or injury was likely to have been caused by impairment from drugs or alcohol; or
c. Are subject to return to duty and/or follow-up testing following an employee's return from drug and/or alcohol rehabilitation and/or treatment.
3. Testing
The City may utilize each or all of the following testing methods:
a. Pre-employment testing;
b. Reasonable suspicion testing;
c. Post-accident testing; and
d. Testing authorized or required by federal or state regulations, including Department of Transportation regulations.
4. Results/Effect of a Positive Test
An employee who receives a positive test for drugs or alcohol will be in violation of this policy.
An applicant who receives a positive test result for drugs or alcohol may have their conditional offer of employment rescinded and may not be hired.
If the drug screen is positive, the employee may be requested to provide, within one (1) business day of the test results, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name.
5. Refusal to Test
Whenever an employee refuses an order to submit to a drug or alcohol test upon appropriate direction, the employee shall be reminded of the requirements of this policy and the disciplinary consequences for refusal. Such refusal may be considered insubordination and is grounds for disciplinary action up to and including termination. Refusal to test includes, but is not limited to:
a. Failing to appear at the collection site in the time allotted; b. Leaving the collection site before the testing process is completed;
c. Failing to provide a breath, urine, or saliva specimen; d. Failing to permit the observation or monitoring of specimen collection when required; e. Failing to provide a sufficient amount of urine or breath specimen without a valid medical explanation;
f. Adulterating or diluting a urine, breath, or saliva specimen; g. Failing or refusing to take a second test when required; h. Failing to cooperate with any part of the testing process; for example: refusing to sign the testing form when required.
6. Interference with a Required Test or Refusal to Cooperate An employee will be subject to the same consequences as a positive test if the employee:
a. Refuses the screening or test by engaging in behavior such as refusal to provide a urine specimen, body fluid specimen, hair, or breath sample without a valid medical explanation; a verbal declaration of refusal; or physical absence;
b. Adulterates, dilutes, contaminates, or tampers with the specimen, or attempts to do so; c. Substitutes the specimen with that of another person, or sends an imposter to provide a specimen, or attempts to do either act;
d. Refuses to sign the required forms or documentation; e. Otherwise refuses to cooperate in the testing process in such a way that prevents conducting or completion of the test.
7. Cannabis
Consistent with Government Code section 12954, the City will not screen for nonpsychoactive cannabis metabolites.
E. Consequences of Policy Violations
Violation of this policy by any employee may result in discipline, up to and including termination, depending on the circumstances and at the sole discretion of the City.
F. Disciplinary Action
Violation of this Policy by any employee may result in discipline, up to and including termination, depending on the circumstances and at the sole and absolute discretion of the City. For those employees employed in positions covered by the DOT regulations, discipline will be administered in accordance with Title 13 of the California Code of Regulations and Title 49 of the Code of Federal Regulations.
G. Return to Duty/Follow-up Testing
Employees who violate this policy may also be required to participate in a drug and/or alcohol rehabilitation or counseling programs as a condition of continued employment. In certain instances (such as an employee who tested positive for drugs or alcohol or has successfully completed drug or alcohol rehabilitation), and solely at the City’s discretion, the City may enter into an agreement with an employee who would otherwise be disciplined to permit the employee to keep their job upon fulfilling certain requirements pertaining to drug and/or alcohol rehabilitation, including, but not limited to, submitting to return to duty and/or follow-up testing when directed to do so by the City in accordance with this policy.
H. Criminal Convictions
Employees are required by this policy to notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event, not later than five (5) days after any such conviction. For purposes of this policy, a conviction includes a finding of guilt, a plea of guilty or no contest, and/or an imposition of sentence by any judicial body charged with responsibility to determine violations of federal or state criminal drug and alcohol statutes. When required by applicable law, the City will notify those under contract of any employee who has been convicted under a criminal drug statute for a violation occurring while conducting or performing City business, regardless of location.
An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event will be deemed to have violated this policy.
I. Confidentiality
Disclosures made by employees to the Personnel Officer concerning their use of legal drugs will be treated confidentially and will not be revealed to managers or supervisors unless there is an important work-related reason to do so, or disclosure is required by law. Disclosures made by employees to the Personnel Officer concerning their participation in any drug or alcohol rehabilitation program will be treated confidentially. Laboratory reports and/or test results shall not appear in an employee's general personnel file and information of this nature will be contained in a separate confidential medical folder.
Managers and supervisors should restrict communications concerning possible violations of this policy to persons who have an important work-related reason to know. In addition, managers and supervisors should not disclose the fact of an employee's participation in any drug or alcohol counseling or rehabilitation program.
J. Counseling
Employees who suspect they may have alcohol or drug problems, even in the early stages, are encouraged to voluntarily seek diagnosis and to follow through with the treatment as prescribed by qualified professionals. Employees who wish to voluntarily enter and participate in an approved alcohol or drug rehabilitation program are encouraged to contact the Personnel Officer, who will determine whether the City can accommodate the employee by providing unpaid leave for the time necessary to complete participation in the program. The City reserves the right to deny such leave in accordance with applicable state or federal law if granting the leave is unreasonable or would impose an undue hardship on the City.
The City reserves the right to discipline employees, up to and including termination, who are discovered to have a problem with drugs and/or alcohol, and do not come forward for help prior to the City's discovery or the City's demand that the employee submit to a drug and/or alcohol test.
K. Employee Assistance
The Employee Assistance Program (EAP) is available to assist full-time employees in these efforts to overcome problems with drugs and/or alcohol. Information pertaining to such programs may be obtained by direct contact with the EAP agency or by contacting delegated Human Resources Staff.
Section 2.6: Management Authority
The City is required by law to exercise certain powers and authority to manage the municipal services and the work force performing those services. The following functions, which are within the authority of the City Council and exercised directly and through the Personnel Officer and department heads, are not subject to negotiation, grievance or any other procedural limitations set forth in these rules except as otherwise provided by law. The rights include, but are not limited to the following:
A. Management Decisions
To manage City employees and determine the City’s personnel policies and procedures and to determine the existence or nonexistence of facts that is the basis of management decisions.
B. Organization
To determine the necessity, organization, implementation and termination of any service or activity by the City or other government jurisdictions and to expand or diminish public services; C. Direction of Employees
To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with the City’s personnel policies; to determine policies, procedures, and standards for recruiting, selecting, training and promoting employees; D. Goods and Services
To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of public services to be provided to the public;
E. Employee Performance
To require the performance of public services not specifically stated herein in the event of an emergency or disaster, as deemed necessary by the City;
F. Dismiss Employees
To lay-off employees of the City because of lack of work or funds or other conditions where continued work would be inefficient or non-productive or not cost effective, as determined by the City; G. Efficiency
To determine, relocate and/or change public facilities, methods, technology, equipment, operations to be performed, organizational structure, and allocate and assign work by which public services are to be conducted; to maintain order and efficiency in City facilities and operations; H. Budgeting
To determine methods of financing the City’s services; to plan, determine and manage the City’s budget that includes, but is not limited to, changes in the number of locations, relocations, and types of
operations, processes and materials to be used in carrying out all City functions and the right to contract or subcontract any work or operations of the City;
I. Work Force
To determine the size and composition of the City’s work force, assign work to City employees in accordance with requirements determined by the City, and establish and require compliance with work hours and changes to work hours, work schedules, including call back, standby, overtime, and other work assignments, except as otherwise limited by the Memorandum of Understanding; J. Goals and Objectives
To determine the issue of public policy and to establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, require compliance therewith, and to take necessary actions to achieve the goals and objectives of the City;
K. Personnel
To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classifications, job specifications, and to reallocate and reclassify employees in accordance with personnel rules and regulations; to hire, transfer intra- or inter-department, promote, demote, reallocate, terminate and take other personnel actions for non-disciplinary reasons in accordance with City’s rules and regulations;
L. Standards
To establish, implement and/or modify rules and regulations, policies and procedures related to productivity, performance, efficiency, personal appearance standards, codes of ethics and conduct, safety, health, and order, and to require compliance therewith; M. Restrict Activities
To restrict the activities of employee organizations on City facilities except as set forth in the Memorandum of Understanding (MOU);
N. Emergencies
To take any and all necessary steps and actions to carry out the service requirements and mission of the City in emergencies or any other times deemed necessary by City.
CHAPTER 3: CLASSIFICATION
Every City position shall be assigned to a Pay and Benefits Classification and an Employment Group.
Revisions to either classification or group must be approved by the Personnel Officer and adopted by the City Council.
Section 3.1: Pay and Benefits Classifications
Each employee shall be assigned to one of the following Pay and Benefits Classifications, as established by the Personnel Officer, for purposes of specifying the appropriate pay range, benefits, and employee rights for the position:
A. Regular Full-Time Employee
A person assigned to an authorized position who is scheduled to work a 40-hour work week and who has completed the probationary period of employment as defined in Chapter 6 “Probation Period” herein.
B. Probationary Employees
Regular full-time employees who have not yet completed their probation period.
Section 3.2: Exempt and Non-Exempt Employees
All employees are categorized as either exempt or nonexempt based on the hours and wages requirements of the Fair Labor Standards Act (FLSA).
A. Exempt
An exempt employee is exempt from the minimum wage and overtime requirements of the Federal Fair Labor Standard Act (FLSA). To be considered “exempt,” an employee must work in a bona fide executive, administrative, or professional capacity and be paid the minimum salary required by the FLSA. Management, mid-management and professional as defined in section 3.3 are in this category.
Exempt employees are not paid overtime for hours worked in excess of 40 hours per week.
B. Non-exempt
A non-exempt employee is not a bona fide executive, administrative, or professional employee as defined by the Fair Labor Standards Act FLSA. Non-exempt employees are bound by the overtime requirements of the FLSA. Confidential and General Employment Groups, as defined in section 3.3, are in this category.
Section 3.3: Employment Groups
Positions in the City’s classification system shall be assigned to one of the following Employment Groups:
A. City Manager
The City Manager is appointed by the City Council and serves at the pleasure of the City Council. The City Manager shall be the appointing authority for all positions in the City service, except elective officials and those appointed by the City Council. The City Manager may delegate any of the powers and duties conferred upon them under the personnel rules and regulations to any other officer or employee of the City or may recommend that such powers and duties be performed under contract.
B. Personnel Officer
The City Manager shall act as Personnel Officer and shall administer the provisions of these rules. The City Manager may delegate the day-to-day administrative responsibilities of the Personnel Officer.
C. Management
Positions with responsibility for administering and formulating policy for the City or a department within the City and with primary responsibility for hiring, transferring, promoting, assigning and scheduling work, disciplining and dismissing employees.
D. Mid-Management and Supervisory
Positions directly supporting management, and those positions with responsibility for supervising, assigning, scheduling work, and disciplining employees.
E. Professional and Confidential
Positions in which employees are assigned tasks and/or have access to confidential information related to employee-employer relations or those positions requiring specialized knowledge, skills, and certifications attained through completion of a recognized course of instruction.
F. General
All other positions not assigned to any of the above groups.
G. Change of Group
All newly created positions shall be authorized by City Council action. New positions shall be assigned by the Personnel Officer to an employment group.
CHAPTER 4: COMPENSATION
Section 4.1:Salary and Wage Plan Preparation
The City Council shall adopt a Salary and Wage Plan from time to time. The Plan shall identify the minimum, maximum, and all related salary steps within the salary range for each job position.
The City Manager is authorized to represent the City in the meet and confer process established pursuant to the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., for the purpose of reaching an agreement on wages and conditions of employment for inclusion in the Salary and Wage Plan.
Section 4.2: Acting Pay
In the event an employee is assigned by the Personnel Officer or their designee to perform “acting duties” of a higher level (defined as responsibilities beyond or outside of the employee’s current classification), the employee shall receive an additional ten percent (10%) during the acting service period. Such pay shall begin on the first day the additional responsibilities are performed and shall be paid at the increased rate for the entire pay period. Upon conclusion of the acting service period, the employee shall return to their previous pay scale.
Section 4.3: Overtime
The City shall pay overtime in compliance with the Fair Labor Standards Act (FLSA). Non-exempt employees may be paid overtime for hours worked in excess of 40 hours a week or may elect to receive compensatory leave in lieu of being paid overtime. [Note: Per Department of Industrial Relations, no overtime is required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek.]
For the purpose of calculating overtime, “hours worked” includes all hours in a paid status, including but not limited to regular hours worked, vacation leave, sick leave, holidays, bereavement leave, compensatory time off or any other paid leave of absence.
Regular overtime shall be paid at the rate of one and one-half (1½) times the employee’s hourly FLSA rate.
When applicable, double time shall be paid at the rate of two (2) times the employee’s hourly FLSA rate.
All hours worked in excess of forty (40) hours in a workweek, unless performed as a result of emergency conditions, must receive prior approval of the supervisor. In the case of overtime worked in an emergency situation, the supervisor shall be notified of the overtime worked as soon as possible. Overtime approved by the supervisor or department head may not exceed budgeted amounts, unless approved by the Personnel Officer.
Section 4.4: Straight Time Overtime (STOT)
Part-time non-exempt employees may be asked to work more than their regular hours. They will be paid at their normal pay rate for the first 40 hours of the week. If they work more than 40 hours, they will be compensated at time and a half (1.5) of their regular rate.
Section 4.5: Compensatory Time
Eligible non-exempt full-time employees who elect to accrue compensatory time in lieu of the payment for overtime shall indicate it on their time sheet. Such compensatory time shall accrue at the same rate as the applicable overtime.
The maximum accrual for compensatory time shall not exceed one hundred and twenty (120) hours at any point in time.
Requests to use accrued compensatory time must be submitted in writing to the department head or supervisor at least one (1) week prior to the requested time off. Such requests shall not be unreasonably denied.
An employee may elect to cash-out accrued compensatory time at their discretion, at any time, to be paid on the next regular pay date at the employee’s rate of pay at the time of the payment. At such time an employee terminates service with the City, cash payment shall be made for all accrued compensatory time at the employee’s rate of pay at the time of the payment.
Section 4.6: Administrative Leave
In lieu of overtime compensation, exempt full-time employees are eligible for seventy-two (72) hours of administrative leave per fiscal year, which may be used upon approval of the department head and Personnel Officer. Unused administrative leave does not carry forward to the next fiscal year, nor is it eligible for cash payment.
Section 4.7: Bilingual Pay
A full-time employee recognized as proficient by the Personnel Officer in Spanish, Chinese, or any other language determined by the Personnel Officer, shall be compensated at a monthly premium rate of two percent (2%) above each employee’s base salary for providing bilingual translation services for the City.
Employees receiving bilingual pay prior to July 1, 2017, shall be deemed proficient and shall not be required to recertify at any time. Employees hired on or after July 1, 2017, may be required to periodically recertify after their initial recognition as proficient.
Section 4.8: Standby Pay
The purpose of assigning employees to standby duty is to ensure the City has qualified employees ready and available to respond, without delay, to after-hours operational needs and/or emergencies on behalf of the City.
Qualified employees may be assigned to standby duty on a rotational basis. Such assignments will be conducted on a voluntary basis; however, in the event there is a lack of volunteers the City may assign employees to standby duty, as needed, to ensure appropriate coverage.
A. Requirements for Employees Assigned to Standby Duty
1. Be reachable by telephone or other communication device within fifteen (15) minutes of the request; and
2. Be able to be physically on-site in the City in no greater than sixty (60) minutes of the request; and
3. Refrain from participation in activities which might impair their ability to perform duties.
In the event the City assigns an employee to standby duty, the employee shall be compensated as follows for such standby duty:
B. Weekday Standby Duty
An employee assigned to standby duty on Monday through Friday shall receive two (2) hours pay at the regular hourly rate for each day the employee is assigned to standby.
C. Weekend Standby Duty
An employee assigned to standby duty on a Saturday or Sunday shall receive four (4) hours pay at the regular hourly rate for each day the employee is assigned to standby.
Section 4.9: Callback Pay
An employee who performs work on behalf of the City outside of their regularly scheduled hours shall be compensated at the appropriate overtime rate in accordance with this section. This includes, but is not limited to making, receiving and/or responding to telephone inquiries to/from other City personnel during off-duty hours, reporting to work earlier than scheduled, or reporting to work on a regularly scheduled day off.
Call back commences upon receipt of the request/need to perform work on behalf of the City. The minimum period to be compensated for each physical callback shall be two (2) hours. The minimum period to be compensated for each telephonic or remote callback shall be one (1) hour. Any time worked in excess of these guaranteed minimum payments shall be paid in a minimum of fifteen (15) minute increments for the additional actual time worked during each callback. All portal-to-portal travel time required for a call back shall be considered hours worked and included for the purpose of calculating payment.
There shall be no duplication or pyramiding of call back rates under this section.
For example: If an employee is called back to perform work at a physical location at 8:00 P.M. and completes the task by 9:00 P.M., and then receives a second call back assignment at 9:30 P.M. (while still on duty for the first call back), the employee would receive the single two (2) hour guaranteed minimum payment plus any additional time worked paid in minimum fifteen (15) minute increments. However, if the employee subsequently receives another call back after 10:00 P.M. a new guaranteed minimum payment would apply.
CHAPTER 5: EMPLOYMENT SELECTION
Section 5.1: Equal Opportunities in Employment
The City provides equal employment opportunities for all applicants and employees. The City does not unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national or ethnic origin, citizenship, ancestry, age, physical disability, mental disability, medical condition, family care status, veteran or military status, marital status, sexual orientation, or any other basis protected by federal, state, or local law, ordinance or regulation. The City also makes reasonable accommodations that do not impose undue hardship on the conduct of City business for protected applicants and employees who seek such accommodations because of a qualified physical or mental disability.
This policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, and social and recreational programs. It is the responsibility of every City official, manager and employee to conscientiously follow this policy. Unlawful disparate treatment based on any of the factors listed in this section is prohibited.
A. Fair Employment
The City will employ the applicant best qualified for an available position. Continued employment will be based on the employee's job performance, available funding, and demonstrated need for the position.
No question in any test, or in any application for, or by any appointing authority, shall be so framed as to attempt to seek illicit information concerning race, color, religion, national origin, ancestry, marital status, sex, age, physical (including health or disability status) or mental disability, sexual orientation, political or religious opinions, or affiliations or any other protected rights of the candidate. The City makes reasonable accommodations that do not impose undue hardship on the conduct of City business for protected applicants and employees who seek such accommodations because of a qualified physical or mental disability. No appointment to, removal from a position nor training received in the competitive service shall be affected or influenced in any manner by any consideration of an employee’s protected rights.
B. Merit and Fitness
Employment and promotion by the City shall be based on merit and fitness free of personal and political considerations and in no way shall be discriminatory because of any protected right.
Section 5.2: Recruitment Procedures
A. Recruitment Process
1. Delegated Human Resources Staff will review the job description for the position being recruited to ensure that it is up to date with current laws and forward it to the department director/supervisor for input as to essential functions and qualifications.
2. City employees shall be provided with an exclusive period, to be determined by the Personnel Officer, to apply and be considered for open full-time positions with the City before such positions are posted to the public.
3. Delegated Human Resources Staff will prepare the job flyer for all positions and will post on the City’s website, in any other publications, newspapers and mediums that are appropriate for the position being advertised. Position vacancies may be filled by an open competitive test, by promotion, by temporary appointment, transfer, re-employment, demotion, or by the appointment of individuals from eligible lists, if any, as determined appropriate by the Personnel Officer from time to time.
4. Delegated Human Resources Staff and/or Hiring Department Supervisors or Directors will receive, review, and evaluate all applications to determine qualifications. Applications who most closely meet the City requirements may be invited to participate in the examination process.
B. Interview and Selection Process
1. Delegated Human Resources Staff will schedule all interviews and obtain oral board raters. If two internal candidates apply, delegated Human Resources Staff will select an outside board. If delegated Human Resources Staff is unable to obtain oral board raters, then the department may be asked to assist in obtaining raters.
2. All interview questions will be approved by delegated Human Resources Staff prior to interviews to ensure there are no violations of applicable laws. Department Directors and supervisors may draft written assignment questions and additional job-related interview questions for approval.
3. All interview packets for oral board and department interviews will be prepared by delegated Human Resources Staff. Once interviews are completed, all interview and testing material (questions, job descriptions, flyers, and applications) will be returned to delegated Human Resources Staff.
4. Delegated Human Resources Staff will proctor and score any written assignments or tests and incorporate all exam and interview scores for a total score. All applicants will be certified according to test and interview scores. A certification sheet along with a copy of the raters’ sheets and written examinations will be provided to the department director to review. A final interview of the top 3 candidates will be scheduled with the Department Director, Supervisor and/or Personnel Officer for a final decision.
5. After the final interview, delegated Human Resources Staff will total individual applicant scores and provide a final certification sheet to the Department Director, Supervisor, and/or Personnel Officer for final selection of an applicant. Department head will advise delegated Human Resources Staff the grade and step candidate(s) is to be hired at.
C. The Hiring Process
1. Delegated Human Resources Staff will make the offer of employment and perform the background checks, reference checks, fingerprinting, and provide all of the forms necessary to complete the hiring process. Delegated Human Resources Staff will send letters to all candidates advising of the final hiring decision.
2. Employee Orientation will be conducted by delegated Human Resources Staff prior to an employee’s start date.
Section 5.3: Subjects and Method of Examinations
The goal of the examination process is to determine certain qualifications of applicants in an objective, consistent and fair manner. The type of examinations used as the basis for employment selection shall be determined by the Personnel Officer on the recommendation of the appropriate department head.
Examinations may be written, oral, practical demonstration, physical or any combination and shall be reasonably related to the requirements of the position to be filled.
Section 5.4: Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service may require. Promotional examinations may include any of the selection techniques referenced in Section 5.3 above. All candidates for promotion must be employees in the competitive service and must possess the minimum qualifications as set forth in the specifications of the class to which promotion is sought.
Promotional examinations, however, may be scheduled when there are at least two qualified City employees interested in and willing to accept the position.
Section 5.5: Continuous Examinations
Open-competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as referenced in Section 5.9 below.
Section 5.6: Conduct of Examinations
The Personnel Officer shall recommend the manner and methods and by whom examinations shall be prepared and administered. The City, upon recommendation of the Personnel Officer, may contract with any competent agency or individual to prepare and/or administer examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed.
Section 5.7: Notice of Results of Examination Process
As soon as the rating of an examination has been completed and the eligibility list established, each candidate shall be notified in writing of the result of the examination, and if successful, their general average score.
Section 5.8: Scoring Examinations and Qualifying Scores A candidate’s score in a given examination process shall be the average of their scores on each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination is grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination process. The Personnel Officer may, at their discretion, include as a part of the examination, tests that are qualifying only.
Section 5.9: Eligible Lists
Employment and promotional eligible lists based on selected test and interview results shall be effective for six (6) months following the date approved by the Personnel Officer. Eligible lists may be extended, by the Personnel Officer, two (2) times for an additional six (6) month period each time, for a maximum period of eighteen (18) months.
Section 5.10: No Eligibility List – Certification of Temporary/Provisional Appointment When no certification can be made for a vacancy, the Personnel Officer may recommend the name of a qualified candidate who meets the minimum qualifications of the position for either a temporary or provisional appointment.
Section 5.11: Temporary Appointment
In the event special legislation, federal employment programs, or locally designed employment programs are created necessitating the employment of persons outside the normal competitive merit system, such persons shall be hired in a temporary status not to exceed twelve months.
Temporary appointments can only be extended for a period of time specified by the Personnel Officer at the time of employment, or by definition of the program under which the temporary appointment has been made.
Section 5.12: Provisional Appointment
In the absence of an eligibility list for a regular position, a provisional appointment may be made for a period of six months, by which time an eligibility list shall be established. A provisional appointment may be extended one time, for an additional thirty days with the approval of the Personnel Officer.
Section 5.13: Certification of Less Than Three Names
When less than three names are available from appropriate eligibility lists, the Personnel Officer may offer the available names to the appointing authority for review. If, after review, the appointing authority so chooses, they may accept the available names as a valid certification. The review of two or less available names does not deny the appointing authority the right to a full-three-name certification.
Section 5.14: Emergency Appointments
Certain employees designated by the Personnel Officer may make emergency appointments in order to meet the immediate requirements of an emergency such as an extraordinary fire, flood or earthquake which threatens public life or property. All emergency appointments shall be reported to the Personnel Officer as soon as possible. The personnel rules affecting appointments and employment do not apply when such emergency conditions occur.
Section 5.15: Employment of Relatives
Please see the City’s Nepotism and Fraternization policy found in Section 8.10 of this Handbook.
Section 5.16: Authorization to Work
The City complies with the requirements of federal law and employs only applicants who are lawfully authorized to work in the United States.
Section 5.17: Pre-Employment Physical Examinations
Candidates who have received an offer of employment may be required to undergo a physical examination prior to reporting to work. A medical doctor who is selected by and paid for by the City shall perform the examination.
Section 5.18: Reference/Background Investigation
The City may verify prior employment and conduct reference checks on applicants. Candidates may also be subject to a background check which may include 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 records. An employee under consideration for promotion may also be subject to a background check.
A written authorization will be obtained before a background check is conducted. Final offers of employment or promotion may be delayed until the City has completed this investigation process. [Note: A complete policy on conducting criminal background checks and securing received criminal history information is in Appendix A and is available by contacting delegated Human Resources Staff.]
CHAPTER 6: PROBATIONARY PERIOD
Section 6.1: Probation for New-Hires
To ensure a new regular full-time employee is able to satisfy the requirements of the position for which they are hired, the first six (6) months of employment shall be considered the minimum initial probationary period. The initial probationary period is required as part of the testing process and shall be utilized for closely observing the employee’s work. The City shall provide the probationary employee with at least one (1) performance evaluation during their initial probationary period.
If an employee’s performance during the initial probationary period is marginal and the City needs more time to adequately assess the employee’s suitability for the job, the Personnel Officer may extend the initial probationary period for a maximum of six (6) additional months.
During the initial probationary period, an employee may be rejected at any time without cause, without advance notice, and without recourse to appeal rights.
Section 6.2: Probation Following Promotion
To ensure a promoted employee is able to satisfy the requirements of the new position for which they were promoted, the first six (6) months in the new position shall be considered the minimum probationary period.
This probationary period is required as part of the testing process and shall be utilized for closely observing the employee’s work. The City shall provide the employee with at least one (1) performance evaluation during their probationary period.
If an employee’s performance during the probationary period is marginal and the City needs more time to adequately assess the employee’s suitability for the job, the Personnel Officer may extend the probationary period for a maximum of six (6) additional months.
An employee rejected during or at conclusion of this probationary period shall be reinstated to their former classification and position.
Written documentation shall be given to the employee indicating status at the end of each period.
Section 6.3:Rejections During Probationary Period
A probationary employee may have their employment terminated at any time without cause, without notice, and without right of appeal during the introductory period.
Section 6.4: Effect of Leaves on Probation Period
The granting of any approved leave of absence during the introductory period shall result in an extension of the introductory period for the same amount of time as the length of the leave.
Section 6.5: At-Will Employees
There is no probationary period for at-will employees. These employees serve at-will and their employment with the City may be terminated without cause. For more information, refer to the At-Will Handbook.
CHAPTER 7: CHANGES IN EMPLOYMENT STATUS
Section 7.1: Promotion
Promotion to a position with a higher pay range shall be based on qualifications and merit only. Whenever possible and insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion utilizing section 6.4 above.
If, in the opinion of the Personnel Officer, a vacancy in the position could be filled better by an open competitive examination instead of a closed promotional examination, arrangements shall be made for an open competitive examination and for the preparation and certification of an eligible list.
Section 7.2: Rejection Following Promotion
An employee rejected during or at the conclusion of this probationary period shall be reinstated to their former classification and position.
Section 7.3: Flexible Staffing
Certain pairs of specified positions in the City have similar job duties and are designated level one and level two depending upon level of autonomy, certification, experience, or any combination thereof. The City reserves the right to conduct an open recruitment to fill a vacancy in a second-level position or to fill the vacancy by advancement of a qualified employee from the first level position. Advancement will be based on merit; e.g. exceptional job performance and, if applicable, receipt of professional registration. The advanced employee's anniversary review date will be determined by the date the employee completes the required probationary period for their current position. The amount of actual salary increase will be based solely on merit as determined by the evaluation.
Section 7.4: Reductions in Force (Layoffs)
The level of City services provided may be reduced or other changes to City services may be required for reasons of economy or efficiency. In such an event, it may be necessary to terminate employment or reduce the hours of one or more City employees.
Whenever, in the judgment of the City Council, it becomes necessary for reasons specified above, to abolish any position, the employee holding such position may be laid off without disciplinary action or the right to grievance or appeal. The City’s decision to reduce its work force is a management right; thus no due process rights under the Grievance Procedure of this Comprehensive Personnel Policy handbook exist, and the decision is not subject to the meet and confer requirements.
The Personnel Officer shall make reasonable efforts to give primary consideration to (a) business necessity and (b) seniority, competence, and job performance whenever reductions in force are necessary. Employees shall be given at least fourteen (14) days notice of any proposed reduction in force, except where necessary to protect the public and carry out the City’s mission.
Section 7.5: Transfers or demotions to avoid layoff
Any employee who is laid off will not necessarily move to a lower related classification or a similar position in another department or division unless there is a vacancy. Every effort shall be made to place affected employees in other City positions when job performance warrants such action.
Section 7.6: Re-Employment Lists
Names of all regular employees whose positions have been terminated due to a reduction in force shall be placed on a re-employment list for two (2) years.
Section 7.7: Re-Employment
When a vacancy occurs in a class from which employees were laid off, the qualifying employees on the reemployment list shall be notified of the vacancy prior to announcing the recruitment and shall be offered the opportunity to apply for the position. In such an event, the Personnel Officer shall consider the name(s) on the re-employment list prior to considering other candidates. The City retains the right not to appoint former employees.
The procedures regarding layoff negotiated by the City and a union that are memorialized in a MOU will prevail for any employee represented by a union.
Section 7.8: Placement After On-the-Job Disability
The City will make a reasonable attempt, in accordance with federal and state law, to place employees in positions for which they qualify when they become disabled by an on-the-job injury or illness.
Section 7.9: Demotion
The Personnel Officer may demote an employee whose ability to perform the required duties falls below standard or for disciplinary purposes. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications. Such action shall be subject to appeal by the employee under the Grievance Procedure of this Comprehensive Personnel Policy handbook.
Section 7.10: Suspension
The Personnel Officer may suspend an employee from their position at any time for the good of the City, for a disciplinary purpose, or for other just cause. Suspension without pay shall not exceed thirty calendar days, nor shall any employee be penalized by suspension for more than a total of thirty calendar days in any fiscal year.
Departments heads that wish to suspend a subordinate employee must confer with delegated Human Resources Staff prior. Suspensions shall be reported immediately to the Personnel Officer. Such action shall be subject to appeal by the employee under the Grievance Procedure, Chapter 10 herein.
Section 7.11: Resignation
An employee who intends to leave their position with the City should file a written resignation notice at least ten (10) working days before leaving. The notice should state the effective date and reasons for leaving and should be submitted to the department head, to be forwarded to delegated Human Resources Staff and the Personnel Officer, as necessary, for processing and filing. Employees shall turn in any keys, identification cards, equipment, and any other City-owned property to the department head or delegated Human Resources Staff prior to their last day of employment with the City.
Section 7.12: Retirement
An employee planning to retire from the City shall provide a written notice to the department head, to be forwarded to the Personnel Officer for processing and filing, at least sixty (60) calendar days prior to the effective date of retirement.
Section 7.13: Re-Hire
Notice of resignation or retirement is final when given and may not be rescinded without the consent of the Personnel Officer. Said consent may be withheld with or without cause.
Regular employees re-hired into the same classification within one year of separation from City service shall be appointed at the salary step they attained at the time of separation. Such re-hired regular employees may be reappointed to the same classification from which they separated without being required to participate in a competitive recruitment process.
Re-hire after one year of separation from City service may result in appointment at Step A of the classification unless appointment to a higher step is approved by the appropriate Department Director. Such re-hired regular employees shall be required to participate in a competitive recruitment process to be rehired.
Section 7.14: Continuation of Health Benefits
For information on continuation of health benefits, please refer to Section 14.8 “COBRA” herein.
Section 7.15: References
Responses to requests for references by potential new employers and credit agencies will be given only on the prior written authorization of the employee. Job references will provide the date of hire and positions held but nothing else without the specific written consent of the employee.
Section 7.16: Fitness for Duty
If at any time the supervisor, department head or Personnel Officer believes 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. A medical doctor selected and paid for by the City shall perform the examination. The doctor’s report shall be the basis for determining whether continued employment or any change of duties is warranted.
CHAPTER 8: RULES OF CONDUCT
The purpose of the policy statements and procedures in this Section is to provide a workplace, which promotes both employee safety and satisfaction and the competent and efficient delivery of services to the citizens of La Puente and other members of the public. Any employee who violates any of the provisions of this Chapter shall be subject to discipline, up to and including termination.
Section 8.1: Dress Code and Personal Grooming Standards All employees are a representative of the City in the eyes of the public and are expected to have a professional, well-groomed presence while working in any City property, building and/or when representing the City at external events. Employees must wear clothing, jewelry and footwear that provides a safe work environment and is professional in appearance. Employees should check with their supervisor to confirm attire expectations particularly when at work and/or externally representing the City. Employees have a right to dress consistent with their gender identity.
Section 8.2: ID/Name Badges To Be Worn at All Times
Employees are required to wear their official City ID badges that identifies themselves as staff members at all times during work hours.
Section 8.3: Personal Cleanliness and Fragrance-Free Expectations All employees are expected to maintain their personal hygiene and report to work clean and tidy. Employees are required to refrain from using heavily scented personal products, air fresheners, room deodorizers, scented cleaning compounds or similar products in any public or staff-only locations. When supervisors and/or City management have been made aware of chemical and/or fragrance sensitivities or lack of personal hygiene, on the part of patrons and/or employees, the identified employee will be communicated with regarding the situation and requested to take immediate corrective action, if corrective action is possible to address the problem that is causing distress to others.
No employees, even if they have a “medical marijuana” prescription from a California medical provider, are to appear at work as if they are under its influence, nor can employees report to work smelling of marijuana.
Section 8.4: Employees Who Are Non-Compliant with Dress Code Expectations Employees who report to work inappropriately dressed or demonstrating poor hygiene or grooming will be asked to clock out and return to work acceptably groomed and/or wearing acceptable attire. If an employee continues to be non-compliant with the City’s Dress Code, they will be counseled, and as appropriate, disciplined up to and including termination from City employment.
Section 8.5: Information Technology (IT) Policy
This policy establishes the proper use of City-owned computer hardware, computer software, electronic mail, and Internet browsers; and telecommunications equipment (telephones, voice mails, cellular telephones, radios, etc.); and to set forth the procedures to be followed for the approval and use of all computer systems and tools and telecommunication devices by City employees as they conduct City business. This policy protects the City during litigation, government investigation or audit; promotes increased efficiency; and reduces cost.
A. Application
This policy shall apply to all City elected officials, appointed officials, employees and consultants or other non-employees utilizing computer systems and tools and telecommunication devices belonging to the City, as well as to those who use provided access to the Internet and/or E-mail, regardless of the user’s location when accessing the network.
B. Definitions
1. Computer systems and portable laptops
All hardware, software, and tools owned by the City and available for official use by City employees including, but not limited to, electronic mail and systems such as the Internet. City computing resources are made available to individuals to assist in the pursuit of organizational goals.
2. Electronic mail messages (e-mail)
Documents, letters, or correspondences created or received using an e-mail software application.
Internet e-mail messages are sent to and received from people outside the City organization who use the Internet as the medium of communication. Local e-mail messages are sent to and received from City employees and use the City's network as the medium of communication. E-mail messages can also contain attachments such as documents, graphics, text files, and various other file types.
3. Listservs
A "listserv" is a software program that automatically distributes copies of a single e-mail message to all the list subscribers on an electronic "mailing list". Each listserv targets pre-determined topics and discussions. Those people subscribed to a particular listserv are expected to have a common interest that is served by the mailing list.
4. Internet (World Wide Web)
The Internet is a global network of connected machines, software programs, and massive quantity of information. Internet browsers are software packages used to access and navigate the Internet.
5. Telecommunication Devices
All telephones, cellular telephones, radios, and other equipment used to communicate with City elected officials, appointed officials, employees, consultants, residents and other members of the public while conducting City business.
C. Computer Hardware and Software Usage
1. City computer resources must be used for City-related activities and not for personal business.
2. The City's computer systems require that each user have a unique identity, referred to as a "UserID," protected by a "password," to gain access to the system.
3. All software, data, reports, messages and other products that are created by using the City's computer resources are the property of the City.
4. Computers or terminals shall not be left unattended in a state, which affords inappropriate access to records of the City, or otherwise compromises security.
5. All employees share in the responsibility to protect City computer resources from physical and environmental damage and are responsible for the correct operation and maintenance of those computers.
D. Prohibited Uses of Computer Systems and Tools
Include, but are not limited to, the following:
1. Illegal activities
2. Threats
3. Harassment
4. Slander and defamation
5. Obscene or suggestive messages or offensive graphical images
6. Political activity and endorsements
7. Commercial activity
8. Using non-business software including games or entertainment software
9. Using City computer resources to seek out information on, obtain copies of, modify, or divulge files, reports, and other data, which is private, confidential, or not open to public inspection
10. Seeking passwords of others or the unauthorized exchange of passwords
11. Intentionally representing oneself electronically as another, either on the City network or on the Internet or other on-line services unless explicitly authorized to do so by those other users
12. Developing programs designed to harass other users or to infiltrate a computer or computing system and/or damage or alter components of same
13. Using City computer resources for fundraising or public relations activities not specifically related to City activities
14. Using City computing resources for purposes other than those intended by the Department authorizing access, including allowing access by unauthorized persons, even if they are members of City Staff, elected officials or community members
15. Making statements of personal opinion, which may be misinterpreted as official City policy
16. Using City computing resources for personal use or non-City related business Users should remember that they represent the City when using e-mail, the Internet and other online services provided by the City.
The following uses of computer resources and tools are unauthorized unless written approval is received from the employee's supervisor, department head or delegated Human Resources Staff:
1. Using hardware, related computer equipment and software not purchased, licensed and/or. owned by the City. Copyrights and licenses must be observed. Any software obtained from a source other than the City’s IT Department must be scanned for viruses prior to use.
2. Reading electronic mail of another employee without prior written approval of the employee's Department head or a management executive. All supervisors may inspect the contents of their employees' electronic mail without prior authorization or advance notice.
3. Using any City software or system to conduct non-City business or for personal purposes, except as set forth herein.
Section 8.6: E-Mail Policy
Employees shall use the e-mail system for official business only. Such use may include work-related social events such as lunches, birthdays, and retirement parties. Personal use of the City's e-mail system, while not prohibited, should be kept to a minimum and limited to emergencies and other urgent matters. Abuse of this privilege can result in appropriate disciplinary action being taken.
All e-mail messages are considered City records. The City reserves the right to monitor, review, and audit all city equipment and matters sent over and/or stored in the system to ensure their use complies with
relevant law and City policies. Internet websites visited and downloaded information are not confidential and can be reviewed by City management, any time without advance notice.
E-mail communications are not confidential and are subject to review by City management and may be subject to disclosure to the public. E-mail communications may be subpoenaed or requested under the Public Records Act and/or may be used as evidence in court or as part of an investigation.
Each department head has the right to ask for, receive and maintain a list of all employees' passwords within the department. The password list shall be maintained in a confidential manner by the department head.
Each department head has the right to inspect all e-mail and files of the department's employees to correct service problems, ensure system security, retrieve records and/or transition work when responsible personnel are unavailable, and for other legitimate business reasons.
A. Listservs
Users may subscribe, when necessary, to interest group lists through their personal work account, if the listserv is directly related to their line of work and City goals and is approved by the user's supervisor.
All material posted on listservs by City employees using' City accounts are governed by this Internet policy. In addition, when posting to listservs, authors will avoid the impression that the user is representing the official view of the City. A supervisor has the right to remove an employee from a listserv if the supervisor feels the listserv is not work related or is interfering with the subscriber's work.
B. Prohibited Use of E-Mail/Instant Messaging Platform
Messages that disrupt or threaten to disrupt the efficient operation of City business or administration are prohibited. Messages prohibited in this section include, but are not limited to:
1. Messages that constitute or counsel insubordination.
2. Messages that may harm close working relationships. This includes creating or transmitting any false statement, which tends to cause injury to one's reputation.
3. Messages that may take employees away from their assigned tasks.
4. Messages that harm the integrity of the system or network.
Messages that violate law, violate individual rights, create potential liability for the City or violate public policy are prohibited. These prohibited messages include, but are not limited to:
1. Messages that are pornographic or obscene.
2. Messages in conflict with the City's Prevention of Harassment, Discrimination, and Retaliation Policy or any other policy prohibiting discrimination, including harassment, on the basis of race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, medical condition, veteran status, marital status, sexual orientation or any other status protected by local, state or federal law.
3. Threats that implicate personal safety.
4. E-mail shall not be used to solicit or proselytize others for non-job related commercial ventures, religious or political causes, outside organizations or other non-job related activities.
C. E-mail and Messaging Etiquette and Use:
1. Remember you are representing the City through your communications both internally and externally, and it is critical that you maintain a positive image for both yourself and the City.
2. Be certain that your message is addressed to the proper person. Be sure you check the list of persons being e-mailed when you choose the REPLY ALL function. E-mail should not be used for broadcast purposes unless message is of interest to all users.
3. Capitalize words only to emphasize an important point or to distinguish a title or heading.
Capitalizing whole words that are not titles is generally interpreted as shouting.
4. Be professional and careful of what you say about others. E-mail is easily forwarded and blind copied.
5. Be cautious when using sarcasm and humor. Without face-to-face communication, humor may be viewed as criticism. By the same token, also carefully read what others write. The perceived tone may easily be misinterpreted.
6. Some e-mail messages, especially those written in "the heat of the moment," are best unsent. Think twice before sending angry or sarcastic messages or using e-mail to let off steam.
D. Maintenance of Accounts:
E-mail generates correspondence and other documentation, which may be recognized as official City records in need of protection/retention in accordance with the California Public Records Act. If an email message, including any attachments thereto, can be considered an official City record, as defined by the City Clerk, such e-mails should be printed as a hard copy and filed in accordance with the City's records retention policy. It is the responsibility of individual employees and their department heads to determine if email is an official record. Generally, the sender of the e-mail should be the person responsible for printing and filing it accordingly, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project.
Section 8.7: Internet Policy
Employees should be aware that the Internet is not censored and contains information some users may find offensive. The City cannot accept responsibility for what the user accesses while connected to the Internet.
Users may not download information from the Internet without authorization from the system administrator.
Moreover, if information is downloaded, the disk containing the download must be scanned by Virus Scan.
Staff should be aware that many of the items found on the Internet are copyrighted or under license agreements. Violation of contract rules, such as reproducing copyrighted materials or downloading copyrighted software, is illegal.
Users should be made aware that an accumulated list of websites is created while the user is online. This list will contain all sites the user has visited and may be monitored by departmental supervisors or the network administrators. Users should be made aware of Network Etiquette (Netiquette). Anything put up on the web is openly available for anyone in the world to see. Make sure the information is appropriate, representative, and informative.
A. Internet Access
Internet access shall be used for official business. Employees' access to the Internet for personal use is prohibited during office hours. Employees' use of City computers, hardware, software, internet, or email during off hours and/or lunch breaks must first be approved by the employee's supervisor and for purposes that will not violate City policy. Abuse of this privilege can result in appropriate disciplinary action being taken. City-related business activities may include:
1. Communication and exchange for professional development, to obtain training or education, or to discuss issues related to the user's governmental activities.
2. Applying for or administering grants or contracts for City programs.
3. Searching for advisory, standards, research, analysis, and professional society activities related to governmental tasks and duties.
4. Announcement and/or tracking of new laws, procedures, policies, rules, services, programs, information, or activities.
Time is to be limited on the Internet to that necessary to conduct City-related business. City management reserves the right to occasionally monitor Internet transactions.
B. Prohibited use of the Internet
Includes, but is not limited to, the following:
1. Use that violates the law.
2. Use for any for-profit activities unless specific to the mission or duties of the user's department.
3. Use for purposes not directly related to the mission or work tasks of the user's department.
4. Sending or soliciting sexually oriented messages or images.
5. Making libelous, offensive, or harassing statements, including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs.
6. Accessing or distributing computer games.
7. Interfering with or disrupting network users, services, or equipment
8. Personal use without prior consent of the employee's supervisor or department head.
Section 8.8: Telecommunications Policy
Employees are to make appropriate use of telecommunications equipment (telephones, voice mail, cellular telephones, radio, etc.) for operational efficiency and emergency response.
Telecommunications equipment is provided for official City business and personal use should not interfere with business, take excessive time, or result in additional cost to the City.
Employees are responsible for maintaining adequate physical protection of all telecommunications equipment issued to them by the City. Employees shall notify the Personnel Officer’s office immediately if any City owned telecommunications equipment is damaged, lost or stolen.
Employees should make every effort to avoid using City telecommunications equipment for personal calls.
However, the City recognizes that the need may arise from time-to-time for urgent personal business.
Any equipment purchased by the City is owned by the City and should be returned to the City when the employee separates from service or when the need for such equipment no longer exists.
The City retains the right to audit/review all communications bills. Employees who are issued City cellular phones and/or wireless devices understand that there is no expectation of privacy when using City provided cellular phones and/or wireless devices. The City has the right to review all records related to cellular and/or wireless devices including but not limited to phone logs, text messages, and internet usage logs. Users should further be aware that all records are subject to discovery under the Public Records Act.
A. Prohibited Uses of Telecommunications Equipment
Includes, but is not limited to, the following:
1. Calls or voice mails that disrupt or threaten to disrupt the efficient operation of City’s business or administration are prohibited. Calls and Messages prohibited in this section include, but are not limited to:
a. Calls or messages that constitute or counsel insubordination. b. Calls or messages that may harm close working relationships. This includes transmitting any false statement, which tends to cause injury to one’s reputation.
2. Calls or messages that violate law, violate individual rights, create potential liability for the City or violate FCC regulations are prohibited. These prohibited uses include, but are not limited to:
a. Calls or messages that are obscene.
b. Calls in conflict with the City’s Harassment, Discrimination, and Retaliation Policy or any other policy prohibiting discrimination, including use for any type of harassment or threats that implicate personal safety.
3. Telecommunications equipment shall not be used to solicit or proselytize others for non-job related commercial ventures, religious or political causes, outside organizations or other non-job related activities.
B. Penalties For Misuse of Telecommunications Equipment, Computer Systems and Tools
1. Failure on the part of any employee to comply with the provisions of this policy shall subject the employee to disciplinary action. Further, failure to comply with any provision of this policy may result in suspension or revocation of the privilege of using the Internet and/or using or accessing email.
2. Failure on the part of any appointed official to comply with the provisions of this policy will constitute grounds for the City Council to deny the official access to the Internet and/or e-mail system.
3. Failure on the part of any contractor or consultant to comply with the provisions of this policy will constitute grounds for termination of their contract with the City.
4. Misuse or abuse of telecommunications equipment may result in disciplinary action resulting in (1) the reimbursement by the user to the City of additional costs; (2) the loss of the use of telecommunications equipment; and/or (3) disciplinary action up to and including termination.
Section 8.9: Personal Cellular and/or Wireless Devices
Excessive use of cellular/wireless devices during the work day, regardless of the phone or device used, can interfere with employee productivity and be distracting to others. During paid work time, employees are expected to exercise the same discretion in using personal cellular/wireless devices as is expected for the use of any City telephone or computer. Cellular phones may not be used at any work site where the operation of the phone is or may be a distraction to the public or other employees.
A. Telephone Calls/Text Messaging
A reasonable standard the City encourages is to limit personal calls during work time to an average of no more than two or three short-duration calls per day as needed. Employees are expected to make personal calls during non-work time when possible and to ensure that friends and family members are aware of the City’s policy. Flexibility will be provided in circumstances demanding immediate personal phone use, but this immediate need should be communicated to an employee’s supervisor.
B. Prohibited Activities
In order to ensure a productive workday, the following use of a personal cellular/wireless device are prohibited during working hours:
1. Accessing the internet for non-work-related purposes.
2. Playing games.
3. Watching movies, television, sports, etc.
4. Any activity that violates City policy, including accessing and/or distributing pornographic or harassing material.
Section 8.10: Social Media Policy
This policy establishes City-wide guidelines, protocols, and procedures for the use by City staff of thirdparty platforms commonly known as social media sites, channels, and technology. The City regards social media and any official online and Internet presence as a means of augmenting and enhancing traditional communication methods and to engage, convey information to, and communicate with members of the public in order to meet City missions and goals. This policy applies to all City employees, officials, volunteers, consultants, and contractors acting in an official capacity and when communicating with the public on behalf of the City.
The City intends for its use of any social media site to relate solely to matters of the City business and does not, in any way, intend to nor actually create general public forums. Nothing in this policy shall be applied to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor laws or other applicable laws.
A. Definitions
For the purpose of this Policy, the following definitions apply:
1. Social Media Sites
Platforms used by individuals to create publicly viewable content, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media sites include, but are not limited to, Facebook, Twitter, YouTube, Flickr, Linkedln, Nextdoor, Snapchat, Pinterest, RSS, Blogs, Delicious lnstagram, and any other related internet-based platforms that are implemented following the publication of this policy.
2. City Social Media Sites
Social media sites which the City establishes and maintains and over which the City has control over all postings, except for advertisements or hyperlinks by the social media site's owners, vendors or partners. City social media sites shall supplement, and not replace, the City's required notices and standard methods of communication.
3. Social Media Administrator
An authorized City official or employee who creates, manages and is responsible for articles, messages and information on social media sites. The Social Media Administrator reviews,
authorizes and allows content submitted by public commentators to be posted to City social media sites.
4. Posts/Postings
Information, announcements, articles, pictures, videos, or any other form of communication posted on a City social media site.
B. General Policy
1. The City website at http://www.lapuente.org will remain the City's primary and predominant Internet presence.
2. Use of City social media sites by officers and/or employees of the City shall be managed consistent with the Brown Act. Members of the City Council, Commissions and/or Boards shall take caution in responding to any published posting or using the City's social media sites or any other form of electronic communication to respond to, blog, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the City Council/Commission/Board because such response may create a meeting in violation of the Brown Act.
3. City social media sites shall be used to communicate City missions and messages where there is a legitimate business purpose to do so. Wherever possible, City social media sites should link back to the official City website for forms, documents, online services, and other information necessary to conduct business with the City.
4. The City's Social Media Administrator shall monitor content on City social media sites to ensure adherence to both this policy and the interest and goals of the City.
5. The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Any content removed based on these guidelines shall be retained by the City for a reasonable period of time, including the time, date and identity of the poster, when available, as determined by the Personnel Officer in consultation with the City Attorney.
6. Whenever possible, users and visitors to City social media sites shall be notified by the following message appearing on the City social media site or by a hyperlink directing a user to the same regarding comments posted by the public: "A comment posted by a member of the public on this page is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City, nor do such comments necessarily reflect the opinions or policies of the City."
7. Each social media site maintains a "Terms of Use" agreement. All comments posted to any City social media site are bound by these Terms of Use and the City reserves the right to report any user in violation thereof.
8. All City social media sites shall adhere to applicable federal, state and local laws, rules, regulations and policies.
9. Comments on topics or issues not within the subject matter jurisdiction of the City may be removed.
10. Employees representing the City government via City social media sites shall conduct themselves at all times as a professional representative of the City and in accordance with all City policies.
11. All City social media sites shall utilize authorized City contact information for account set-up, monitoring and access. The use of personal email accounts or phone numbers by any City employee is not allowed for the purpose of setting up, monitoring or accessing a City social media site.
12. City social media sites may contain content, including but not limit to, advertisements, or hyperlinks over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City social media sites by the social media site's owners, vendors or partners.
13. The failure to comply with this and other applicable policies of the City will be reviewed on a caseby-case basis and may result in disciplinary action.
14. The City reserves the right to change, modify or amend this Police at any time.
C. Terms Of Use
As a public agency, the City abides by certain standards to serve all constituents in a civil and unbiased manner. Comments or content containing any of the following inappropriate form of content are not permitted and are subject to removal and/or restriction by the City:
1. Profane language or content
2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation, as well as any other category protected by federal, state or local laws.
3. Sexual content or links to sexual content
4. Content that includes unlawful harassment or threats of violence
5. Comments that are not topically related or out of context
6. Solicitations of commerce
7. Conduct or encouragement of illegal activity
8. Information that may tend to compromise the safety or security of the public or public systems
9. Content that violates a legal ownership interest of any other party
10. Content that defames any person, group, or organization
11. Disclosure of any proprietary, confidential, or privileged information The content of City social media sites shall only pertain to City-sponsored or City-endorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks.
The City shall have full permission or rights to any content posted by the City, including photographs and videos.
Postings shall be made during normal business hours. After-hours or weekend postings shall only be made with the approval of the City's Social Media Administrator or their designee.
Any employee authorized to post items on any of the City's social media sites shall review, be familiar with, and comply with the social media site's use policies and terms and conditions.
Any employee authorized to post items on any of the City's social media sites shall not express their own personal views or concerns through such postings. Instead, postings on any of the City's social media sites by an authorized City employee shall only reflect the views of the City.
Postings shall contain information that is freely available to the public and not be confidential as defined by any City policy or state or federal law.
Postings shall not contain any personal information, except for the names of employees whose job duties include being available for contact by the public.
Any unofficial or non-authorized content and all content posted by a member of the public on the City's social media site are the opinions of the person making the post. Appearance of content on the
City's social media sites does not necessarily imply endorsement of, nor agreement by, the City, nor does such content necessarily reflect the opinions or policies of the City.
The City reserves the right to deny access to City social media sites for any individual who violates this policy, at any time and without prior notice.
For any social media site approved by City, City may develop additional usage or other standards to optimize City's use of such third-party site.
Any content posted on a social media site may also be subject to third-party, site-specific rules or policies.
The City reserves the right to report any such violations of a third-party site's rules or policies. The City also reserves the right to report any posts to law enforcement.
D. Reporting/Removal Of Unauthorized Comments
The City requires the Social Media Administrators immediately notify the Personnel Officer if there is any posted material that may be inappropriate, that violates this policy, or any City policy, is illegal, or that potentially infringes the copyrights or other rights of any persons. The Personnel Officer shall investigate and respond to all reports of potential violations of this policy.
Any content removed based on these guidelines must be retained by the City for a reasonable period of time, including the time, date and identity of the poster, when available. Upon removal of content, the Social Media Administrator shall notify the commenter that their response has been deemed inappropriate and removed due to inconsistency with the City's content requirements.
The City reserves the right, at any time and without prior notice, to deny access to the social media site to any individual who violates this policy.
E. City's Rights To Posted Information
Images, text, video, audio files, and other content are subject to the Copyright Law of the United States of America and related codes, policies, and directives. The City may repost or disseminate such messages, images and information as it deems appropriate.
1. Public Records
The City is subject to the California Public Records Act, Government Code § 6250 et seq. All websites and social media sites shall clearly indicate that any article and any content posted or submitted for posting are potentially subject to public disclosure as required by law.
Due to the temporary and transitory nature of postings and comments on social media sites, social media postings and comments are not retained as public records unless printed, filed or otherwise saved by the City and in that event shall be retained pursuant to the City's Records Retention Schedules.
2. Privacy
All users of the City's social media sites are subject to the site's own privacy policy. The City has no control over a third party's privacy policy or their modifications to it. To protect your own
privacy and the privacy of others, please do not include personal information, such as your Social Security number, phone numbers or email addresses in your comment.
3. Disclaimer
The following disclaimer shall be posted on the City social media sites' primary page or by a hyperlink directing a user to the same wherever possible:
"The City does not guarantee that any information posted by members of the public, or employees who are not designated as content providers is correct and it assumes no liability for any inaccuracies, loss or damage resulting from reliance on any such information posted on any external website by any unauthorized person(s). Furthermore, the City does not guarantee that the social media sites will be uninterrupted, permanent or error-free.
The intended purpose of this page is to serve as a mechanism for communication between the City and members of the public. However, this page is not the primary method of communication with the City, and any notices, requests for City services or public records requests must be made via official communication methods identified on the City's website, or by traditional methods of notification recognized by the City, and no comments or posts on this page will be construed as providing notice to the City of any claim, deficiency, dangerous condition, request, or otherwise.
Any comments or other content posted or submitted to this page for posting, as well as personal identifying information for the page's users and visitors, and its list of fans, may be public records subject to disclosure pursuant to the California Public Records Act (Cal. Gov. Code § 6250 et seq.)."
In addition to the above statement, the City social media sites' primary page shall also contain contact information for the City and a hyperlink to the City website providing addresses, names, phone numbers, fax numbers, and email addresses of applicable department listings or City staff and methods of making official requests for maintenance or services and notice of the condition of City property or other similar requests.
Section 8.11: Nepotism and Fraternization Policy
The purpose of this policy is to establish the nepotism and fraternization policy for the City. This policy is intended to avoid conflicts of interest between work-related and personal/family obligations; reduce favoritism or the appearance of favoritism; prevent personal/family conflicts from affecting the workplace; and decrease the likelihood of sexual harassment and/or gender discrimination in the workplace.
A. Definitions
The following definitions apply to each section of this policy.
1. A "romantic and/or sexual relationship"
Exists when two City employees become personally involved with each other to the point that there is dating, exchange of personal affection, sexual or physical intimacy and/or cohabitation.
2. The term "dating"
Includes but is not limited to one or more social meetings under circumstances that may lead to
exchange of personal affection, and sexual or physical intimacy.
3. "Cohabitation"
Applies to those employees who live together, share room and board or sire children, without being married to one another.
4. "A social meeting"
Occurs when co-employees gather for purposes not related to work for the City.
5. A "significant other"
A relationship between an employee of the City and another individual as defined herein in (1), (2), and/or (3) and elsewhere in the policy.
6. A “relative”
An immediate family member of a city officer or regular or at-will employee. Immediate family members are those by blood or marriage within the third degree. This includes parents, siblings, children, grandchildren, grandparents, uncles/aunts, nieces/nephews, first cousins, great grandparents, and great grandchildren, as well as the spouses, spousal equivalents, or domestic partners of each and any “step” relations.
7. “Employees”
Any person who receives a City payroll check for services, full or part time, rendered to the City.
8. Department(s) is defined as:
Administration
City Manager’s Office
Administrative Services
City Clerk
Information Technology
Accounting and Finance
Development Services Department
Planning Division
Park Maintenance
Building and Safety Division
Engineering Division
Code Enforcement
Community Services
Recreation Division
Youth Learning Activity Center
Senior Center
B. Fraternization
1. Romantic Relationships Between Supervisors and Subordinate Employees Are Prohibited Public trust, safety and City morale require that employees avoid the appearance of a conflict between their professional responsibilities and any involvement that they may have in a romantic or sexual relationship with other City employees. In order to promote efficient operation of the City and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, morale, and possible claims of sexual harassment and/or gender based discrimination, romantic and/or sexual relations between supervisors and subordinate employees are prohibited.
2. Romantic Relationships Between Co-Employees in The Same Department Are Prohibited Public trust, safety and City morale require that employees avoid relations, which may negatively impact the efficient operation of the City. In order to promote efficient operation of the City and to avoid formation of cliques and factions, claims of sexual harassment and gender based discrimination, and the blurring of professional and personal responsibilities and relationships in the workplace, romantic and/or sexual relationships between co-employees in the same Department are prohibited.
3. Enforcement
The City reserves the right to investigate situations in the workplace to determine whether a romantic and/or sexual relationship exists and therefore presents a possible violation of this Policy.
If the City determines that a proscribed relationship (as defined by this policy) exists, remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or dismissal, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy. a. The City retains the right to refuse to place employees engaged in relationships prohibited by this policy in the same department where it has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest. b. In order to implement such policies, and where the above circumstances exist and mandate that employees shall not work in a prohibited relationship, the City will attempt to transfer one party to the proscribed relationship to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position.
Although the wishes of the involved parties as to which individual will be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied.
c. In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which an employee in a proscribed relationship can be transferred, that employee may continue to be employed within the same City department subject to approval by the Department Director and the Personnel Officer or their designee. However, any such continuing employment is predicated upon both subject employees not reporting to the same immediate supervisor; not being supervised by each other; not working the same shift at the same work site; or, otherwise becoming involved
in a work environment having the potential for adverse impact on supervision, safety, security or morale.
d. If continuing employment of employees in a relationship prohibited by this Policy cannot be accommodated consistent with the City's interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one of the parties from City employ. Absent resignation by one affected employee, the less senior, in terms of overall City service, of the involved employees shall be subject to separation. In the event of separation, applicable and governing due process procedures shall be applied.
The provisions of this fraternization policy are not applicable to individuals employed by the City on or before the date of adoption of this policy in their current state of marriage or non-marriage.
As such, a change in marital status/cohabitation, etc. of any current employee, will result in the applicability of this policy. Furthermore, those employees are subject to any and all employmentrelated actions by the City, that are permissible pursuant to existing City policies and procedures to address conduct that is negatively impacting the work environment.
C. Nepotism
Relatives of employees shall not be employed in the same department of such a relative at any time by the City as further proscribed below.
As of the effective date of this Policy, City employees who are related as defined herein shall not be affected in their current job status except when the Personnel Officer or their designee determines that the circumstance of that employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security and/or morale of the particular work unit.
It is found by the City that a business purpose exists and dictates that a prohibition on employment of relatives within City departments is essential to safety and efficiency when such employment result in any of the following:
1. A supervisor-subordinate relationship;
2. The employees having job duties, which authorize performance of shared duties on the same or related work assignment;
3. Both employees being under the jurisdiction of the same immediate supervisor; or
4. An adverse impact on supervision, safety, security and/or morale.
D. Employment of Relatives of Elected or Appointed Officials To avoid conflicts of interests, members of the immediate family of elected or appointed officials shall not be appointed to fulltime or part-time City employment during the time the elected or appointed officials are in office. If an immediate family member of a newly elected City council member is an existing City employee, the Personnel Officer will ensure that there is no conflict of interest for the duration of the council member’s term of office.
E. Effect of Post-Employment Marriage or Creation of Other “Relative” Status of City Employees In determining rules and regulations governing the employment of City employees who become related, as defined herein, after commencement of City employ, the City is guided by the principles enunciated in the California Fair Employment and Housing Act (FEHA) which prohibits
discrimination on the grounds of marital status. However, FEHA and its Regulations defining the same do authorize restrictions being placed upon married City employees (or upon people deemed related as a result of marriage [i.e., in-laws]) where for business reasons of supervision, safety, security or morale, the employer may refuse to place one spouse or other relative under the direct supervision of another spouse or other relative and refuse to place both spouses or other relatives in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples or other relatives than for other persons. (Cal. Code Reg., tit. 2, Section 7292.5; Government Code Section 12940(a)(3)).
Recognizing the principles stated above, the City determines that "marital status" is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for purpose of this policy. Further, a "spouse" is defined as a partner in marriage.
The City retains the right to refuse to place one spouse or other relative under the direct supervision of the other spouse where there is a potential for creating adverse impact on supervision, safety, security or morale.
The City retains the right to refuse to place both spouses or other relatives in the same department where doing so has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.
In order to implement such policies, and where the above circumstances exist and mandate that two spouses or other relatives shall not work in a prohibited relationship, the City will attempt to do any of the following: Attempt to redefine the job responsibilities of the related employees within the Department to minimize the conflict, if the redefinition of job status is not feasible, will attempt to transfer one spouse or other relative to a similar classified position in another City department.
Although the wishes of the involved parties as to which spouse or other relative is to be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, the transfer shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal.
In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which a spouse or other relative can be transferred, the City may request the voluntary resignation of one of the employees and if one of the employees does not voluntarily resign, the employee with the least employment experience/service with the City may be discharged by the Personnel Officer. Married or other related employees may continue to be employed within the same City department subject to approval by the Department Director and the Personnel Officer or their designee. However, any such continuing employment is predicated upon both spouses, or other similarly situated relative as defined in this Policy not reporting to the same immediate supervisor, not being supervised by each other, not working the same shift at the same work site; or, otherwise becoming involved at a work environment having the potential for adverse impact on supervision, safety, security or morale.
It is the duty of all involved employees that are in a situation prohibited under this policy to immediately notify their supervisor either in person or through the chain of command that a situation exists wherein the involved employee may be in violation of this policy. The City reserves the right to reasonably investigate the situation and determine whether or not the employee has violated this policy.
F. Responsibility Assignments
Department Directors/Division Managers/Supervisors are responsible to ensure that appropriate hiring practices are upheld in their respective Department/Division.
Department Directors/Division Managers/Supervisors are responsible to inform the appropriate management services Staff member of any potential breach of this Policy.
The Human Resources/Administrative Services Director is responsible for coordinating the resolution of any concerns of nepotism/fraternization.
The City Manager is responsible for implementing the policy and adjudication of instances of potential breach of this policy.
Section 8.12: Vehicle Usage Policy
This policy establishes procedures regarding the effective and economical use of City owned and privately owned vehicles operated during the course of City business. Use of City owned vehicles shall be relied upon as the primary means of vehicle usage, as it provides the greatest control over operating costs, usage, maintenance, inspection, and insurance.
The policy provisions apply to all vehicle operators driving in the course of City business. This policy does not apply to commercial motor vehicles.
A. Assignment Of Responsibility
1. Department Directors shall keep a list of all employees who may be required to drive City owned or privately owned vehicles on City business. Department Directors shall be responsible for overseeing the implementation of driver training programs and ensuring that all vehicle operators attend required training. In addition, Department Directors shall work with delegated Human Resources Staff to maintain a current list of employees for each department.
2. Risk Management shall coordinate all required training and maintain related records. Additionally, delegated Human Resources Staff shall ensure that evidence of insurance and driver's license information are maintained in each employee's file. delegated Human Resources Staff shall also receive and record Department of Motor Vehicles Pull Notice reports and notify Department Directors when necessary.
3. Risk Management shall review all accidents to determine whether an accident was preventable or non-preventable, and to make any necessary disciplinary recommendations.
4. The City uses the Department of Motor Vehicles (DMV) Employee Pull Notice (EPN) program to receive prompt and consistent updates to the driving record for each vehicle operator. HR shall receive and record DMV pull notice reports and notify supervisors when necessary.
5. Supervisors shall routinely monitor the driving of each employee during the course of performing the employee's job-related driving responsibilities. In addition, supervisors shall include the review of driving records as part of the employee's periodic evaluation. Supervisors shall also perform necessary accident reporting requirements as stated in Section I of this Vehicle Usage Policy.
6. The Department Director is responsible for the general operation of the City's automobiles assigned to their department, including receiving notification from any employee who reports unsafe conditions or defects in any City owned vehicle. Upon receiving such notification, the Department Director shall determine whether or not the vehicle is unsafe for continued operation.
7. All City employees shall promptly provide insurance and driver license information when notified that their job duties include driving either an City owned vehicle or privately owned vehicle.
Employees are to comply with all training and other reporting requirements of this policy.
8. An employee whose assigned duties are subject to night and weekend emergencies may use a City vehicle, with prior approval of the Personnel Officer. The employee shall insure that the City vehicle is locked and secure while in the employee's possession, and that the employee has a current, valid license to operate subject vehicle. An employee who uses City vehicles or property for private purposes without prior authorization from the Personnel Officer shall be subject to disciplinary action.
B. Definitions
1. Preventable Accident: The vehicle operator failed to do everything reasonably possible to prevent the accident.
2. Non-Preventable Accident: The vehicle operator did everything reasonably possible to prevent the accident.
3. City Owned Vehicle: Any vehicle owned by the City, and assigned on a shared, designated, or permanent basis.
4. Privately Owned Vehicle: Any personally owned vehicle used by an employee, whether owned by the employee or not.
5. Vehicle Operator: An employee who is either operating a City owned vehicle or is operating a personally owned vehicle on City business.
6. City business: Activities that require the use of a vehicle and are authorized by the employee's supervisor. In the use of personal vehicles, City business also means that the operator is being reimbursed for mileage expenses according to Internal Revenue Service guidelines.
C. Use of City Owned Vehicles
1. City owned vehicles fall into the following three categories, and have restrictions based upon type and use:
a. Vehicles that are kept overnight at City facilities and are assigned for use on a shared or designated basis during the course of daily City business. Personal use is expressly prohibited.
b. Vehicles that are assigned to managers on a permanent basis and used for daily commuting to and from the City. According to the Internal Revenue Service, commuting to and from work and any other incidental personal usage is not considered official use, and shall be reported as taxable income.
c. Vehicles that are designed for emergency or on-call use and authorized for use to and from work in order to respond on a 24-hour basis. Employees authorized to operate emergency or on-call vehicles may make reasonable, but limited stops before and after assigned work shifts while traveling to and from work.
2. Only City employees are authorized to operate City owned vehicles.
3. City owned vehicles are for transporting only those employees whose duties require the use of a motor vehicle, and such other persons whose business activities are important to City interests.
4. Under no circumstances shall family members or friends be transported in City owned pool vehicles, including those that are authorized for use commuting to and from the City or designated for emergency or on-call use.
5. Employees who have a City owned vehicle permanently assigned to them and/or City owned vehicles assigned for use within their department are responsible for ensuring that only those persons with a valid driver's license and on official City business are allowed the use of the City owned vehicle.
D. Use of Privately Owned Vehicles
There are times in which the use of an employee's personal vehicle is preferable because either a City owned vehicle is not available or because the use of a privately owned vehicle is deemed more efficient.
When such is the case, the following shall be adhered:
1. An employee may use their privately owned vehicle when they have a transportation need for City business and upon prior authorization by their supervisor.
2. Employees who regularly use their own privately owned vehicles on City business must notify their insurance company of such use.
3. It is the responsibility of the individual utilizing their privately owned vehicle to maintain accurate records of the purpose and extent of their travel, and to make substantiated claims for reimbursement per the City's reimbursement policy. The vehicle and/or mileage allowance is intended to cover the employee's cost of operating the vehicle on City business, including the cost of insurance. Further, all operating expenses of the privately owned vehicles are to be borne by the employee. This includes, but is not limited to, gasoline, oil, maintenance, wear and tear, depreciation and insurance.
4. The City is not liable for any damage to an employee's privately owned vehicle, unless caused by the City's negligence (employee's negligence excepted). It is the responsibility of the employee operating the vehicle to notify their immediate supervisor, the Department of Motor Vehicles, and the employee's insurance company in the case of any accident.
5. If an employee is responsible for an accident either while driving a City owned or personally owned vehicle, their own automobile insurance premiums may be increased.
E. Driver Training
Those employees who drive City owned vehicles are required to complete a defensive driver training course. Consideration should also be given to other employees who are regularly using privately owned vehicles as part of their essential job functions.
1. New employees shall complete a defensive driver training at the first available course date after the commencement of employment. Instruction shall also be provided to make certain that such employees are familiar with this policy.
2. Current employees who change assignments to include driving a City owned vehicle are similarly required to complete the provisions as stated in this section.
3. All employees who are required to participate in defensive driver training shall be required to repeat such training at least once every three years.
F. General Guidelines
1. Employees shall obey all Federal, State and local laws while operating either owned or privately owned vehicles on official City business.
2. It is the responsibility of the employee operating either a City or a privately owned vehicle to ensure that all persons in the vehicle use seat belts and have them properly adjusted before starting the engine of the vehicle.
3. When cargo, materials or tools are being transported, the vehicle operator is responsible for assuring that all items are properly secured.
4. No person shall be allowed to ride on running boards, fenders, hoods. or other locations on a vehicle not designed or approved by the manufacturer for passenger seating. An exception to this shall be areas designed and equipped for passengers outside the cab area for ceremonial events such as parades where the roads are closed and speed is under 5 miles per hour.
5. Any injuries sustained by the vehicle operator or other employees while a vehicle on City business shall be covered by workers' compensation.
6. When the vehicle operator is determined to be involved in a preventable accident the Supervisor shall recommend disciplinary action subject to re approval by the Department Director.
7. Alcoholic beverages and drugs shall not be transported or placed in owned pool or privately owned vehicle while on City business.
8. Any employee who operates a City owned vehicle, is responsible for the proper care and operation of that vehicle.
9. Employee shall periodically check to make certain that all vehicle equipment including headlights, turn signals, brake lights and washers are functioning properly, as set by department policy.
10. Any vehicle damage beyond normal wear and tear or that is affecting the safe operation of the vehicle must be documented and reported to the employee's supervisor.
11. No employee shall operate a City owned vehicle found to be dire condition.
G. Refrain From Use of Electronic Devices While Driving Employees shall refrain from operating cellular telephones, laptop computers, navigational devices and any other device that may cause vehicle operator distraction while operating a City owned or privately owned vehicle in the course of conducting City business. Employees shall make every attempt to properly park their vehicle or use a hands-free device when using such equipment.
Employees who are charged with traffic violations resulting from the use of a cellular phone while driving on duty may be subject to disciplinary action and personal liability resulting from such traffic violations and are responsible for paying the cost of the citation.
H. Rental Vehicles
When it is necessary for a City employee to use a rental vehicle for City business, the employee shall utilize a City approved rental agency. Optional loss damage coverage should be purchased from the rental agency at the time the vehicle is rented, unless the credit card company used to pay for the rental vehicle provides coverage.
I. Accident Reporting Requirements
Any accident involving a City owned vehicle, rented or leased vehicle or privately owned vehicle used in the performance of City duties shall be reported as follows:
1. The vehicle operator shall summon medical care for any injured parties.
2. The vehicle operator shall notify appropriate law enforcement agencies.
3. The vehicle operator shall collect information about the other parties involved.
4. The vehicle operator shall notify their supervisor. The supervisor shall be responsible for initiating the departmental investigation of the accident and completing all required City reports. In the event
of serious bodily injury, an Incident Report form shall be completed by the supervisor and submitted to the California JPIA.
5. The supervisor shall notify delegated Human Resources Staff. The accident must be reported to the DMV if more than $1,000 in damage was done to the property of any person or the City, or anyone was injured (no matter how slightly) or killed. The report must be filed, whether the vehicle operator caused the accident or not and even if the accident occurred on private property. The report must be made on the California Traffic Accident Report, form SR 1, and must be made within ten days of the accident. If the report is not filed with the DMV, the vehicle operator's driving privilege will be suspended. The police or California Highway Patrol will not file this report.
J. Insurance
1. Proof of insurance is required before any privately owned vehicle can be authorized for City business and shall be provided to delegated Human Resources Staff annually thereafter, no later than January 31 of each year.
a. Employees who receive a monthly vehicle allowance shall maintain coverage in an amount not less than $100,000 per person/ $300,000 per occurrence (or a combined single limit of $300,000) and property damage coverage in an amount not less than $100,000 per occurrence.
b. Employees that do not receive a monthly vehicle allowance and are authorized to use privately owned vehicles on City business shall maintain minimum coverage in an amount not less than $50,000 per person/$100,000 per occurrence (or a combined single limit of $100,000) and property damage coverage in an amount not less than $50,000 per occurrence.
2. California Insurance Code §11580.9 states that where two or more policies affording valid and collectible liability insurance apply to the same motor vehicle in an occurrence out of which a liability loss shall arise, it shall be conclusively presumed that the insurance afforded by that policy in which the motor vehicle is described or rated as an owned vehicle is primary and the insurance afforded by any other policy shall be excess.
3. The City shall not be responsible for any increase in the employee's automobile insurance premium as a result of an accident.
4. In the event of an accident, the employee is responsible for paying any deductibles the insurance company may require.
5. If insurance coverage is canceled, terminated, lapsed, or for any other reason curtailed, the immediate supervisor must be notified by the employee and the vehicle shall not be used for City service.
6. When an employee operating a City owned vehicle is involved in an accident, defense and settlement of any claim shall be the responsibility of the California JPIA, to the maximum protection limit (the California JPIA Memorandum of Coverage provides automobile liability coverage to all member entities, their city councils, commissions, committees, and employees). If an employee operating a City owned vehicle is sued independently as a result of an at-fault accident, the California JPIA may provide coverage to that employee if the accident qualifies as a covered occurrence.
7. Should an employee using their privately owned vehicle on City business be involved in an accident with resulting injury or property damage, the employee's own insurance carrier shall respond to defend the employee. Should a claim exceed the limits of the employee's liability insurance coverage, the California JPIA liability protection program will respond in an excess capacity if the accident qualifies as a covered occurrence.
K. Driver's License
1. All City employees authorized to use City owned or privately owned vehicles on City business must possess a valid California driver's license and provide proof of licensing upon hire.
2. All City employees must maintain a driver's license appropriate for the class of vehicle to be driven.
3. An employee whose driver's license is suspended or revoked for any reason must notify their supervisor no later than the first workday following suspension or revocation of their driver's license. Such employee shall not be allowed to operate any City owned or privately owned vehicles on City business.
4. Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of official City duties.
L. Review Of Driving Record
1. The City shall enroll employees that operate City owned or privately owned vehicles on City business in the Department of Motor Vehicles (DMV) Pull Notice Program. When a vehicle operator has received a violation, the DMV assigns points according to the type of violation, and automatically sends notification to the City.
2. In compliance with Vehicle Code Section 1808.47, all information received from the DMV shall be used solely for the intended purpose and kept in locked storage. Under no circumstances shall addresses or other information be given to a third-party employee who have an accumulation of four or more points in a 12 month period or six in a 24 month period or eight in a 36 month period may have City driving privileges suspended at the discretion of the Department Director. The Human Resource staff shall notify the Department Director when a driving record meets this threshold.
3. Any employee involved in a preventable collision or demonstrating questionable driving capabilities shall be required to attend remedial training in defensive driving. An employee may be regarded as having questionable capabilities based on a review of points assigned to their by the DMV in connection with citations and/or vehicular accidents.
4. Employees involved in additional preventable accidents or have a disqualifying action taken against their driver's license shall be subject to disciplinary action, the severity of which will be determined by the nature of the offense and the employee's past driving and disciplinary action records.
5. An employee who has been determined to be involved in two or more preventable accidents within a 36-month period while operating a City owned or privately owned vehicle in the performance of official City business shall be subject to disciplinary action up to and including suspension of City driving privileges.
6. Any conviction resulting from driving while under the influence of drugs or alcohol (DUI) or refusal to submit to a lawful roadside sobriety test shall result in disciplinary action up to and including suspension of City driving privileges.
7. Intentional abuse, moving violations, reckless operation, or negligent actions while operating any vehicle may result in the suspension of the employee's driving privileges, and is grounds for further disciplinary action.
8. Temporary or permanent suspension of City driving privileges for employees whose position requires operation of a vehicle shall be considered a loss of the ability to perform an essential job function.
9. If an employee has City driving privileges suspended, the City shall attempt to arrange for the employee to perform the essential functions of the job. If such accommodation is not possible or creates an unreasonable hardship for the City or coworkers, loss of City driving privileges shall be considered just cause for reassignment to a position that does not require operation of a vehicle at a pay rate commensurate with that position. If no such position is open, the employee may be terminated.
CHAPTER 9: PERFORMANCE EVALUTIONS
Section 9.1: Goals of Performance Evaluations
Performance evaluations are conducted to communicate organizational goals and objectives; establish individual employee performance objectives; document employees’ performance in relation to the objectives set; counsel the employee on how to improve performance and improve interaction and understanding between the evaluator and the employee.
Section 9.2: Merit Increases
Each regular full-time employee shall be eligible for consideration of a merit-based salary step increase, of no less than five percent (5%), on a continuous basis until reaching the top of the salary range for their position. Merit increases shall be awarded if the employee has an overall performance rating of “meets standards” or above.
For employees hired before July 1, 2017, merit increases shall be effective on January 1st of each year.
For employees hired on or after July 1, 2017, the first merit increase shall be effective upon the successful completion of their six (6) month probationary period and then annually thereafter on their respective anniversary date. The anniversary date is not a fixed date nor is it the same as the employee’s date of hire with the City. The anniversary date is determined by the date the employee completes the required probationary period for their current position.
In addition, performance improvement documentation may be given at any other time the supervisor deems appropriate.
Section 9.3: Performance Evaluation System
The City shall have in place a formal and consistent performance evaluation system and shall train both the supervisors and the employees in their use of the system in current use. The system may, from time to time, with notice, be changed.
Section 9.4: Supervisor Evaluation
The evaluation form is the official record of the employee’s performance evaluation and is the primary basis for salary adjustments and changes in job position. The supervisor may consider information from evaluation form(s) from other evaluators, self-evaluation or supervisee evaluation as may be required by procedures in current use, when completing the supervisor’s evaluation form.
Section 9.5: Discussing the Performance Evaluation
The supervisor shall meet with the employee to discuss the evaluation. If necessary, the supervisor may discuss the evaluation with the department head or the Personnel Officer prior to the interview with the employee.
Section 9.6: Signatures
When the performance evaluation interview is completed, both the employee and the supervisor shall sign the original form indicating that it has been discussed. Signing of the form indicates only that the performance interview was held. The employee may complete the comment section of the evaluation form at this time or may request a copy of the form in order to prepare a written response.
Section 9.7: Written Response by Employees
An employee who wishes to provide written comments on the evaluation must return written comments to the evaluator no later than five (5) workdays after the meeting to discuss the performance evaluation.
Section 9.8: Final Approval
After the response period (5 working days) has passed or the employee has provided written comments, whichever is sooner, the evaluator shall submit the evaluation to the department head for review and signature prior to submittal to the Personnel Officer for final approval of the recommended rating and related compensation adjustment. Both the evaluation form and a change form, noting changes in status and terms of employment, if any, and signed by the supervisor, shall be submitted for the Personnel Officer’s signature.
Section 9.9: Completion of Performance Evaluation Process The completed and fully signed forms shall be submitted to the Personnel Officer for processing and adjustment of compensation in accordance with Chapter 4 herein. The completed evaluation forms and applicable attachments shall be placed in the employee’s personnel file.
CHAPTER 10: DISCIPLINARY AND GRIEVANCE
PROCEDURES
Section 10.1: Disciplinary Procedures
Employees are expected to meet certain standards of job performance, interpersonal skills and conduct. The City may discipline an employee whose conduct or performance fails to meet reasonable City standards, i.e., for cause. Discipline may be imposed for a single incident or for a pattern of conduct. Discipline is intended to focus the attention of the employee on the performance problem and to encourage identified
change. If the expected change does not occur in the required time, the City may terminate the employment of the employee.
Section 10.2: Grounds for Disciplinary Action
The department head may discharge, suspend, demote or otherwise discipline any employee for cause at any time, consistent with the Disciplinary and Grievance Procedures in this handbook. Discipline for atwill employees is covered in the separate At-Will Employee handbook.
A. Causes For Disciplinary Action
Include, but are not limited to, the following:
1. Violation of federal, state or local law, or ordinance affecting the City;
2. Violation of City personnel policies and/or regulations;
3. Possession, distribution, sale, use, or being under the influence of alcoholic beverages or illegal drugs or controlled substances (other than prescription drugs for personal use) while on City property, while on duty, or while operating a vehicle on City business;
4. Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment;
5. Inefficiency, incompetence, carelessness, or negligence in the performance of duties;
6. Neglect of duty;
7. Negligent or willful damage to public property or waste of public supplies or equipment;
8. Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies: loss or misuse of City equipment may require the employee to bear the cost of replacing or recovering equipment or supplies;
9. Absence without leave or without authorization from supervisor;
10. Claim of leave under false pretense, or misuse of leave;
11. Furnishing false information to secure appointment;
12. Theft or misappropriation of City funds or property;
13. Acceptance by an employee of any bribe, gratuity, kickback, favor, or other items of value including meals and travel when it appears the favor or gratuity is given in the hope or expectation of receiving preferential treatment;
14. Unreasonable failure to undergo a medical examination authorized by these regulations;
15. Excessive absenteeism or tardiness;
16. Falsification of payroll time sheets;
17. Unlawful harassment, failure to report incidents or observations of harassment, or other unlawful activities;
18. Failure to cooperate with the investigation of harassment or other unlawful activities, such as discrimination;
19. Actual or threatened physical violence, threatening, intimidating, coercing any member of the City community;
20. Vulgar or abusive language;
21. Possession or use of dangerous or unauthorized materials, such as explosives, firearms, or other similar items, while on City property, while on duty, or while operating a City vehicle;
22. Sleeping, or giving the appearance of sleeping, while on duty;
23. Failure to obtain or maintain a certificate or license required for current position;
24. Failure to comply with accepted safety practices;
25. Job abandonment (3 days of no call/no show);
26. Insubordination;
27. Failure to exercise good judgment;
28. To be courteous and cooperative in relations with other City employees and with the public;
29. To conduct themselves, both on and off the job, in a manner that reflects credit to the department and to City service;
30. Or for other just cause.
Section 10.3: Types of Discipline
The City does its best to follow the progressive discipline steps which may include counseling, oral reprimand, written reprimand, reduction in pay or employment benefits such as training, promotion, etc., suspension without pay, demotion and termination of employment. Discipline may include any one or any combination of actions, and the actions may not necessarily be applied in any defined order. The purpose of discipline is to be corrective, not punitive, in nature; therefore, the City shall use progressive discipline, except in the case of an egregious act.
Section 10.4: Appeal Rights
An employee may appeal disciplinary actions (excluding counseling, oral reprimands, and written reprimands).
For disciplinary actions that are excluded from the appeal process in this article, the employee may elect to submit a signed and dated written rebuttal to the action which shall be included in the employee’s personnel file.
Section 10.5: Informal Discipline/Counseling
An employee who receives counseling or an oral or written reprimand does not have the right to respond or to appeal the discipline in the manner described in the sections found under this section.
A. Counseling
A supervisor may counsel an employee concerning a minor performance problem. The supervisor may make a note of the discussion in writing, describing the date of the meeting, the subject, and the employee's response, if any, and place the note in an employee file kept by the supervisor.
B. Performance Improvement Plan (PIP)
This is a plan of action discussed with the employee that provides specific expectations to meet the requirements of performing the employee’s job properly within quality and time-based standards. A PIP may last for a month or up to three months. Regular discussions between the employer and the employee will take place during this time to ensure that improvements are being made.
If the supervisor believes that not enough improvements have been made, they may take the next discipline step of providing a reprimand to the employee.
C. Reprimand
A supervisor may issue an oral or written reprimand. The written reprimand, or a memorandum for an oral reprimand, shall state specific details concerning the subject of the reprimand, describe the plan for improvement and the employee’s response, if any, and show the date of the reprimand. The employee shall sign and receive a copy of the written reprimand or memorandum of oral reprimand,
and the original shall be filed in the employee’s personnel file. Please see Section 10.7 of this Handbook for more information regarding reprimands.
Section 10.6: Formal Discipline
No employee shall be subject to disciplinary action in the form of reduction in pay or benefits, suspension without pay, demotion and termination unless, as set forth specifically in this chapter, the employee has received (1) written notice of the proposed action, the date action will be taken, and the reasons for the action; (2) a written copy of the charges and either a copy or access to the materials on which the action is based; (3) the right to respond to the charges; and (4) a written decision after the response has been made or the response time has run, unless exigent circumstances warrant immediate measures.
A. Initiation of Formal Discipline
The employee’s supervisor shall make the initial determination that formal disciplinary action is necessary and shall work with delegated Human Resources Staff to determine what form of discipline is appropriate. The City must follow the formal discipline steps outlined in the MOU with the City and Union for any employee represented by a union.
Section 10.7: Reprimand
A reprimand is normally considered the first discipline step. It may follow counseling and coaching for improvement, however, if the employee’s supervisor believes that the employee’s behavior immediately requires a reprimand without prior non-disciplinary steps, the supervisor should consult with the City’s delegated Human Resources Staff to determine what steps to follow. If it is believed by all concerned that a reprimand is appropriate, employees represented by a union will be given the opportunity to have a union representative included in the investigation meeting.
Following an investigation into alleged violation of workplace expectations, as outlined in Section 2.4 of this Handbook, a supervisor may issue a written reprimand. The dated written reprimand shall state specific details concerning the subject of the reprimand, describe the plan for improvement and the employee's response, if any. The employee shall sign and receive a copy of the written reprimand and the original shall be filed in the employee’s personnel file.
Section 10.8: Notice of Proposed Action (Skelly Notice) No employee shall be subject to disciplinary action in the form of reduction in pay or employment benefits, suspension without pay, demotion and termination unless, as set forth specifically in this chapter, until the employee has received (1) written notice of the proposed action, the date action will be taken, and the reasons for the action; (2) a written copy of the charges and either a copy or access to the materials on which the action is based; (3) the right to respond to the charges; and (4) a written decision after the response has been made or the response time has run, unless exigent circumstances warrant immediate measures.
The written notice stating what action is proposed, the date when the proposed action is to be taken, and a specific description of the charges and the particular facts and grounds for the action are prepared by the City’s delegated Human Resources Staff. The material on which the notice is based, and which is relied on to support the proposed action shall be assembled and made available to the employee for review. The notice shall inform the employee when and where the employee may review the materials and of the right to receive a copy of such materials. Material that is not available for the employee to review shall not be
used to support the discipline. The notice shall inform the employee that they have five (5) working days to respond.
If the employee has been placed on paid administrative leave pending an investigation, delegated Human Resources Staff will ensure the Notice is sent to the employee’s personal email address as well as their last known address by regular and certified US Postal Services. If the employee is still present in the workplace, Department head shall give their employee the Notice.
B. Employee Response
The employee is entitled to five (5) working days from the date of the notice of proposed action to respond to the charges. The response must be written and shall be made to the City’s delegated Human Resources Staff. If the employee requests a meeting within the 5-day response period, the City’s delegated Human Resources Staff will arrange for and attend such a meeting to hear the employee's response no later than ten working days after the date of the Notice of Proposed Action. The meeting will be chaired by the Personnel Officer. The department head may also attend. The meeting shall be closed to all other persons, except that a personal representative (either an attorney or representative of the bargaining unit) of the employee’s choice may accompany the employee. Failure to respond or request a meeting to respond within the 5-day response period shall constitute a waiver by the employee of further rights to object to the proposed action.
C. Status of Employee After Notice of Proposed Action
The employment status of an employee against whom disciplinary action is proposed shall not change until a decision is given pursuant to the City’s Final Decision, except that the employee may be placed on paid administrative leave at the option of the department head.
D. Decision
After considering the Notice of Proposed Action, the charges and materials on which the proposed action is based and the response, if any, of the employee, the Personnel Officer shall determine the disciplinary action to be taken, if any.
E. Notice of Decision
Delegated Human Resources Staff shall notify the employee in writing of the disciplinary action to be taken within ten (10) working days after the date of a meeting for the employee's response, if a meeting was requested within the 5 workday response period, or (2) the expiration of the 5 workday period for the employee's response if a meeting was not requested. This notice shall be served via the employee’s personal email address as well as their last known address by regular and certified US Postal Services.
Alternatively, the department head may require the employee to return to the work site for personal service of the notice.
The notice of decision shall set forth the following:
1. No disciplinary action will be taken, or
2. Disciplinary action will be taken, and
a. The type of disciplinary action;
b. The date discipline will begin and the duration of the discipline; c. The reasons for the discipline, setting forth specific facts, which are the basis for the decision.
3. A statement of the employee's right to appeal the decision, setting forth the time limit.
Delegated Human Resources Staff will ensure the Notice is placed on the employee’s personnel file.
Delegated Human Resources Staff are responsible for implementing any discipline actions required as determined by the Personnel Officer.
F. Appeal of Disciplinary Action
If the Personnel Officer determines that discipline shall be imposed and that the discipline will be suspension without pay, loss of pay, demotion or termination of employment, the employee may appeal the decision to the City Council. The employee must deliver a written notice of appeal no later than ten working days after the date of the notice of decision. The notice of appeal shall be emailed, personally served on the City Clerk at City Hall, or sent by certified mail or courier service deposited within the ten-day notice period. The notice of appeal shall state the grounds for the appeal, with specific facts supporting the grounds for appeal.
G. Status During Appeal
The specified discipline may be imposed after the Notice of Decision has been served on the employee.
Filing a notice of appeal shall not stay the imposition of discipline. If the discipline is modified or reversed on appeal, the employee shall be entitled to reinstatement and/or back pay if appropriate.
H. Appeal Hearing
If the employee files a notice of appeal, an evidentiary hearing before the City Council shall be held within sixty (60) calendar days after receipt of the notice of appeal, if possible. The hearing shall be confidential.
I. Written Record
A written record of the hearing shall be made and shall be retained by delegated Human Resources Staff for a period of two years after a determination on the appeal has been made.
J. Appearances
The employee is required to appear at the hearing. Any person that the employee designates from the bargaining unit or an attorney may represent the employee at the hearing. Unless otherwise mutually agreed upon by the employee and the City’s representative, any and all witnesses other than the department head to be called by either the employee or City shall be excluded from the hearing room unless actually testifying.
K. Hearing Procedure
The hearing shall proceed generally in the following order:
1. The City’s representative and the employee may make preliminary opening statements;
2. The City’s representative shall present oral or documentary evidence, or both, in support of the City’s position; the employee may cross-examine any witness called by the City;
3. The employee may present evidence in the employee’s own behalf; the City’s representative may cross-examine witnesses called by the employee; and
4. The City’s representative and the employee may make closing statements.
L. Evidence
Evidence may be presented as follows:
1. Both the City and the employee may call witnesses and present rebuttal evidence as they deem necessary and appropriate;
2. The City Council shall rule on any objections made to the admissibility of evidence or otherwise relating to the conduct of the hearing. These rulings shall be final. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely 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. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
3. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded; and
4. Oral evidence shall be taken only on oath or affirmation.
M. Decision on Appeal
At the conclusion of the hearing, and in no case later than ten (10) working days after the hearing, the City Council shall cause findings and recommendations to be prepared in writing. The City Council shall, at a minimum, find whether the City has shown by a preponderance of the evidence that the charges in support of the disciplinary action have been substantiated. Such a finding shall be made as to each charge. If the City Council finds that the evidence presented supports none of the charges, the recommendation shall be that no disciplinary action be taken.
If the City Council finds that any or all of the charges are supported, the City Council shall:
1. Recommend that the proposed disciplinary action be carried out; or
2. Recommend that disciplinary action be modified as deemed appropriate under the circumstances; or
3. Recommend that no disciplinary action be taken.
The City Council shall impose the disciplinary action, which it determines to be appropriate to the circumstances and in the best interests of the City. This decision shall be made in writing.
City Council's decision and a copy of the findings and recommendations shall be filed as a permanent record with delegated Human Resources Staff. The City Council shall deliver a copy of the decision and of such findings and recommendations to the affected employee. The decision of the City Council is final.
N. Implementation of Decision
Delegated Human Resources Staff are responsible for implementing any findings resulting from the City Council hearing.
Section 10.9: Grievance Rights and Procedures
The grievance procedure is not a replacement for daily communication between an employee and their supervisor, nor is it inherently an adversarial process. Rather, it is a process to mutually resolve workplace issues to the maximum extent possible within the organization.
A. Definitions
A “grievance” is defined as a dispute concerning the interpretation or application of this written MOU or rules, regulations, laws and codes governing personnel practices or working conditions applicable to employees covered by this MOU.
A “day” is defined as a regular business or work day, excluding recognized holidays.
B. Grievance Process Rights
The parties agree the following shall not be subject to the grievance procedure:
1. An impasse in the meet and confer process
2. Rejection during initial probation
3. Disciplinary Actions
4. Performance Evaluations with overall rating of “Meets Standards” or above No grievant shall lose their right to process a grievance because of City imposed limitations in scheduling meetings. Time limits between steps in the grievance procedure provided herein may be extended by mutual agreement. In addition, the grievant and the City may jointly waive any step of review from the grievance procedure.
No retribution or prejudice shall be suffered by an employee for making use of the grievance procedure.
An employee shall be permitted a reasonable amount of paid release time to prepare and present their grievance at each step.
C. Informal Discussion with Supervisor
The employee shall inform their immediate supervisor of the grievance and relevant facts within thirty (30) days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The supervisor shall informally meet with the grievant within two (2) regular work shifts following such notification to discuss the issue. The supervisor shall provide a written decision to the employee within five (5) days following the discussion.
D. Step One – Formal Grievance
If the grievance is not resolved informally with the supervisor, the employee shall put the grievance in writing and submit copies to their department head no later than five (5) days following the receipt of the informal decision. The written grievance should include a citation of the sections of the MOU, rules, regulations, laws and/or codes alleged to have been violated and the remedy sought by the employee.
The department head shall review the grievance and render a written decision to the employee within five (5) days from receipt of the formal grievance.
E. Appeal to Personnel Officer
If the grievance is not resolved at the department head level in Step One, the employee may appeal the decision to the Personnel Officer no later than ten (10) days following receipt of the written decision from the department head. The Personnel Officer shall review the grievance and render a written decision to the employee within ten (10) days from receipt of the appeal.
The decision of the Personnel Officer shall be the final administrative decision.
CHAPTER 11: PAYROLL PROCEDURES
Section 11.1: Personnel Records
The payroll and employee status records shall be prepared and maintained by delegated Human Resources Staff . It is the employee's responsibility to report a change of home address to delegated Human Resources Staff within one (1) week of the change.
Section 11.2: Pay Days and Pay Periods
Employees shall be paid on a semi-monthly basis. In the event that a pay day falls on a weekend or holiday, payday will be the preceding workday. Pay periods cover the first through the fifteenth and the sixteenth through the last day of the month.
Section 11.3: Payroll Deductions
Payroll deductions from employee paychecks fall into two categories: required and voluntary. Required by federal or state law or by City policy are: garnishments, Medicare, federal and state withholding depending on W4 determination. Voluntary deductions may include additional contributions to the Public Employee’s Retirement System, Service Employees International Union (SEIU) dues, additional life insurance premiums, deferred compensation programs automatic savings plans with credit union and other required and/or voluntary deductions as may become available through City payroll.
Section 11.4: Time Report Sheets
For purposes of record keeping, employees shall submit time records in a manner and on a schedule as provided by the Finance Department. Payroll data for all employees will be compiled from time records in a form approved by the Personnel Officer. Falsification of time records is prohibited.
Section 11.5: Determining Hourly Rates of Pay
The hourly pay rate for regular salaried positions is determined by multiplying the monthly salary for the position by 12, dividing the product by 2,080 hours, and rounding to the nearest one cent. The hourly pay rate for all other positions shall be established in accordance with the Salary Resolution approved by the City Council.
Section 11.6: Final Pay
If an employee is terminated with the City, they shall be paid their final paycheck on the same day as termination. An employee who resigns shall receive the final paycheck on their last day of employment.
CHAPTER 12: WORK WEEK AND ATTENDANCE
Section 12.1: Hours of Business
Unless otherwise established and authorized by the Personnel Officer, all City offices shall be kept open from 7:30 a.m. to 5:30 p.m. Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on alternate Fridays.
With prior approval of the department head or Personnel Officer, the daily work schedule may be modified from time to time as necessary.
Section 12.2: Work Period
The work period will be forty hours per week. Employees shall work eight days for nine (9) hours a day and one day for eight (8) hours for a total of eighty (80) hours in a two-week period. The standard for accounting is eighty (80) hours in a two-week period.
The work period will begin at 11:31 a.m. on Friday and end the following Friday at 11:30 a.m. for all fulltime employees on a traditional schedule and all full-time employees scheduled to be off on Fridays in accordance with the 9/80 work schedule. By beginning and ending the work period at 11:30 on Fridays, each seven-day work period is limited to equal 40-hour blocks (Example A).
During a two-week period, the employee shall have one day off. The regularly scheduled day off will be every other Friday.
Section 12.3: Management’s’ Responsibility
Changes in an employee’s 9/80-work schedule must be coordinated through the Personnel Officer and Department Head and must coincide with the beginning of a two-week period. Additionally, to ensure appropriate staffing levels to service the citizens and customers of La Puente, Department Heads will be responsible for ensuring there is adequate coverage in their respective department at all times. Lunch breaks must also be coordinated to maintain coverage in each department.
Section 12.4: Work Week Example
The example below show a work schedule distribution under the 9/80 definition.
It should be noted that the workweek is the basic unit for determining when weekly overtime obligations begin. The workweek does not mean the work schedule or the pay period; pay periods will remain the same.
EXAMPLE A (Employee has first Friday off in the two-week work period).
Work Week 1
F
Day
off
/11:31
S S M T W Th F
11:30/
=40 hrs worked (1st wk) Hours Worked 0 0 0 9 9 9 9 4
Work Week 2
F
/11:31
S S M T W Th F
Day
off
11:30/
=40 hrs worked (2nd wk) Hours Worked 4 0 0 9 9 9 9 0
As the 40-hour work week begins at 11:31 a.m. on Friday and ends at 11:30 a.m. the following Friday, this example shows the 4 hour/4 hour split that occurs every other Friday.
Section 12.5: Attendance and Punctuality
To maintain a productive work environment, the City expects employees to be reliable and to be punctual in reporting for scheduled work. Employees are expected to be at their place of duty ready to begin work when the workday begins. Failure of an employee to be at their workstation or to report for work at the beginning of the workday or shift constitutes tardiness.
Absenteeism and tardiness result in a burden on other employees and on the City’s overall operations.
Employees who are unable to be at work on time or are unable to work as scheduled must notify their supervisors as soon as possible via telephone in advance of the tardiness or absence.
Unscheduled, unexcused absences due to injury or illness, even when following appropriate guidelines, may still be deemed excessive. Excessive tardiness and poor attendance may lead to disciplinary action up to and including termination of employment.
Section 12.6: Lunch or Meal Periods
The supervisor or department head may authorize a regular schedule for lunch or meal periods.
Section 12.7: Break Periods
Employees shall be allowed one fifteen-minute break for each four (4) hour period worked. Breaks are generally scheduled in the middle of each four (4) hour work period. However, the supervisor or department head shall have the authority to arrange break times which best meet the needs of the department and the City.
Section 12.8: Usage of Leave Time
A. Jury Duty, Military Leave & Extended Leave
Employees summoned to jury duty, or military duty or on paid extended sick leave will continue to record hours as if they are on a 9/80 schedule.
B. Paid Sick Leave/Vacation/Bereavement Hours
Employees using paid sick leave, vacation, or bereavement occurring on eight- (8) hour days will be charged eight (8) hours and those falling on nine (9) hour days will be charged nine (9) hours.
If the scheduled hours are greater than the sick leave balance, the difference will be covered by:
1. Using vacation, admin leave, floating holiday, or compensation time; or
2. Absence without pay.
Employees will not be allowed to work nine hours on their eight (8) hour day to make up the difference in sick leave balance vs. scheduled hours.
C. Medical Appointments and Personal Business
Whenever possible, medical appointments and personal business should be conducted on an employee’s regularly scheduled day off.
D. Non-Substitution of Day Off
If the employee is absent (sick leave, etc.) on a day other than their scheduled day off, the day absent cannot be substituted for the regularly scheduled day-off or eight-hour day.
Section 12.9: Holidays
A. Scheduled Holidays
The City observes the following holidays:
New Year’s Day January 1st
Martin Luther King Day 3
rd Monday in January
President’s Day 3
rd Monday in February
Cesar Chavez Day March 31st
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1
st Monday in September
Veteran’s Day November 11th
Thanksgiving Day 4
th Thursday in November
Friday after Thanksgiving Day 4
th Friday in November
Christmas Eve December 24th
Christmas Day December 25th
New Year’s Eve December 31st
B. Holidays Falling on Weekends
All holidays falling on a Saturday will be observed on the Friday immediately prior to the holiday.
All holidays falling on a Sunday will be observed on the Monday immediately following the holiday.
If the preceding Friday or succeeding Monday is also a holiday, then the holiday is observed on the next preceding or succeeding workday.
C. Holiday Pay
Regular full-time employees are entitled to receive time off with pay, at their regular hourly rate, for all regularly scheduled hours which fall on the holiday. An employee who resigns may not select a holiday as the employee’s last day of employment.
D. Floating Holidays
On January 1st of each year, regular full-time employees shall receive twenty-four (24) hours of floating holidays. Upon hire during the year, a new employee shall receive a prorated portion of the floating holiday hours (Example: An employee with a hire date of 07/01/20XX will receive 12 hours of floating holiday hours). Floating holidays may be used at any time during the calendar year, upon advance approval of the supervisor or department head. Any unused floating holiday hours remaining at the end of each calendar year shall be forfeited after December 31st of that same year.
There shall be no payment for any unused floating holiday hours remaining at the time of separation from City service.
E. Extended Closure for Holidays
At the sole discretion of the Personnel Officer, offices and facilities including City Hall, City Yard, Community Center and Senior Center may be closed between the Christmas and New Year’s holiday.
The Personnel Officer shall advise employees by no later than September 1st of each year of the City’s intent to have an extended holiday closure for that same year.
In the event of such extended closure, an employee who opts to take the time off with pay must utilize vacation, administrative, compensatory, or floating leave balances.
In the event an employee does not desire to use their accumulated time banks, they may opt to take the time off without pay or may request to continue working their regular work schedule during the extended closure. Such requests shall be subject to approval by the Personnel Officer, who retains sole discretion in the approval/denial.
F. Working on a Holiday
In addition to the holiday pay, a regular full-time employee who is required to work on a paid holiday or during an extended closure for holidays shall be paid at time and one-half (1½) for all regular hours worked and double time (2X) for all overtime hours worked.
Section 12.10: Vacation Leave
A. Vacation Leave Accrual
Regular full-time employees shall accrue vacation each month based on the following schedule:
Years of Service Annual Accrual Rate
0 to 5 years 10 days (80 hours)
6 to 10 years 15 days (120 hours)
11 or more years 20 days (160 hours)
Accrual at the next highest level shall begin on the anniversary date of the sixth (6th) and eleventh (11th) years, respectively.
B. Maximum Accrual of Vacation Leave
An employee may accumulate vacation up to three hundred and sixty (360) hours. An employee shall not continue to accrue additional vacation until the employee’s vacation balance falls below the maximum accumulation allowed.
C. Use of Vacation
An employee may use vacation upon accrual, subject to approval by the department head or supervisor.
Requests for vacation should be submitted in writing two (2) weeks prior to the requested time off.
D. Payment of Accumulated Vacation
An employee may elect to cash-out up to a maximum of eighty (80) hours of accumulated vacation hours once per fiscal year in accordance with City procedures, provided a minimum of eighty (80) hours remains accumulated after the cash-out. Payment shall be made on the next regular pay date following the employee’s request and calculated at the employee’s rate of pay at the time of the payment.
At such time an employee terminates service with the City, cash payment shall be made for all accumulated vacation hours at the employee’s rate of pay at the time of the payment.
E. Retirement Benefits Calculations
For purposes of Retirement Benefits calculations, any cash payout of accrued vacation leave will not be considered eligible base salary.
Except with the approval of the Personnel Officer, an employee may not use more than 32 hours of vacation leave during the last 20 workdays of employment with the City.
F. Use of Vacation Leave
1. Eligibility for Use of Vacation Leave
Employees shall not be eligible to use vacation leave until completion of the probationary period unless special approval is granted by the Personnel Officer. Under no circumstances shall paid vacation leave be authorized beyond the amount which has been accrued by the employee.
2. Unscheduled Use of Vacation Leave
Circumstances such as personal illness or accident, family member illness or accident, or other personal or family emergency may necessitate the use of vacation leave without prior notice or approval. In such cases, the employee shall notify the supervisor or department head as soon as the employee becomes aware that use of vacation leave is necessary.
3. Holidays Falling Within Authorized Vacation Leave
In the event one (1) or more City holidays fall within a period of authorized paid vacation leave, such holidays shall not be charged as vacation leave.
4. Periods of Non-Accrual
Vacation leave ceases to accrue once an employee reaches the maximum accrual of vacation leave and during periods of unpaid absences from the City. For purposes of this policy, unpaid is defined as receiving neither City-paid wages nor wage replacement payments from the City’s workers’ compensation insurance. Wage replacement payments from the City’s long-term disability insurance plan do not qualify as wages for the purpose of this policy.
CHAPTER 13: LEAVES OF ABSENCE
Section 13.1: Eligibility
All regular and temporary, at-will, introductory, probationary, and full-time employees are entitled to certain State, Federal, and City leave provisions. Some benefits have specific attendance and employment periods that must be met before employees utilize leave time. As appropriate, the eligibility criteria will be provided within each leave type.
Section 13.2: Leave Requests
Other than sick leave detailed later in this chapter, a leave request must be approved by the employee’s supervisor. The supervisor shall inform the Department Head of the employee’s request.
Except in circumstances which prevent advance notice, the employee should provide a minimum of thirty days (30) notice. If family and medical leave is requested, the Personnel Officer or delegated Human Resources Staff will provide the notice concerning rights and benefits required by law.
Section 13.3: General Provisions
A. A leave of absence may include both paid and unpaid days. During protected leave periods an employee will continue to receive health insurance benefits at the same level and under the same conditions that coverage would have been provided had the employee continued active employment. If the employee contributed to the group plan premium before taking leave, they must continue to pay their portion while on leave.
B. Seniority, vacation, sick leave and holiday benefits do not accrue during periods of unprotected/unpaid leave of absence.
C. Regular merit increase consideration shall be delayed for the length of time that an employee is on an unpaid leave of absence.
D. An employee granted a leave of absence exceeding thirty (30) days must provide the City with two (2) weeks’ notice prior to their anticipated return to work date.
E. An employee requiring an extension to a leave of absence must request the extension two (2) weeks before the original leave expires.
F. Depending on the type of leave, the employee shall complete the appropriate section of the time sheet and/or the appropriate Leave of Absence Request process.
G. In accordance with the Americans with Disabilities Act (ADA), the City shall make every reasonable
accommodation to provide a modified duty assignment to a disabled employee covered under the ADA who is unable to perform the essential functions of their job.
H. Failure to return to work on the next scheduled workday following the expiration of a leave of absence may result in termination of employment.
Section 13.4: Impact and Responsibilities if Not Being Paid for Eleven or More Days a Month An employee who is not on the payroll for eleven or more working days in a month shall not earn vacation, sick leave, the City’s contribution to medical insurance, or any other benefits furnished by the City during that month. Employees are responsible for ensuring their contribution to medical and other insurance plans they have enrolled in are made on a timely basis. The City will inform the employee of the amounts owed and when they are to be paid.
Section 13.5: Bereavement Leave
In the event of a death of a qualifying family member of a full-time regular employee, with at least thirty (30) days of employment with the City, up to a total of five (5) days off, four (4) paid days off, the fifth (5th) day is unpaid.
The City agrees to provide four (4) days paid bereavement leave for each incident of imminent death and/or death for qualified family members and/or a designated person. Four days of bereavement leave shall not be chargeable to or accumulated as sick time, or any other paid leave. The fifth day may be paid out of any of the employee’s accrued leave. The five days of bereavement leave may be taken intermittently and must be completed within three (3) months of the death of the qualified family member. “Qualifying family” is defined as: spouse, registered domestic partner, father, mother, child, brother, sister, grandparents, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepmother, stepfather, registered domestic partner-in-law, relative or person living with the employee, selected designated person, and any other individuals as deemed appropriate by the Personnel Officer.
Upon request, employees may be provided additional days of paid bereavement leave at the sole discretion of the Personnel Officer or their designee.
There is no limit for how many times an employee can be eligible for bereavement leave defined in AB 1949.
The City may require that the employee provide documentation of the death of the family member within 30 days of the first day of the leave. Documentation can include verification of death, memorial services, published obituary.
The City will not retaliate against any employee who exercises their right to bereavement leave.
Section 13.6: Blood Donation
An employee may, with advance approval, take paid time off of up to one (1) hour to donate blood to a local Blood Bank. This may be utilized no more than twice in a calendar year.
Section 13.7: Child’s Suspension
An employee who is the parent or guardian of a child who has been suspended from school shall be given time off if requested to appear at the school in connection with that suspension. The employee must give reasonable notice to their supervisor of the impending absence.
Section 13.8: Child/School Visits Leave
Employees who are parents or guardians of any child in K-12, or at a licensed childcare provider, are allowed up to eight (8) hours unpaid time off per month, per child, with a maximum of forty (40) hours per school year, to participate in any child's school activities. This includes finding, enrolling, or re-enrolling a child in school or with a licensed childcare provider, addressing a childcare provider, and responding to a school/childcare provider emergency including a request for a child to be picked up from school/care, behavioral/discipline problems, closure or unexpected unavailability of the school/childcare (excluding planned holidays), or a natural disaster.
For the purpose of this section, a “parent” is defined as a: parent, legal guardian, stepparent, foster parents, grandparent, or a person who stands in loco parentis to a child.
A. Employees must provide their supervisor with reasonable notice of the planned time off by completing the appropriate leave request form.
B. Employees may elect to use accrued paid time off, e.g. vacation leave, or personal time off, not sick leave, to cover the time taken for the school visit(s).
C. Upon the City’s request, employees must provide written verification from the school of parental participation specifying the date and time of the activity.
Section 13.9: Domestic Violence Leave
An employee who is the victim of domestic violence is eligible for time off to:
A. Seek medical attention for injuries caused by domestic violence.
B. Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence.
C. Obtain psychological counseling related to an experience of domestic violence.
D. Participate in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure their health, safety, or welfare, or that of their child.
E. Participate in safety planning and take other actions to increase safety from future domestic violence, including temporary or permanent relocation.
As a condition of taking time off for the above purposes, the employee shall give their supervisor or the City’s delegated Human Resources Staff reasonable advance notice of the employee's intention to take time off. If advance notice is not feasible, the employee must communicate with their supervisor as soon as possible to register their absence from work. The employee may use accrued paid vacation time, sick leave, compensatory time, or unpaid leave time for this leave.
When an unscheduled absence occurs, the employee must, within a reasonable time after the absence, provide any of the following certification:
A. A police report indicating that the employee was a victim of domestic violence.
B. A court order protecting the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee appeared in court.
C. Documentation from a medical professional, domestic violence advocate, or health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
To the extent permitted by law, the City shall maintain the confidentiality of any employee requesting this leave.
Section 13.10: Family Leave Medical Leave
The City wants to ensure that its employees have the time to heal from their own serious health condition(s) and/or help their family members heal from their serious health condition(s) or provide family care.
Therefore, the City complies with the California Family Rights Act of 1993 (CFRA), as amended, which covers employers of five (5) or more, and the federal Family Medical Leave Act of 1993 (FMLA). Since there are many requirements, qualifications, and exceptions under these laws, employees are encouraged to contact delegated Human Resources Staff to discuss options for leave as soon as a need for leave is known.
FMLA/CFRA leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave.
A. Eligibility Criteria for Leave Under CFRA/FMLA
To be eligible for this leave, an employee must meet the following criteria:
1. Worked at least 12 months for the City as of the date leave commences; and
2. Worked at least 1250 hours of service for the City during the 12 rolling month period* worked immediately preceding commencement of the leave.
*Within any 12-month period, an employee may be entitled to take up to twelve (12) weeks of protected leave.
Note: FMLA/CFRA laws only provide protected unpaid leave, i.e., employees cannot be disciplined for taking leave if they have been certified as being approved to take this leave. FMLA/CFRA is unpaid, and employees must use their own sick leave, and other accruals if they wish to remain in paid status.
If employees do not have enough accruals to remain in paid status, they may, on their own, with their health provider’s support, apply for he City’s disability insurance.
B. Leave Entitlement for Personal Care or to Care for a Family Member or Designated Person Provided they meet the eligibility criteria established by these laws, employees may have a right to a period of twelve (12) consecutive weeks, or a total of four hundred eighty (480) intermittent hours, of unpaid job-protected leave in any 12-rolling month period for certain family, designated person care or their own medical leave. An employee may be eligible for leave for:
1. Needing time away from work to care for their own serious health needs
2. To provide care for their family members including child of any age, i.e., biological child, adopted child, foster child, stepchild, legal ward, or a child for which the employee stands in loco parentis, parent, sibling, spouse, or registered domestic partner, parents-in-law. See below for information on leave for a designated person. The birth, adoption, or foster care placement of an employee’s child
3. Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement.
4. Eligible family members of both current servicemembers and certain veterans are entitled to military caregiver leave of up to 26 workweeks of FMLA leave in a single 12- month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember (military caregiver leave).
Designated person, per CFRA and the Healthy Workplaces, Healthy Families Act, is defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Delegated Human Resources Staff will assist employees in determining the leave rights to care for self, family or a designated person.
C. Certification Required
The City will require certification from the patient’s attending health care provider in a timely manner to support the request for leave to care for a family member or due to their own medical condition. The certification shall specify the commencement date of the event which prevents the employee from performing the functions of their position, the anticipated duration of the leave, and a statement indicating the reason(s) the employee is either unable to perform the functions of their position or is required to be absent in order to attend to the serious health condition of a family member.
1. In the case of fostering or adopting a child, appropriate documentation must be provided in a timely manner.
2. In the case of providing care for a covered service member, the appropriate documentation requiring the leave of a City employee must be provided as soon as possible.
D. Amount of Family and Medical Leave
Eligible employees are entitled to an FMLA/CFRA leave of absence totaling twelve (12) weeks, or four hundred eighty (480) hours of intermittent leave during any consecutive twelve (12) month period, beginning on the day the employee first takes family and medical leave. The twelve (12) month period is calculated by using a “rolling period” method that measures backward from the date an employee last used FMLA leave. Any leave qualifying for both FMLA leave and leave under California State Law (Fair Employment and Housing Act FEHA) shall be counted against the employee's entitlement under both laws.
Spouses employed by the same employer are jointly entitled to a combined total of twelve (12) workweeks of family leave for the birth and care of the newborn child for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.
E. Intermittent Leave
Under some circumstances, FMLA leave may be taken on an intermittent or reduced leave schedule. “Intermittent leave” is leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time, and may include periods of an hour or more to several weeks.
F. Use of Accrued Paid Leave While on FMLA
Where permitted by both Federal and State laws, an employee shall be required to use accrued vacation leave, sick leave, management leave, or any combination of accrued paid leave during the duration of their FMLA leave to the extent available.
G. Insurance Benefit Premiums During FMLA
An employee is eligible for the same insurance benefits and premium payment arrangement during FMLA as if the employee were not on leave, for a maximum of twelve (12) weeks. An employee on unpaid leave beyond the protected twelve (12) weeks is no longer considered on FMLA and, therefore, if the employee wishes to continue health insurance coverage they may do so at their expense, at the City’s group rates, in accordance with COBRA provisions. The employee must arrange for payment of the premium contribution, if any, prior to commencement of the leave. A lapse in insurance coverage will occur if a premium payment is more than thirty (30) days late.
H. Accrual During Unpaid Leaves
There are no paid holidays, and sick and vacation leave cease to accrue during periods of unpaid absence. For purposes of this policy, unpaid is defined as receiving neither City-paid wages nor wage replacement payments from the City’s workers’ compensation insurance. Wage replacement payments from the City’s STD and/or LTD insurance plan do not qualify as wages.
If the employee uses accrued leave for some or all of their protected FMLA/CFRA leave, this period will be considered paid leave and the employee will continue to accrue leave and/or be paid for paid holidays occurring during their paid leave.
I. Effect on Anniversary Dates
An unpaid leave of absence of thirty (30) or more cumulative days in a twelve-month period, above that which is mandated by state and federal law, constitutes a break in continuous employment. As a result, a regular employee’s Anniversary Date, vacation leave accrual date and performance evaluation date shall be extended by the amount of time equivalent to the amount of unpaid leave time taken for the length of all authorized unpaid leaves of absence exceeding thirty (30) cumulative days in a twelvemonth period. These time extensions shall be rounded to the nearest whole month. For example, unpaid leave of forty (40) cumulative days would extend an employee’s general leave accrual date and performance evaluation date one month; unpaid leave of forty-seven (47) cumulative days would extend those two (2) months.
J. Insurance Benefit Premiums During Leaves
Regular employees who are receiving compensation during an approved leave of absence, either from vacation leave accruals, sick leave accruals or workers’ compensation benefits, shall have their insurance benefit premiums paid on the same basis as if they were not on leave. Unless otherwise stated in these rules and regulations, employees who are granted an unpaid leave of absence and who wish to continue health insurance coverage may do so at their own expense at the City’s group rates, in accordance with COBRA provisions. Employees must arrange for benefit payments prior to commencement of the leave in order to avoid a lapse in insurance coverage.
K. Return Notice
An employee who is granted a leave of absence, which exceeds thirty (30) days must provide the City with two (2) weeks’ notice prior to the anticipated return to work date. Failure to return to work from any leave of absence on the next scheduled workday following the expiration of a leave of absence may result in discipline, including termination of employment; unless extended by their or their family member’s health care provider and otherwise in compliance with this policy.
L. Reduction or Restructuring of Work Force During Leaves of Absence If business conditions require a reduction or restructuring of the work force, employees on an approved leave of absence will be treated as active employees.
M. Extended Leave Due to Serious Health Condition
Any leave needed that is greater than twelve (12) weeks must be discussed and approved by the employee’s supervisor and the Personnel Officer. Employees are encouraged to communicate with the City’s delegated Human Resources Staff to ensure all documentation is correctly completed and submitted in a timely manner for these circumstances.
N. Periodic Check Ins
While on leave, the City may ask the employee to provide periodic reports of status and intent to return to work.
O. No Outside Work While on FMLA Except For Military or Public Service Requirements Employees may not perform work for self-employment or for any other employer during an approved leave of absence, except when the leave is for military or public service or when the City has approved the outside employment and the employee’s reason for FMLA leave does not preclude the outside employment.
Section 13.11: Jury Duty
Full-time regular employees shall be entitled to a maximum of fifteen (15) days of paid jury duty leave per calendar year.
When an employee is summoned to jury duty, the following must be followed:
A. It is important that the employee notify the court of the City’s policy of compensating employees for fifteen (15) days of jury duty pay.
B. Should a classified full-time regular employee be required to serve more than fifteen (15) days, the employee must submit proof from the court that the employee’s service must be extended beyond fifteen (15) days.
C. If the employee is not dismissed from jury duty at the conclusion of fifteen (15) days, the employee may be authorized to use their personal leave time, upon prior approval of the Personnel Officer.
D. An employee summoned for jury duty shall provide a copy of the summons to their supervisor on the first workday after receipt of such summons.
E. Upon return from jury duty all employees are required to submit documentation of attendance as a juror or court witness.
F. The employee shall be required to remit payments received to the City for jury duty service, excluding mileage reimbursement, which occurred during regularly scheduled working hours.
Employees will not be compensated as above when subpoenaed to appear in a matter for which they are a party to the proceedings.
A department head may request the Personnel Officer’s assistance to relieve an employee from serving as a juror if the employee’s absence from City service would pose an undue burden or hardship upon the efficient operation of the City.
Section 13.12: Kin Care
As defined by California law, Kin Care leave is time provided to employees to take time off work to care for a family member. This leave is particularly useful for employees who may not meet FMLA/CFRA criteria. The types of family members covered by the law includes a:
A. Child of any age*, i.e., biological child, adopted child, foster child, stepchild, legal ward, or a child for which the employee stands in loco parentis and grandchild.
B. Parent, i.e., biological parent, adoptive parent, foster parent, stepparent, or legal guardian.
C. Spouse, registered domestic partner, grandparent, or sibling.
Employees are entitled to take accrued sick time off from work in order to:
A. Seek diagnosis, care, or treatment for an existing health condition of an employee’s family member, and;
B. Support a family member who was the victim of domestic violence, sexual assault, and/or stalking.
The City will not retaliate against any employee taking time off for proper use of kin care leave.
As with all sick leaves, the City may request medical evidence of the illness or reason for taking Kin Care leave. The employee is responsible for providing requested documentation in a timely manner and also for providing timely notice to their supervisor of the need to take such leave.
Section 13.13: Leave of Absence Without Pay
Leave of absence without pay above that which is mandated by State and Federal Law may be granted in cases of emergency or where such absence would not be contrary to the best interests of the City. Such leave so granted is not a right but an authorized privilege. The Personnel Officer is authorized to extend leave without pay up to three (3) months. The City Council may grant up to an additional six (6) months based on extraordinary circumstances. Such authorization is solely at the discretion of the Personnel Officer and City Council. No vacation, sick leave, or any other paid benefit including, the City’s DOC program and PERS contributions, shall be accrued or used during such leave.
Section 13.14: Military Leave
An employee who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard and the Reserves for each of those branches, Army National Guard, Air National Guard, commissioned corps of the Public Health Service, and any other category of people designated by the president in time of war or national emergency, shall be allowed leave in accordance with the provisions of law governing such leaves. The City shall follow all governing laws in effect at the time of an employee’s request for Military Leave. Ref:
The Uniformed Services Employment and Reemployment Rights Act of 1994, (USSERA) The USSERA requires employees to provide their employers with advance notice of military service, with some exceptions. Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving.
The employee taking Military Leave should contact delegated Human Resources Staff for more information.
USSERA will be followed by the City for all employees who have been absent from a position of employment because of service in the uniformed services. The law guarantees an employee returning from military service or training the right to be reemployed at their former job (or as nearly comparable a job as possible) with the same benefits.
Section 13.15: Organ and Bone Marrow Donor Leave
Employees who are donors for organ or bone marrow may take paid time off as follows:
A. Up to thirty (30) workdays of leave in a one-year period for the purpose of donating an organ to another person.
B. Up to five (5) workdays of leave in a one-year period for the purpose of donating bone marrow to another person. The one-year period is calculated from the date the employee’s leave begins.
During the leave for organ/bone marrow donors, the City will continue to provide for any group health plan benefits the employee was enrolled in prior to the leave of absence.
Employees who wish to take a leave of absence to donate bone marrow or an organ will be expected to provide documentation that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.
The City requires that employees taking leave for:
A. Organ donation use two (2) weeks of accrued but unused sick, vacation and/or floating holiday leave.
B. Bone marrow donation use five (5) days of accrued but unused sick and/or vacation leave.
Once a donor has exhausted the required paid leave, the employee will be paid for the remaining leave of absence, if additional leave is needed, up to the maximum allowed by law.
Leave taken for the purpose of organ or bone marrow donation is not leave for the purpose of Family Medical Leave or under state law, the California Family Rights Act (CFRA).
Section 13.16: Pregnancy Disability Leave
Pregnancy disability leave shall be granted without pay to eligible employees pursuant to the Fair Employment and Housing Act (FEHA). Pregnancy disability leave will be allowed for a period of time not exceeding four (4) months. An employee requesting pregnancy disability leave shall provide delegated Human Resources Staff with certification from her health care provider stating the anticipated delivery date and estimated dates and duration of the disability. If there is a change in diagnosis, and the dates are either accelerated or delayed, notification from the health care provider shall be required. An employee may be eligible for long-term disability coverage during a pregnancy leave. Complete details are available from the delegated Human Resources Staff.
Any leave qualifying for both federal FMLA leave and leave under the state FEHA shall be counted against the employee's entitlement under both laws. This means that the employee is entitled to a single four (4) month period of leave, not a total of eight (8) months of pregnancy disability leave.
Employees who are absent up to four (4) months for a pregnancy disability may also be absent up to an additional twelve (12) weeks to care for their newborn child under the California Family Rights Leave Act (CFRA). The City’s obligation to pay for health insurance is limited to twelve (12) weeks over a twelve (12)-month period for both pregnancy disability leave and leave to bond with her newborn. If employees
are absent beyond their pregnancy disability period to care for their newborn child, they are required to first use all accrued paid leave.
A. Use of Leave While on Pregnancy Disability Leave
Employees are required to use accrued sick leave, management leave, compensatory time, or any combination of accrued paid leave during the duration of their pregnancy disability leave. The employee, at her option, may also use any accrued vacation leave.
An employee who takes a pregnancy disability leave shall be eligible for reinstatement to the former position at her former rate of pay. However, if the same position is no longer available due to business necessity, the City may instead offer a job that is comparable in terms of pay, location and job content.
B. Return to Work - Physician’s Statement
The City reserves the right to require an employee returning from a pregnancy disability leave to provide a physician’s statement that certifies the employee’s fitness for duty.
Section 13.17: Sick Leave
An employee shall accrue sick leave at the rate of eight (8) hours per month, for up to ninety-six (96) hours per year, in Sick Leave Bank A.
A. Maximum Accumulation
1. Sick Leave Bank A
A maximum of five hundred (500) hours of sick leave may be accumulated in Sick Leave Bank A. Hours accumulated in Sick Leave Bank A are for the purpose of use in accordance with subsection B or subsection C below.
2. Sick Leave Bank B
Sick leave hours accrued in excess of five hundred (500) hours shall be placed in Sick Leave Bank B. There shall be no maximum accumulation limit on sick leave in Sick Leave Bank B. Sick Leave Bank B may only be used for the purpose of conversion to retirement service credit in accordance with subsection D below. There shall be no cash value to Sick Leave Bank B. An employee shall no longer be able to use hours, in accordance with subsection B below, once they have been deposited into Sick Leave Bank B.
B. Use of Sick Leave
Sick leave may be applied to:
1. An absence caused by illness or injury to an employee.
2. Medical and dental office appointments for examination or treatment when absence during working hours for this purpose is authorized, preferably in advance, by the department head.
3. Absence due to exposure to a contagious disease when quarantine is imposed by health authorities or when it is determined by a licensed physician that the presence of the employee on duty would endanger the health of others.
4. To attend to a qualified family member or designated person.
5. Any other reason as permitted by law
C. Payment of Accumulated Sick Leave
On December 1st of each year, and/or upon retirement with five (5) or more years of City service, an employee may elect to cash-out up to one hundred (100) hours of sick leave from Sick Leave Bank A, which has accumulated in excess of three hundred (300) hours. Payment shall be made on December 16th, or in the case of retirement with the final check issued to the employee, at the rate of one-half (½) of the employee’s regular rate of pay at the time of the payment.
No payment or retirement service credit shall be made for accumulated, but unused, sick leave from Sick Leave Bank A or B upon separation from City service, excluding retirement.
D. Conversion of Sick Leave to Retirement Service Credit Using the Credit for Unused Sick Leave (Government Code§ 20965), upon retirement, an employee may be able to convert accumulated, but unused, sick leave in Sick Leave Bank A and/or B to additional service credit.
E. Doctor’s Certificate
The department head may request that the employee submit a doctor’s certificate for unscheduled absences due to illness of duration in excess of three (3) or more consecutive days.
F. Use of Sick Leave During Probation Period
Staff are strongly encouraged to refrain from taking sick leave unless such leave is absolutely essential during the first six months of City full-time employment as employees are expected to be at work as much as possible. Sick leave accrued for the initial six months of employment may be used after that period has been completed.
Section 13.18: Voting Leave
If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. An employee will be allowed a maximum of two hours of time off without loss of pay. Such time off shall be taken at the beginning or end of the regular working shift, whichever allows for more free time and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two (2) hours combined. When possible, an employee requesting time off to vote shall give their supervisor at least two (2) days’ notice.
Section 13.19: Various Other Leaves of Absence
In compliance with the California Labor Code, the City offers the following leaves:
A. Leave for Drug and Alcohol Treatment
B. Leave for Literacy Assistance
C. Crime Victim’s Leave
For more information on the above leaves, inquire with delegated Human Resources Staff.
Section 13.20: Workers’ Compensation Leave
All City employees are covered by the City’s Workers’ Compensation Insurance policy, providing temporary disability benefits for qualified work-incurred injuries or illnesses in accordance with State Workers’ Compensation Laws and the provisions of the City’s Workers’ Compensation Insurance Plan.
The laws provide that all eligible employees shall be entitled to receive temporary disability wage replacement payments in the event of a qualified work-incurred injury or illness. Eligibility is determined solely by the insurance provider. If eligible, in addition to disability payments, necessary hospital, medical, and surgical expenses may be covered under the policy, with payment being made directly to the hospital or physician. The City is responsible only for all the necessary reporting paperwork.
A. Reporting Accidents and Injuries
An employee who is injured or becomes ill in the course of employment must immediately report the incident to the employee's supervisor and the Personnel Officer. The supervisor is responsible for submitting, within 24 hours of the incident, a statement giving all details of the incident and signed by the employee. An employee who fails to promptly report a work-incurred injury or illness to their supervisor and delegated Human Resources Staff may be subject to discipline.
B. Salary Continuation Benefits
An employee eligible for temporary disability payments under the Workers’ Compensation laws will receive salary continuation payments for related lost time at the applicable workers’ compensation rate, according to Workers’ compensation rules.
C. Salary Continuation Integration with Accrued General Leave Employees receiving approved temporary disability payments under the Workers’ Compensation laws may elect to use accrued vacation leave, sick leave, management leave, compensatory leave, or any combination of accrued leave in excess of the Workers’ Compensation benefit in order to maintain their regular income level. Under such circumstances, employees shall use sufficient leave to allow them to be paid the difference between their full salary and the temporary disability payments received, in order to maintain the regular net pay received in the period before the injury. Accrued leave hours shall be charged to the extent of wages paid by the City.
D. Salary Continuation and Benefit Discontinuance After On-the-Job Disability City employees who are permanently disabled by an on-the-job injury or illness, and no longer covered by Workers’ Compensation benefits, may use accrued vacation leave, sick leave, management leave, compensatory leave, or any combination of accrued leave to continue wage payment. When all accrued leave has been exhausted, the disabled employee is no longer entitled to wage and benefit continuation as allowed by state and federal laws. The employee may also continue to receive health and welfare benefits during the period of paid disability. An employee on unpaid leave who wishes to continue health insurance coverage may do so at their expense at the City’s group rates, in accordance with COBRA provisions.
E. Anniversary Date Impacted by Workers’ Compensation Leave Only a regular employee who is absent from work as the result of a qualified work-incurred injury or illness shall retain the normal performance evaluation date and general leave accrual date. An employee who has not completed their probation period is ineligible for certification of regular status during a
work-incurred injury or illness leave and the date for completion of the probation period will be extended to reflect the amount of time absent.
F. Placement After On-the-Job Disability
The City will make a reasonable attempt, in accordance with federal and state law, to place employees in positions for which they qualify when they become disabled by an on-the-job injury or illness.
G. Dismissal After On-the-Job Disability
Unless otherwise prohibited by law, if no vacant or suitable positions are available the disabled employee may be dismissed after the treating physician’s finding of “permanent and stationary” disability is issued. In such cases, the City’s review and appeal procedures shall apply.
CHAPTER 14: HEALTH AND WELFARE BENEFITS
The information contained in this section is intended to provide an overview of the City’s group health and welfare insurance benefits. To the extent that this information is inconsistent with the provider contract on file with the delegated Human Resources Staff, the provider contract is the controlling document.
The City provides group health and welfare insurance benefits to eligible employees. Delegated Human Resources Staff shall maintain records of the terms and conditions of health and welfare benefit contracts, benefit levels, and administration procedures. Terms, conditions, benefit levels and administration requirements may change.
Section 14.1: Eligible Employees
All probationary, regular, and temporary full-time employees are eligible for the health and welfare benefits described in this section. Part-time employees are not eligible for health and welfare benefits but are covered by the City’s workers’ compensation insurance and other benefits mandated by federal and state law.
Section 14.2: Commencement of Benefits
With the exception of workers’ compensation insurance coverage, which begins on the employee’s first day of work, the benefits described in this section shall begin on the first day of the month after commencement of employment.
Section 14.3: Medical Insurance
The City provides eligible employees and their spouse and dependents, with a choice of qualified medical insurance providers as well as the option to waive the City’s medical insurance coverage if covered under another existing plan.
The City shall provide medical group coverage through CalPERS and employees may choose from any of the regionally offered health plans.
For current premium coverage rate information, please see delegated Human Resources Staff.
Should an employee choose a plan with a higher premium than the City covers, the difference between the premiums shall be paid by the employee via payroll deductions from the employee’s wages on a monthly basis.
The City shall not pay for any increases in deductibles, co-payments, maximum out-of-pocket expenses, costs of prescriptions, etc., that are the result of changes in the individual plans by CalPERS.
A. Medical Waiver Option
Employees who provide proof of adequate comparable group medical coverage from another source may opt to waive enrollment in a City sponsored health plan and instead receive cash in lieu of the City’s coverage. The cash shall be added to the employee’s taxable compensation. An election to reenroll in a City medical coverage plan can occur only with the permission of the insurance provider.
Section 14.4: Dental/Optical Care Benefits
The City shall administer a self-insured Dental/Optical care program, to be known as “DOC.” The Dental/Optical/Audio Care (DOC) Program is a City administered, self-insured program.
All full-time regular employees, who are members or annuitants of PERS shall be and remain eligible for DOC, except that there shall be no options of conversion or continuation of benefits upon discharge or termination other than retirement, nor shall any claims be processed or paid after such events, regardless of when incurred.
For current City contribution rates to the DOC Plan for the reimbursement of dental, orthodontic, audio and optical expenses per fiscal year for each employee, please see delegated Human Resources Staff. If the employee is unable to use any amount due to circumstances beyond their control, the amount will carry over for 6 months after the end of the cause for the delay, with City Council approval.
Employee claims shall be processed and paid based on invoices and/or paid receipts through a third-party administrator.
Section 14.5: Life Insurance
Each full-time regular employee shall be provided seventy-five thousand dollars ($75,000) in term life insurance at no cost to the employee. The City shall pay all required premiums.
Section 14.6: Short-Term/Long-Term Disability Insurance The City shall provide Short-Term (STD) and Long-Term Disability (LTD) coverage to each full-time regular employee. The purpose of STD and LTD insurance is to provide employees with a portion of their normal income when an injury or illness occurs on or off the job that prevents them from working for more than thirty (30) calendar days.
A. Benefits shall be payable to eligible employees after a thirty (30) day calendar year waiting period; B. Benefits shall be sixty-six and two-thirds (66⅔%) of the employee’s base monthly salary, not to exceed six thousand dollars ($6,000) per month; and
C. Benefits shall continue until age 65.
The City shall pay the premium for the short-term and long-term disability plans. STD and LTD benefits shall be governed by the terms of the short-term and long-term disability insurance policy between the City and the insurance company providing the short-term and long-term disability insurance to the City.
Section 14.7: Use of Leave While on Disability
Disability related to pregnancies is also covered under the LTD plan. Benefits generally begin following a 28-day “elimination period”. Employees may use accrued vacation leave, management leave, compensatory leave, or any combination of accrued leave during the elimination period and may also use such leave to supplement the LTD wage replacement payments. If applicable, Workers Compensation wage replacement benefits may also be integrated with LTD benefits.
Section 14.8: COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 requires the City to offer employees and their families an opportunity for a temporary extension of health coverage upon separation of employment.
The specific provisions and restrictions of the Act are available from delegated Human Resources Staff.
Section 14.9: Medicare Benefits
The City participates in the federal Medicare system, in accordance with the law, on behalf of all employees.
CHAPTER 15: RETIREMENT BENEFITS
All full-time employees are provided with retirement benefits through the City’s retirement program in lieu of the Social Security retirement system. The City’s retirement benefits consist of retirement benefits through the California Public Employees’ Retirement System (CalPERS) and voluntary 457(b) plans.
Details regarding membership and benefits are available by contacting delegated Human Resources Staff.
Part-time employees are not covered by the City’s retirement plan but are required to contribute to the City’s designated part-time retirement program in lieu of payments to the Social Security retirement system.
Section 15.1: CalPERS Retirement Plan Benefits
A. CalPERS Tier I and Tier II
There are two (2) tiers of defined benefit retirement plans based on the employee’s date of hire and/or member status with CalPERS as determined by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”).
Each retirement plan tier also defines the retirement formula, final compensation calculation, and employee contribution/cost sharing as follows:
1. Tier I: Employees Hired prior to January 1, 2013, and “Classic Members” a. Employees hired prior to January 1, 2013, or who are “classic members” of CalPERS. b. The retirement formula is 2.5% at 55 years of age.
c. Final compensation is calculated as the highest pensionable compensation earned during a period of twelve (12) consecutive months.
d. Effective the first full pay period following January 1, 2020, employees in Tier I shall contribute an additional one percent (1%) – for a total of eight percent (8%) – of compensation towards the employee’s cost of their CalPERS retirement plan. e. The City shall pay the full employer’s cost and any unfunded liability.
2. Tier II: Employees Hired on or after January 1, 2013, and “New Members” a. Employees hired on or after January 1, 2013, or who are “new members” of CalPERS. b. The retirement formula is 2% at 62 years of age.
c. Final compensation is calculated as the highest average pensionable compensation earned during a period of thirty-six (36) consecutive months.
d. Employees in Tier II shall participate in cost sharing by paying fifty percent (50%) of the normal costs of their CalPERS retirement plan, as determined by CalPERS each year. The City shall pay the remaining fifty percent (50%) of the normal costs and all other costs required by CalPERS.
B. Optional Retirement Plan Benefits
The City’s contract with CalPERS provides the following additional optional benefits to eligible employees:
1. Annual Cost-of-Living Allowance
The maximum Annual Cost-of-Living Allowance Increase (Government Code§ 21335) of five percent (5%) during retirement.
2. Pre-Retirement Death Benefit
This benefit allows the surviving spouse or domestic partner of a deceased member, who was eligible to retire at the time of death, the option to receive a Pre-Retirement Option 2W Death Benefit (Government Code§ 21548) in lieu of the lump sum Basic Death Benefit.
3. Survivor Allowance
Post-Retirement Survivor Allowance (Government Code§ 21624, 21626 & 21628). This benefit provides the allowance to continue for the surviving spouse or domestic partner upon the death of a member after retirement.
The Second Level of 1959 Survivor Benefit (Government Code§ 21574).
4. Military Service Credit
An employee with qualifying military service may purchase, at their own expense, up to four (4) years of Military Service Credit as Public Service (Government Code§ 21024).
5. Credit for Unused Sick Leave
Using the Credit for Unused Sick Leave (Government Code§ 20965), upon retirement, an employee may convert accumulated sick leave to additional service credit.
Section 15.2: Deferred Compensation Plan
The City shall offer a 457 deferred compensation plan to all regular full-time employees. An employee may make voluntary contributions, up to the legal limit, to their individual plan.
Section 15.3: Retiree Health Benefits
A. Retiree Medical
There are two (2) tiers of retiree medical benefits available based on the employee’s initial date of hire with the City. Each tier also defines any applicable vesting period.
1. Tier A: Employees Hired prior to August 1, 2008
Employees hired prior to August 1, 2008, who retire from City service, will be eligible for health care benefits upon retirement.
Upon retirement, this becomes a vested right for each retiree and the City will continue to pay one hundred percent (100%) of the cost of the health insurance premiums for such retirees and their eligible dependents until death.
2. Tier B: Employees Hired on or after August 1, 2008
Employees hired on or after August 1, 2008, who retire from the City after five (5) or more consecutive years of service with the City, will be eligible for health care benefits upon retirement.
Upon retirement, this becomes a vested right for each retiree and the City will continue to pay the health insurance premiums for such retirees and their dependents until death, based on the following vesting formula adopted by Resolution Number 08-4723:
Years of CalPERS Service Credit Percentage of Employer Contribution 10 or less 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
B. Retiree DOC Plan
Each regular full-time employee who retires from City service shall be able to continue to participate in the City’s DOC Plan for dental, orthodontic, audio, and optical expenses in the same manner and to the same extent as active employees.
CHAPTER 16: TRAINING AND DEVELOPMENT
Section 16.1: Training Program
Training and other professional development opportunities relating to the improvement of the delivery of City services will be provided to employees depending on available budgeted funds, employee performance, and department staffing needs, as determined in the discretion of the department head and the Personnel Officer. Such training programs may include lecture courses, demonstrations, assignment of reading matter, or other methods as may be deemed appropriate for the purpose of improving the on-thejob effectiveness, skills and knowledge of City employees.
The Personnel Officer or department head may require an employee to attend specific training as appropriate.
Section 16.2: Attending Conferences, Seminars and Workshops Personnel Officer approval is required prior to registering for any training program, outside conference, seminar, or workshop for which City funds are required or which will occur during regular working hours, or both.
Section 16.3: Expense Reimbursement
In order to receive reimbursement for eligible personal expenses after attendance at a training program, the employee shall complete a reimbursement form, pursuant to the Reimbursable Expenses Policy which is included in the City’s Administrative Policy Manual. The form will identify expenses eligible, receipts necessary, and methods of reimbursement calculation.
Section 16.4: Professional Associations and Technical Groups The Personnel Officer may approve payment for membership in craft, trade or other professional organizations for an employee. The employee shall provide evidence of active participation to justify continued membership payment. The City may reimburse the costs of attendance at professional association meetings and workshops. With prior approval, the City may allow the employee to attend the workshop on City time.
Section 16.5: Education Reimbursement Policy
Education reimbursement is defined as an off-duty instruction that will be mutually and immediately beneficial to the employee and the City. Employees shall not be entitled to overtime or compensatory time off for participating in such voluntary training or off-duty instruction.
Prior to enrolling in a class for training, an employee wishing reimbursement for their eligible expenses shall obtain the approval of the Personnel Officer as to course content and its relationship to the employee’s employment with the City, as well as the recommendation of the Department Head. This approval is at the sole discretion of the Personnel Officer.
Employees who expect to apply for reimbursement must submit a Request for Education Reimbursement Application Form to their Department Director and receive approval as to job relatedness. The form is then submitted to the Personnel Officer for approval two weeks prior to enrollment in the class. The City
reserves the right to investigate any school and approve or disapprove it for reimbursement if such action appears warranted.
Education reimbursement may be considered taxable income in some instances. The City will report Education Reimbursement payments to the Internal Revenue Service in keeping with current tax regulations.
A. Eligibility
Employees must:
1. Be on an active pay status during the entire duration of the course. Employees on any paid or unpaid leave of absence, including, but not limited to disability leave, medical leave, and/or worker’s compensation leave, are not eligible for the program;
2. Perform their job in a successful manner and;
3. An applicant who is eligible for full reimbursement or assistance from any other organization, association, or governmental agency is not eligible for tuition reimbursement under the City’s program.
4. If an applicant is eligible for veteran’s assistance benefits, but cannot, however, collect for a particular course/program (e.g. fire command school), application for reimbursement will be considered if a grade of “C” or better is received, and the applicant is not doubly compensated.
B. Repayment
Education reimbursement shall be repaid to the City should the employee separate from City service within one (1) year of receiving such reimbursement.
C. Eligible Expenses
Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree, certification or licensure may apply for reimbursement of tuition, books, course material fees, tests, student fees and parking.
D. Maximum Reimbursement
Reimbursement is capped each calendar year at the tuition rate of the California State University (CSU) system for up to four (4) terms of enrollment each calendar year.
E. Eligibility for Reimbursement
Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses, a grade of “B” or better for graduate courses, or a certificate of completion for technical/vocational courses.
The employee shall submit a copy of the official transcript or certificate of completion along with all receipts to delegated Human Resources Staff.
All claims for tuition reimbursement require prior written approval and are subject to verification and approval by the Personnel Officer.