Example: Employee attends CSU Los Angeles for a term and completes two (3 unit) undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
Example Tuition Reimbursement
CSU Tuition $ 3,174.00 (0-6 units)
Required Student Fees $ 171.00
Parking $ 90.00
Books and Course Material Fees $ 600.00
Total: $ 4,035.00
Section 16.6: Recognition in Training and Professional Development Records of participation in and successful completion of training and educational programs shall be maintained in the employee’s personnel file and may be considered when employee performance evaluations are conducted. Such information may also play a role in promotional decisions.
CHAPTER 17: SAFETY AT WORK
Section 17.1:Personnel Officer Responsibilities
The Personnel Officer will oversee and maintain records of the City’s system for communicating with employees on health and safety matters. The Personnel Officer may establish and enforce safety rules and training and employee recognition programs to help ensure that employees comply with safe and healthy work practices. The Personnel Officer may also conduct periodic inspections to identify and evaluate unsafe or hazardous conditions and work practices.
Section 17.2: Employee Responsibilities
Each employee of the City is responsible for identifying workplace hazards and unsafe conditions. The employee shall immediately report any such hazards or unsafe conditions to the supervisor, department head, delegated Human Resources Staff, or Personnel Officer. Retaliation against an employee for reporting a workplace hazard is prohibited.
Employees are required to observe all City rules and instructions, both verbal and written, relating to the safe performance of their work. Failure to comply with any safety rule or instruction may be grounds for disciplinary action, up to and including termination.
Section 17.3: Injury & Illness Prevention Program
The City is committed to the goal of providing a safe workplace, in accordance with state and federal law and has established a Written Injury & Illness Prevention Program (“IIPP”). General Industry Safety Orders Section 3203 requires all employers to develop and implement an effective injury and illness prevention program. Specific elements of a safety program are required to be included in the City’s program.
The Director of Administrative Services is responsible for administering the City’s Injury and Illness Prevention Program through Management and Supervisory personnel within the City’s departments.
Management and/or Supervisory personnel will be directly responsible for implementing and maintaining
the IIPP for the safety and welfare of City employees in their work areas. All employees, including Managers and Supervisors, are responsible for complying with safe and healthful work practice.
A. Employee Safety Responsibilities
1. Become familiar and comply with the IIPP and specific work procedures or rules as they apply to their work activity.
2. Attend training sessions as scheduled.
3. Know the job and always apply safe work practices.
4. Recognize the hazards of the job and take precautions to ensure the safety of themselves and others.
5. Immediately advise their supervisor if the working conditions, tools, or equipment are unsafe.
6. Actively participate and cooperate in the overall safety program.
7. Use all personal protective equipment as required.
8. Comply with all safety instructions from supervisors.
9. Obey all health and safety warning signs and standards.
10. Immediately report all accidents (vehicular or personal) regardless of severity to the supervisor.
11. Do not jump from truck beds, platforms, fences, or other elevated places.
12. Do not take shortcuts in or over dangerous places.
13. Pay strict attention to work and do not participate in practical jokes or horseplay.
14. Do not wear loose clothing and jewelry while working on or near equipment and machines.
B. Supervisor Safety Responsibilities
1. Become familiar and comply with the IIPP and specific work procedures or rules as they apply to their area of authority.
2. Attend training sessions as scheduled.
3. Ensure that employees and subcontractors under their direction are aware of and comply with the IIPP policy and specific work procedures or rules as they apply.
4. Discipline employees, per the City’s disciplinary action policy, for violations of the IIPP and specific work procedures or rules as they apply.
5. Investigate accidents and new miss incidents in a timely manner, including documenting all aspects of the incident, identifying the cause, and implementing the corrective actions to prevent reoccurrence.
6. Correct any unsafe conditions or work practices observed in a timely manner.
C. Managerial Safety Responsibility
1. Become familiar and comply with the IIPP and specific work procedures or rules as they apply to their area of authority.
2. Attend training sessions as scheduled.
3. Ensure that employees and contractors are aware of and comply with the IIPP and specific work procedures or rules and Cal/OSHA regulations.
4. Discipline employees, per the City’s disciplinary action policy, for violations of the IIPP and specific work procedures or rules as they apply.
5. Review accident investigations in a timely manner and ensure that all aspects of the incident are documented and implement corrective actions to prevent reoccurrence.
6. Correct in a timely manner any unsafe conditions or work practices observed.
D. Safety Program Communication
All Managers and Supervisors are responsible for communicating with all their employees about occupational safety and health in a form readily understandable by all employees. Our communication system encourages all City employees to inform their Managers and Supervisors about workplace hazards without the fear of reprisal.
1. Initial Training
The IIPP will be included as an element of the new employee orientation including a discussion of safety and health policies and procedures.
2. Safety Meetings
Safety meetings will be conducted on a monthly basis at each facility. All meetings will include information on the following subjects as applicable:
a. Review of IIPP practices, policies, or procedures
b. On-the-job safety information
c. Feedback from employees on hazards, safety suggestions, or concerns d. Review of previous accidents, causes, and corrective actions e. Recognition for compliance, good safety practices or attitude Safety meetings are required by Cal/OSHA in order to successfully communicate important information to employees, as well as promote safety awareness. The meetings will be documented, and information will be discussed during regularly scheduled Staff meetings. Safety meetings may be held more frequently as deemed necessary by the creation of hazards or occurrence of injuries and/or illness.
3. Employee Suggestions
Employees will be afforded an opportunity to make safety suggestions and/or express their concerns. This opportunity will be by means of an employee safety suggestion. Employee suggestions may be made anonymously but, in any case, no employee shall be disciplined, demoted or otherwise discriminated against for making a suggestion. Response to suggestions will be documented and the employee notified as to the outcome. Anonymous suggestions will be considered as seriously as non-anonymous suggestions; responses shall also be documented and posted for all employees to review.
E. Identification, Evaluation, and Prevention of Occupational Safety and Health Hazards Monthly safety inspections will be conducted by a team of selected department members (Director of Administrative Services, Public Works staff member, and/or Management Assistant) to identify and evaluate workplace hazards in the following areas:
1. City facilities
2. When new substances, processes, procedures, or equipment, which present potential new hazards are introduced into the workplace
3. When new, previously unidentified hazards are recognized
4. When occupational injuries and illnesses occur
5. Whenever workplace conditions warrant an inspection
F. Accident/Exposure Investigations
Employees shall report all accidents, industrial injuries, illnesses or incidents (including near miss incidents) to their manager and/or supervisor immediately.
The investigation shall include interviewing injured workers and witnesses, examining the workplace for factors associated with the accident/exposure, determining the cause of the accident/exposure from reoccurring, and recording the findings and action taken.
G. Hazard Correction
Unsafe or unhealthy work conditions, practices or procedures shall be corrected and abated as soon as possible or remove employees from the hazard. Hazards shall be corrected according to the following procedures:
1. When observed or discovered; and
2. When an imminent hazard exists which cannot be immediately corrected or abated without endangering employee(s) and/or property, all employees will be evacuated from the facility to a safe location until the situation is corrected.
H. Safety Training
All employees, including Managers and Supervisors, shall have training and instruction on general and job-specific safety and health practices. Training and instruction is provided:
1. To all new City of La Puente employees;
2. To all City employees, given new job assignments, for which training has not previously been provided;
3. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;
4. Whenever City supervision is made aware of a new or previously recognized hazard;
5. To Supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed; and
6. To all employees with respect to hazards specific to each job assignment.
General workplace safety and health practices include, but are not limited to, the following:
1. Implementation and maintenance of the IIPP.
2. Emergency action and fire prevention plan.
3. Provisions for medical services and first aid including emergency procedures.
4. Prevention of musculoskeletal disorders, including proper lifting techniques.
5. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly, and promptly cleaning up spills.
6. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety.
7. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors.
8. Proper reporting of hazards and accidents to supervisors.
9. Hazard communication, including employee awareness of potential chemical hazards, and proper labeling of containers.
10. Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated.
I. Recordkeeping
The City of La Puente is recognized as a Category 1 employer having twenty or more employees and is taking the following steps in implementing and maintaining the City's IIPP:
1. Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe condition and work practices, are recorded on a hazard assessment and correction form.
2. Documentation of safety and health training for each employee, including the employee's name or other identifier, training dates, type(s) of training, and training providers, are recorded on an employee training and instruction form.
3. Inspection and training documentation will be maintained for one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment.
J. Reporting Of Hazards/Unsafe Conditions
All employees shall immediately report all workplace hazards to their Supervisor and the following staff member at their respective facility:
CITY HALL
Director of Administrative Services
15900 E. Main St.
La Puente, CA 91744
Phone: ( 626) 855-1509
SENIOR CENTER
Community Services Coordinator
16001 Main St.
La Puente, CA 91744
Phone: (626) 855-1570
COMMUNITY CENTER/YLAC
Director of Community Services
501 N. Glendora Ave.
La Puente, CA 91744
Phone: (626) 855-1534
MAINTENANCE YARD
Maintenance Superintendent
523 N. Glendora Ave.
La Puente, CA 91744
Phone: (626) 855-1568
Section 17.4: Inclement Weather Gear
Upon hire and each October, the City will provide an inclement weather uniform jacket for use by the Maintenance Division and Recreation Department personnel.
Section 17.5: Safety Boots
Upon proof of purchase, Maintenance Division personnel shall be reimbursed up to two hundred dollars ($200.00) per fiscal year for the cost of steel-toed work boots.
CHAPTER 18: SECURITY AND PRIVACY
Section 18.1: Personnel Files
The City maintains one official personnel file for each employee, which is the sole property of the City.
The City may also maintain a separate, confidential medical file when individual employee circumstances arise, which involve the receipt of medical records. Delegated Human Resources Staff in accordance with state and federal guidelines shall maintain all confidential files and records related to employment with the City.
Section 18.2: Access to Personnel Files
An employee shall have the right to view the employee's personnel files in the presence of the Personnel Officer. An employee may, with advance notice of at least one week, have copies of items in the file that have been signed by the employee.
Section 18.3: Updating Personnel Files
The employee shall notify delegated Human Resources Staff of changes in name, address, telephone number, driver’s license, number of dependents, marital status, beneficiary designation, education certificates, or any other pertinent information within 10 business days of the event causing the change.
Section 18.4: Outside Inquiries
When confidential information about a City employee is requested by anyone other than the employee, the City will verify position(s), salary, and employment dates only. Any other information, including address and phone numbers, will be released only with prior written authorization from the employee or by court order. All reference inquiries regarding City employees shall be referred to the Personnel Officer.
Section 18.5: Inspection of City Property
The City reserves the right, at all times, and with or without prior notice, to inspect and search any and all City property, if there is reasonable cause, to determine if misuse of City property has occurred and to promote safety in the workplace in compliance with state and federal laws. Such inspections may be conducted during or after business hours. Whenever possible, an inspection shall be conducted in the presence of the employee, with due regard for the employee's privacy rights.
CHAPTER 19: BUSINESS ETHICS AND CONFLICT OF
INTEREST
It is the policy of the City to conduct business in accordance with the letter and the spirit of the law and in conformity with ethical standards.
Conflict of interest describes any circumstance that could cast doubt on an employee’s ability to act with total objectivity with regard to the interests of the City. The City has developed the following policies in an effort to limit the possibility of such conflicts arising.
Employees must not take any action on behalf of the City that violates any law or regulation. Employees
must adhere to high moral and ethical standards in the conduct of business. Employees may not engage in activity that results in a conflict of interest with the City or that reflects unfavorably on its integrity.
Employees violating these standards are subject to disciplinary action, up to and including termination of employment.
In situations and on issues involving ethical or moral judgments, employees may sometimes have difficulty determining the correct course of action. In such situations, employees are urged to discuss the matter with the Personnel Officer or delegated Human Resources Staff.
Certain management employees are subject to the City’s Conflict of Interest Code disclosure requirements.
During the employee’s workday, they are expected to devote their full time in the performance of their assigned duties as a City employee.
An employee shall not engage in any employment, activity or enterprise that is inconsistent, incompatible or in conflict with their duties, functions or responsibilities as a City employee, nor shall they engage in any outside activity which will directly or indirectly contribute to the lessening of their effectiveness as a City employee.
Section 19.1: Employee Organization
No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided in these rules and regulations.
Section 19.2: Election Campaign Activities
No employee shall engage in any type of activity relating to election campaign activities during such time an employee is on duty.
Section 19.3: Political Activities
All City employees are prohibited from using their official position with the City in an effort to influence the outcome of a political campaign or ballot measure; engaging in political activity during work hours or while in City uniform; using City facilities or materials for any political campaign or ballot measure.
Section 19.4: Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the appointing authority shall consider, among other pertinent factors, whether the activity:
A. Receipt of Money
Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of their City employment or as a part of their duties as City employee; or,
B. Performance of an Act
Involves the performance of an act in other than their capacity as a City employee which act may later be directly or indirectly related to the control, inspection, review, audit or enforcement by such employee or the department by which they are employed; or, C. Efficiency
Involves conditions or facts which would probably directly or indirectly lessen the efficiency of the employee in their regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee; or,
D. Private Gain
Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one’s City office or employment; or, E. Solicitation of Future Employment
Involves the solicitation of future employment with a business doing business with the City over which the employee has some control or influence in their official capacity at the time of the transaction.
F. Improper Use of City Equipment Prohibited
No City-owned equipment, autos, trucks, instruments, tools, supplies, machine, badge, identification cards, or other items, which are the property of the City shall be used by an employee except upon prior approval of the appointing authority.
No employee shall allow any unauthorized person to rent, borrow or use any of the items mentioned above unless upon prior approval of the appointing authority.
G. Violations and Penalties
Any violation of this provision respecting such outside employment or activity, or improper use of City equipment, shall constitute grounds for disciplinary action including dismissal of a City employee who commits such violation.
Section 19.5: Outside Employment Causing Conflict of Interest No employee shall engage in employment or outside business activity that may constitute a conflict of interest for the employee or the City. Employees shall advise the Personnel Officer in writing before engaging in any employment or business activity other than employment with the City.
While employed by the City, employees are expected to devote their energies to their jobs with the City.
Employees are expected to adhere to high ethical standards and avoid situations that create an actual or potential conflict between the employee’s personal interests and the interests of the City. A conflict of interest exists when the employee’s loyalties or actions are divided between the City’s interests and those of another, such as a competitor or supplier. Both the fact and the appearance of a conflict of interest should be avoided.
Regular full-time employees may not hold an outside salaried or fee-based job without approval of the Personnel Officer, or authorized designee. The Personnel Officer, or authorized designee, may provide written approval of the outside employment, either upon hire by the City or when an employee requests additional employment so long as the outside job will not interfere with the employee providing satisfactory performance of their job responsibilities for the City. Outside employment will present a conflict of interest and be prohibited if it has an actual or potential adverse impact on the City.
No employee shall engage in non-city employment during the employee’s working hours for the City.
An employee who has non-city employment is expressly prohibited from wearing any City uniform, emblem, badge or other employee identification when engaged in non-city employment.
The following types of employment elsewhere are strictly prohibited:
A. Additional employment that conflicts with an employee’s work schedule, duties, and responsibilities at the City;
B. Additional employment that creates a conflict of interest or is incompatible with the employee’s position with the City;
C. Additional employment that impairs or has a detrimental effect on the employee’s work performance with the City;
D. Additional employment that requires the employee to conduct work or related activities on City property during the employee’s working hours or using City facilities and/or equipment; and E. Additional employment that directly or indirectly competes with the business or the interests of the City.
Any employee who wishes to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to delegated Human Resources Staff explaining the details of the additional employment. If the additional employment is authorized, the City assumes no responsibility for it. The City shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.
Section 19.6: Fraud Prevention and Detection
It is the intent of the City to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations.
This policy applies to any fraud, or suspected fraud, involving employees, consultants, vendors, contractors, outside agencies, and/or any other parties with a business relationship with the City. This policy also applies to any fraud or suspected fraud involving City officials.
Any investigative activity required will be conducted without regard to the suspected wrongdoer’s length of service, position/title, or relationship to or with the City.
Fraud for the purposes of this policy is defined as the use of one’s position for personal enrichment through the deliberate misuse, theft or misapplication of the City’s resources or assets The types of fraud intended to be covered by this policy include theft or misuse of the City’s assets, including cash, submitting false time cards or invoices, check tampering, forgery or alteration of any official City document; disclosing to third parties, securities activities engaged in or contemplated by the City; misuse of City vehicles, equipment or supplies; offering, giving, receiving or soliciting anything of value to influence a business decision or official act; falsification of the City’s financial statements; and other similar questionable
conduct by City officials, City employees, contractors, consultants, vendors, or agents of the City, which put City assets, funds, or property at risk of waste or abuse.
Any employee (including managers) or City official who suspects fraud has, may have, or will occur must report such suspicion(s) immediately to delegated Human Resources Staff. Delegated Human Resources Staff shall in turn immediately notify the Personnel Officer, Director of Administrative Services, and City Attorney. Delegated Human Resources Staff shall coordinate any and all investigations undertaken as a result of such reported fraud, with the Personnel Officer, City Attorney, and any external agencies involved in such investigation(s).
Employees who knowingly make false allegations may be subject to discipline.
Section 19.7: Other Inappropriate Conduct
Suspected improprieties concerning an employee’s moral, ethical, or behavioral conduct which does not appear to fall within this policy should be addressed and resolved by departmental management and delegated Human Resources Staff in accordance with disciplinary procedures as stated in this Comprehensive Personnel Policy handbook.
If there is any question as to whether an action constitutes fraud within the meaning of this policy, please contact delegated Human Resources Staff for guidance.
Section 19.8: Safeguard City Funds
City funds and property may not be used for any unlawful purpose. This prohibition includes, but is not limited to:
A. unlawful political contributions,
B. payments to governmental officials or employees,
C. illegal rebates or refunds and
D. payments or commitments made with the understanding or under circumstances that would indicate that these payments are kickbacks, bribes or to obtain influence.
No unrecorded fund shall be established or maintained for any purpose.
All financial transactions shall be promptly recorded on the books of the City. No false or misleading entry shall be made for any reason. All substantive commitments and agreements must be documented, properly authorized and disclosed to the City Council.
Employees shall not make commitments or agreements beyond what is authorized by the City Council.
This authorization may be in the budget document or by explicit policy or resolution, or minute order.
No payments shall be made with the understanding that any part is to be used for any purpose other than that described by the records supporting the payment.
Section 19.9: Gratuities
Gifts of cash or cash equivalents from any person or entity doing business with the City are never permissible if the amount exceeds $50. An employee may not solicit or directly or indirectly accept any gift, gratuity, cash or check from any person or organization, for either the performance or nonperformance
of assigned duties Gifts, favors and entertainment may be given to others at the City’s expense only if they are consistent with accepted business practices and are of such limited value that they cannot be considered as a bribe or pay-off.
Section 19.10: Ethics Expectations
The highest standards of honorable and ethical conduct must be observed in all relationships with other agencies and the public. It is prohibited to make disparaging statements, take any other unfair actions or participate in any activity intended to damage the City, other agencies or the public.
If an employee is asked by another employee or supervisor to:
A. perform any act that appears unlawful,
B. make any unlawful entry on the City’s records or reports, C. omit any entry that should lawfully be made,
D. suppress or hide any information that may result in detriment to the City or be in violation of the law, or disclose information of a confidential nature except when legitimately required, it is that employee’s duty and responsibility to bring the matter to the attention of delegated Human Resources Staff. An employee who files a grievance of this nature will not be retaliated against.
City letterhead/stationery may be used only for City matters and not for personal or non-official correspondence.
Section 19.11: Safeguard Confidential Information
Employees are responsible for safeguarding confidential information obtained during employment. In the course of the work, employees may have access to confidential information regarding the City, its elected officials or fellow employees. It is the employee’s responsibility to protect and in no way reveal any such information, including to any media, unless it is necessary for the employee to do so in the performance of duties or required by law.
Section 19.12: Conducting Business with Family Members
Written approval from the Personnel Officer is required before an employee may conduct business on behalf of the City with a member of the employee’s family or a business or organization in which the employee or a family member has a significant association or interest.
Section 19.13: Employee Questions
Employees who have questions about whether an activity may constitute a conflict of interest should discuss the matter with the supervisor, department head or the Personnel Officer before becoming involved.
Section 19.14: Investigation Responsibilities
Delegated Human Resources Staff have the primary responsibility for the investigation of all suspected fraudulent acts as defined in this policy. Delegated Human Resources Staff shall coordinate the investigation with the City Attorney. The investigation may be conducted by an independent investigator.
Investigation results will be discussed with the City Attorney, the Personnel Officer and Director of Administrative Services, unless a conflict of interest precludes such discussion. Upon advice of the City
Attorney, delegated Human Resources Staff will contact the Los Angeles County District Attorney’s Office and/or the Los Angeles County Sheriff’s Department.
Once the possibility of fraud has arisen, delegated Human Resources Staff shall take steps necessary to preserve relevant evidence, including ensuring that relevant evidence is placed in a secure location, access to the evidence is limited to essential personnel, and electronic data is preserved to prevent intentional or inadvertent destruction.
A. Confidentiality
Delegated Human Resources Staff treats all information received confidentially. An employee or City official who suspects fraudulent activity will notify Human Resources Division immediately and shall not attempt to personally conduct an investigation (see Section 19.15 below).
Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know.
Any reporting person who believes they are being retaliated against for having reported the suspected fraud shall notify delegated Human Resources Staff or their supervisor immediately.
Section 19.15: Reporting Procedures
An employee or City official who discovers or suspects fraudulent activity shall complete a “Fraud Allegation Form,” available by contacting delegated Human Resources Staff. Complete forms and any attachments must be in a sealed envelope marked “Confidential” and e-mailed, mailed, or delivered to the Human Resources Division immediately.
All inquiries concerning the investigation shall be directed to the investigator or the delegated Human Resources Staff.
The reporting individual should be informed of the following:
A. Do not contact the suspected individual in an effort to determine facts or demand restitution.
B. Do not discuss the case, facts, suspicions, or allegations with anyone unless specifically asked to do so by delegated Human Resources Staff.
Any disciplinary actions up to and including termination will be undertaken with disciplinary procedures as stated in this Comprehensive Personnel Policy.
CHAPTER 20: MISCELLANEOUS
Section 20.1: Reimbursement Policy
Employees shall be reimbursed for expenses incurred as a direct result of employment, subject to budgetary appropriation and the approval of the Personnel Officer. Appropriate documentation and timely submittal of requests for reimbursement shall be required of all employees.
Section 20.2: Personal Auto Use
Employees shall receive auto mileage reimbursement only for approved City business in accordance with the established Vehicle and Vehicle Expense Reimbursement Policy, which is included in the Employees’ Policies Manual. Employees shall be required to provide proof of insurance coverage prior to receipt of reimbursement.
Section 20.3: Employee Recognition Program
The Employee Recognition Program is designed to motivate, recognize, and reward employees who exhibit exceptional performance and work ethic and are dedicated to providing the best service to internal and external customers, including the citizens of La Puente.
Employees are selected for recognition by using the criteria provided in the following program outline. The selection is then reviewed by the appropriate Department Head and the Personnel Officer. Once the review is complete, the employee is presented with a certificate and award. Some awards carry different values and are determined below.
A. Eligibility
All full-time employees at all levels of the organization, except for the Part-Time Employee Shout-Out Award and the Part-Time Employee Outstanding Performance Award.
Part-time employees are only eligible for the Part-Time Employee Outstanding Performance Award, the Part-Time Employee Shout-Out Award, and the Employee Service Award.
Elected officials, appointed officials, contractors, and consultants are not eligible.
B. Nominations
Supervisors may nominate subordinate staff, and peers may also nominate each other. Nominations must be sent to the appropriate Department Head who must approve the nomination before it is sent to the Personnel Officer for final approval. The only awards not subject to nomination are the Civic Leadership Award and the Employee Service Award which is determined based on date of hire.
C. Award Types
1. Spotlight Award
Candidates for this award are recognized for going "above and beyond the call of duty." The award is given in the form of a written commendation to be put in the employee’s Personnel File. This award can be given out as frequently as every City Council Meeting and includes a gift card not to exceed $20 dollars.
2. Award of Excellence
Candidates must have accomplished any of the following:
a. Outstanding public service that is consistently high; b. Consistently superior work standards;
c. Outstanding participation in, or development of, a special program;
d. Development of a procedure that has effectively increased efficiency in work operations or customer service.
The Department Head determines the amount of the award, based upon the degree of achievement of the above criteria. The award is given in the form a plaque and may include a gift card ranging from $50 to $100. This award may be given once a year by each department during a City Council Meeting.
3. Civic Leadership Award
Initiated by the Personnel Officer. The nominated candidate is someone who is making a significant and positive impact on advancing the City as an organization and community. This recognition is given in the form of a glass or acrylic award and is given once a year by the Personnel Officer during a City Council meeting. Gift cards can be in the range of $100 to $150.
4. Part-Time Employee Shout-Out Award
Candidates for this award are recognized for going beyond job scope to assist a fellow employee, citizen or customer. The award is given in the form of a commendation to be put in the employee’s Personnel File. This award can be given out as frequently as every City Council Meeting and includes a gift card not to exceed $20 dollars.
5. Part-Time Employee Outstanding Performance Award
Candidates must have accomplished the following:
a. Consistently performs high quality work;
b. Performs extra duties beyond those normally assigned; c. Displays exceptional dependability;
d. Creates a positive work environment.
Supervisors and Department Heads may nominate any part-time employee. This award is given in the form a plaque and may include a gift card ranging from $50 to $100. This award may be given once a year by each department during a City Council Meeting.
6. Employee Service Award (Full-Time and Part-Time)
The following award is given to recognize and express appreciation to employees for their total length of service to the City. Milestones include 5, 10, 15, 20, and 30 plus. Awards will be given in the form of a certificate and memento during a Council Meeting following the employees’ anniversary milestone date.
Section 20.4: Ergonomics Policy
The City believes that reduction of ergonomic risk is instrumental in maintaining an environment of personal safety and well-being for all employees. The City encourages safe and proper work procedures and requires all employees to follow safety instructions and guidelines as found in the City’s Injury, Illness Prevention Policy (IIPP). While the City is committed to supporting the ergonomic needs of its employees and it will make necessary adjustments in a proactive manner to reduce exposure to ergonomic hazards through modifications to equipment and processes and employee training. Employees are expected to take the initiative to inform their supervisor of their specific workplace ergonomic challenges e.g. requirements
for more supportive seating, standing work stations, different keyboards, support to lift and move heavy materials, etc.
A. Request Interactive Discussion for Reasonable Accommodations to Obtain Ergonomic Support If an employee feels that they are suffering from a work-related repetitive motion injury (RMI) or other injury or ailment caused by their body’s interaction with the work equipment and/or furniture they are assigned, they must immediately report the situation to their supervisor. The report should be made in writing, although initial verbal reports will also be accepted. Supervisors are responsible for ensuring Ergonomic support, and as appropriate Occupational Health support is provided if employees are experiencing injuries. Worker’s Compensation insurance forms are completed and submitted in a timely manner if employees are injured in the course of their work.
If an employee feels that they are suffering from a work-related RMI or other injury or ailment, they must immediately report in writing such injury or ailment to their supervisor or delegated Human Resources Staff. This may lead to a Workplace Injury report being filed.
B. Reasonable Accommodations
Once an employee makes a request for ergonomic support, the supervisor and employee are expected to engage in interactive discussions, so the appropriate reasonable accommodations can be identified and implemented. The City may engage ergonomic specialists to provide expert advice on the best tools and workstation setup.
Note: Reasonable means effective and economically feasible accommodations.
Appendix A
Conducting Criminal Background Checks and Securing Received Criminal History Information
Note: these activities are normally observed by delegated Human Resources Staff and are conducted during the recruitment process for new employees. The activities are completed before the employee is onboarded.
This is why these activities are included as an Appendix, not a policy that must be observed on an ongoing basis, by most City employees.
To ensure that the interests of the City, its employees and members of the public are protected and to help minimize potential liability, the City Council has passed a resolution authorizing the Personnel Officer to obtain from the Department of Justice summary criminal background information on applicants for employment and volunteer positions.
The City desires to identify those prospective employees and volunteers who have a criminal history so that information about criminal history can be used in employment decisions.
The City wishes to comply with Public Resources Code Section 5164 which requires that the City take reasonable steps to determine if a prospective employee or volunteer has been convicted of any crimes specified in Penal Code Section 11105.
The City shall not consider a person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment or to be a volunteer if the felony or misdemeanor is to a crime specified in Section III below as being relevant to the employment in question or in the case of a crime not actually listed it is determined by City Attorney to be substantially similar in nature to those listed that a reasonable person would have had notice that such a crime would bar employment.
A. Authority
California Penal Code Section 11105 allows cities, counties and districts to obtain state summary criminal background information from the Department of Justice if the City Council has given the Personnel Officer authority to obtain such records. The Personnel Officer has such authority pursuant to Resolution No. 05-4458 of the City.
B. Applicability
1. The City shall obtain criminal background information on all prospective full-time and part-time employees and volunteers, including recreation employees and volunteers. The City shall not hire individuals if records show convictions of the following crimes of moral turpitude within ten (10) years of the date of application or after hiring:
Section 68: Asking for or receiving bribes
Section 72: Presentation of fraudulent claims
Section 73, 74: Bribes for appointment to office
Section 187, 189: Murder
Section 209: Kidnapping for ransom, extortion or robbery Section 211: Robbery: taking personal property in possession of someone by force or fear
Section 245: Assault with deadly weapon
Section 261: Rape
Section 451: Arson of structure, forest land or property Section 459: Burglary
Section 484: Theft
Section 503: Embezzlement: fraudulent appropriation of property by a person to whom it has been entrusted
Section 518: Extortion: obtain property by a wrongful use of force or fear or under color of official right
2. In addition to Section 1 above, for positions relating to interaction with minors the following areas shall also be grounds to not hire or for discipline up to and including termination:
a. Violations or attempted violations of Penal Code Sections 220, 261.5, 262, 273a, 273d, or 273.5, 288, or any sex offense listed in Section 290.
b. Any crime described in the California Uniform Controlled Substances Act (Division 10, commencing with Section 11000, of the Health and Safety Code), provided that, except as otherwise provided in subdivision (c), no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this section within the immediately preceding 10-year period.
c. Any felony or misdemeanor conviction within 10 years of the date of the employer’s request under subdivision (a), for a violation or attempted violation of Chapter 3 of Title 8 of the California Penal Code (commencing with Section 207), Section 211 or 215, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that offense, Section 217.1, Chapter 8 of Title 8 of the Penal Code (commencing with Section 236), Chapter 9 (commencing with Section 240), and for a violation of any of the offenses specified in subdivision (c) of Section 667.5, provided that no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this section within the immediately preceding 10-year period.
d. Any felony or misdemeanor conviction under Penal Code Section 311, et seq., photographic use of children relative to sexual conduct.
3. In addition to those crimes listed in Section 1 above, for positions relating to use of public funds and public records, the following shall also be grounds not to hire or for discipline up to and including termination:
Section 115, 1153: Use of a false or forged public record; alteration of certified copy of public record
Section 424: Embezzlement and falsification of accounts Title 13, Chapter 4: Any violation of forgery and counterfeiting
4. For positions requiring strict public confidence, in addition to Sections 1, 2, and 3 above, any penal code violation which resulted in conviction shall be grounds not to hire and after hiring grounds for discipline up to and including termination.
C. Assignment Responsibility
It is the applicant’s responsibility to report any conviction or arrest pending final adjudication to the City. The information shall be included on all employment applications. Once a person has been hired under this procedure, convictions or arrests pending conviction which occur that are in the list specified for that employee under Section III above, the employee or volunteer shall report that conviction or arrest to their supervisor who shall forward the information to the Department Head and Personnel Officer. Alternatively, the Personnel Officer may be informed directly.
D. Procedures
All prospective City employees and volunteers shall be subject to a criminal records check as a condition of employment.
1. The City shall submit a completed Applicant Fingerprint Card to the Department of Justice accompanied by any other forms or information required by the Department of Justice in order to obtain the criminal background information.
2. Any information obtained from the Department of Justice shall be used to determine whether the applicant shall be offered a position with the City.
For any employee or volunteer who has been hired subsequent to the adoption of the policy, who passed the initial screening, the individual must sign an acknowledgement that conviction of crimes listed in Section III above under their job category or determined to be substantially similar by the City Attorney shall be grounds for disciplinary action up to and including termination. Further, any such individual has the responsibility to report any such conviction to the Personnel Officer.
The City shall enter into a contract with the Department of Justice so that any subsequent conviction or arrest information concerning an employee or volunteer that was originally hired subject to this policy may be obtained.
1. Any information about existing employees’ or volunteers’ convictions and/or arrests pending adjudication shall be reported to the employee’s or volunteer’s department manager or the Personnel Officer.
2. Upon receipt of information regarding a conviction and/or arrest pending adjudication which is specified as not acceptable for the given position in Section III above, the Department Head and the Personnel Officer shall evaluate the effect and potential effect of the employee’s or volunteer’s record or arrest on their position of employment, fellow employees and the public, and shall take appropriate action to maximize public safety and minimize potential liability while respecting the rights of the employee or volunteer.
E. Confidentiality
State summary criminal history information is confidential and shall not be disclosed, except to those individuals designated to make employment decisions.
Pursuant to California Penal Code Section 11077 the Attorney General is responsible for the security of Criminal Offender Record Information (CORI) and has the authority to establish regulations to assure the security of CORI from unauthorized disclosures. The following are requirements as prescribed by the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security for any agency that maintains or receives criminal history information.
1. Record Security
Any inquiries regarding the release, security or privacy of Criminal Offender Record Information (CORI) are to be resolved by the Personnel Officer.
2. Record Storage
CORI shall be under lock and key and accessible only to the Personnel Officer who shall be committed to protect CORI from unauthorized access, use or disclosure.
3. Record Dissemination
CORI shall be used only for the purpose for which the Personnel Officer requested it.
4. Record Destruction
CORI and copies of the same shall be destroyed after employment determination has been made in such a way and to the extent that the employee’s name can no longer be identified.
5. Record Reproduction
CORI may not be reproduced for dissemination.
6. Training
The Personnel Officer and employees with access to CORI are required:
a. To read and abide by this policy,
b. To be fingerprinted and have a clearance check completed, c. To have on file a signed copy of the Employee Statement Regarding the Use of Criminal Record Information, which acknowledges an understanding of laws prohibiting misuse of CORI.
7. Penalties
Misuse of CORI is a criminal offense. Violation of this policy regarding CORI may result in suspension, dismissal, and/or criminal or civil prosecution.
F. Monitoring Of This Program
The Personnel Officer and delegated Human Resources Staff will monitor compliance with this policy and all other Department Heads shall assist the Personnel Officer as needed.
G. References
California Penal Code
H. Employee Statement Regarding the Use of Criminal Justice Information As an employee of the City, it may be necessary for you to have access to confidential criminal record information in making employment decisions. Access to such criminal record information is controlled by statute. Misuse of such information may adversely affect the civil rights of prospective employees or volunteers and violates the law. Penal Code Section 502 prescribes the penalties relating to computer crimes. Penal Code 11105 and 13300 identify who is permitted access to criminal history information and under what circumstances information may be released. Penal Code Section 11140-11144 and 13301- 13305 prescribe penalties for misuse of criminal history information. Government Code Section 6200 prescribes the felony penalties for misuse of public records and California Law Enforcement Telecommunications Systems (CLETS) information. Labor Code Section 432.7 prescribes penalties for misuse of certain criminal record information in employment decisions.
Penal Code Sections 11142 and 13303 state:
Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person not authorized by law to receive the record or information is guilty of a misdemeanor.
Any employee who is responsible for such misuse of criminal record information may be subject to discipline up to and including immediate termination. Violations of this law may also result in criminal and/or civil action.
CITY OF LA PUENTE EMPLOYEE
ACKNOWLEDGMENTY OF KEY CITY POLICIES
I hereby acknowledge receiving and reading a copy of the City’s Policy and Procedures Handbook, and specifically I confirm that I have read the following key policies:
Employee
Initial
Policy
Prevention of Harassment, Discrimination and Retaliation Respectful Workplace
Workplace Violence Prevention Plan
Drug and Alcohol-free Workplace
Nepotism and Fraternization
Information Technology, including:
Use of City Computer Systems, Internet, E-mail, and
Telecommunication Devices
Use of Personal Cellular and/or Wireless Devices
Social Media
Fraud Prevention and Detection
Vehicle Usage
Criminal Background Checks
Injury & Illness Prevention Program
A copy of this form will be placed in the employee’s Personnel file maintained by the City’s delegated Human Resources Staff.
Violations of these policies will be dealt with in the same manner as violations of other City policies and may result in disciplinary review. In such a review, a full range of disciplinary recourse is available, including dismissal from employment and legal action.
I understand that violation of these Council Policies may result in disciplinary action, up to and including dismissal.
Name: __________________________________
(Printed or typed)
Signature: Date: ________________
City of La Puente
California
AT-WILL EMPLOYEES
COMPREHENSIVE PERSONNEL
POLICY HANDBOOK
Based on Revised Version of Regular Employees Handbook
Adopted: October 22, 2024
ATTACHMENT B
Table of Contents
CHAPTER 1: GENERAL PROVISIONS AND APPLICABILITY .......................................................... 14 CHAPTER 2: LEGAL ................................................................................................................................ 14 Section 2.1: Prevention of Harassment, Discrimination, and Retaliation Policy .................................... 14 A. Definitions ............................................................................................................................... 15 B. Reporting Harassment, Discrimination, Or Retaliation .......................................................... 18 Section 2.2: Respectful Workplace Policy .............................................................................................. 18 A. Acceptable and Healthy Workplace Behaviors ....................................................................... 19 B. Workplace Bullying Defined .................................................................................................. 19 C. Management Responsibility .................................................................................................... 20 D. Employee and Witness Responsibilities ................................................................................. 20 E. Process for Investigation and Resolution of Complaints ........................................................ 20 Section 2.3: Workplace Violence Policy ................................................................................................ 21 A. Definitions ............................................................................................................................... 21 B. Workplace Violence Defined .................................................................................................. 22 C. Responsibility and Authority .................................................................................................. 22 D. Responsibilities of Department Heads, Managers, and Supervisors ....................................... 23 E. Responsibilities of Employees ................................................................................................ 23 F. Employee Communication and Training ................................................................................ 23 G. Procedures ............................................................................................................................... 24 H. Reporting Workplace Violence Concerns ............................................................................... 25 I. Restraining Order .................................................................................................................... 26 J. Workplace Violence Hazard Identification and Evaluation .................................................... 26 K. Workplace Violence Hazard Correction ................................................................................. 26 L. Recordkeeping ........................................................................................................................ 27 M. Annual Review and Revision of the Workplace Violence and Prevention Plan ..................... 27 Section 2.4: Investigation and Resolution of Complaints ....................................................................... 27 A. Complaint Procedure............................................................................................................... 28 B. No Retaliation for Filing a Complaint or Participating in an Investigation ............................ 28 C. Supervisor Reporting Obligations ........................................................................................... 29 D. Anonymous Complaints .......................................................................................................... 29 E. Investigation of Complaints .................................................................................................... 29 F. Confidentiality ........................................................................................................................ 30 G. Cooperation with Investigation ............................................................................................... 30 H. No Retaliation ......................................................................................................................... 30 I. Determination and Corrective Action ..................................................................................... 30
J. Bad Faith and Intentionally False Complaints ........................................................................ 30 K. Additional Enforcement Information ...................................................................................... 31 L. Training And Policy Dissemination ........................................................................................ 31 Section 2.5: Drug and Alcohol-free Workplace Policy .......................................................................... 31 A. Definitions ............................................................................................................................... 32 B. The City's Consent for Use of Legal Drugs ............................................................................ 34 C. Prohibited Conduct ................................................................................................................. 35 D. Substance Screening ............................................................................................................... 36 E. Consequences of Policy Violations ......................................................................................... 37 F. Disciplinary Action ................................................................................................................. 38 G. Return to Duty/Follow-up Testing .......................................................................................... 38 H. Criminal Convictions .............................................................................................................. 38 I. Confidentiality ........................................................................................................................ 38 J. Counseling .............................................................................................................................. 39 K. Employee Assistance .............................................................................................................. 39 Section 2.6: Management Authority ....................................................................................................... 39 A. Management Decisions ........................................................................................................... 39 B. Organization ............................................................................................................................ 39 C. Direction of Employees .......................................................................................................... 39 D. Goods and Services ................................................................................................................. 39 E. Employee Performance ........................................................................................................... 40 F. Dismiss Employees ................................................................................................................. 40 G. Efficiency ................................................................................................................................ 40 H. Budgeting ................................................................................................................................ 40 I. Work Force ............................................................................................................................. 40 J. Goals and Objectives .............................................................................................................. 40 K. Personnel ................................................................................................................................. 40 L. Standards ................................................................................................................................. 40 M. Restrict Activities .................................................................................................................... 41 N. Emergencies ............................................................................................................................ 41 CHAPTER 3: CLASSIFICATION ............................................................................................................. 41 Section 3.1: Pay and Benefits Classifications ......................................................................................... 41 A. At-will Employee .................................................................................................................... 41 B. At-will Part-time Employee .................................................................................................... 41 C. Introductory Employee ........................................................................................................... 41 D. Temporary Employee .............................................................................................................. 41
E. Contract Employee .................................................................................................................. 41 Section 3.2: Exempt and Non-Exempt Employees ................................................................................. 42 A. Exempt .................................................................................................................................... 42 B. Non-exempt ............................................................................................................................. 42 Section 3.3: Employment Groups ........................................................................................................... 42 A. City Manager .......................................................................................................................... 42 B. Personnel Officer .................................................................................................................... 42 C. Management ............................................................................................................................ 42 D. Mid-Management and Supervisory ......................................................................................... 42 E. Professional and Confidential ................................................................................................. 43 F. General .................................................................................................................................... 43 G. Change of Group ..................................................................................................................... 43 CHAPTER 4: PART-TIME EMPLOYEE TERMS AND CONDITIONS POLICY ................................. 43 Section 4.1: Employee Status ................................................................................................................. 43 A. Regular Appointments ............................................................................................................ 43 B. Interim Appointments ............................................................................................................. 43 C. Provisional Appointments ....................................................................................................... 44 Section 4.2: Work Schedules .................................................................................................................. 44 Section 4.3: Interpretation of Part-Time Employment and Benefits Policy ........................................... 44 CHAPTER 5: COMPENSATION .............................................................................................................. 44 Section 5.1: Salary and Wage Plan Preparation ...................................................................................... 44 Section 5.2: Acting Pay ........................................................................................................................... 44 Section 5.3: Overtime ............................................................................................................................. 45 Section 5.4: Straight Time Overtime (STOT) ......................................................................................... 45 Section 5.5: Administrative Leave .......................................................................................................... 45 Section 5.6: Bilingual Pay ....................................................................................................................... 45 Section 5.7: Standby Pay ........................................................................................................................ 45 A. Requirements for Employees Assigned to Standby Duty ....................................................... 46 B. Weekday Standby Duty .......................................................................................................... 46 C. Weekend Standby Duty .......................................................................................................... 46 Section 5.8: Callback Pay ....................................................................................................................... 46 CHAPTER 6: EMPLOYMENT SELECTION ........................................................................................... 47 Section 6.1: Equal Opportunities in Employment................................................................................... 47 A. Fair Employment..................................................................................................................... 47 B. Merit and Fitness ..................................................................................................................... 47 Section 6.2: Recruitment Procedures ...................................................................................................... 47
A. Recruitment Process ................................................................................................................ 47 B. Interview and Selection Process ............................................................................................. 48 C. The Hiring Process .................................................................................................................. 48 Section 6.3: Subjects and Method of Examinations ............................................................................... 48 Section 6.4: Promotional Examinations .................................................................................................. 49 Section 6.5: Continuous Examinations ................................................................................................... 49 Section 6.6: Conduct of Examinations .................................................................................................... 49 Section 6.7: Notice of Results of Examination Process .......................................................................... 49 Section 6.8: Scoring Examinations and Qualifying Scores .................................................................... 49 Section 6.9: Eligible Lists ....................................................................................................................... 49 Section 6.10: No Eligibility List – Certification of Temporary/Provisional Appointment ..................... 49 Section 6.11: Temporary Appointment ................................................................................................... 50 Section 6.12: Provisional Appointment .................................................................................................. 50 Section 6.13: Certification of Less Than Three Names .......................................................................... 50 Section 6.14: Emergency Appointments ................................................................................................. 50 Section 6.15: Employment of Relatives .................................................................................................. 50 Section 6.16: Authorization to Work ...................................................................................................... 50 Section 6.17: Pre-Employment Physical Examinations .......................................................................... 50 Section 6.18: Reference/Background Investigation ................................................................................ 51 CHAPTER 7: INTRODUCTORY PERIOD .............................................................................................. 51 Section 7.1: Introductory Period for New Hires ..................................................................................... 51 Section 7.2: Appointment Following Introductory Period ...................................................................... 51 Section 7.3: Introductory Period Following Promotion .......................................................................... 51 Section 7.4: Rejections During Introductory Period ............................................................................... 52 Section 7.5: Effect of Leaves on Introductory Period ............................................................................. 52 Section 7.6: Part-time Employees ........................................................................................................... 52 CHAPTER 8: CHANGES IN EMPLOYMENT STATUS ........................................................................ 52 Section 8.1: Promotion ............................................................................................................................ 52 Section 8.2: Rejection Following Introductory Period ........................................................................... 52 Section 8.3: Flexible Staffing ................................................................................................................. 52 Section 8.4: Reductions in Force (Layoffs) ............................................................................................ 53 Section 8.5: Transfers or demotions to avoid layoff ............................................................................... 53 Section 8.6: Re-Employment Lists ......................................................................................................... 53 Section 8.7: Re-Employment .................................................................................................................. 53 Section 8.8: Placement After On-the-Job Disability ............................................................................... 53 Section 8.9: Demotion ............................................................................................................................ 53
Section 8.10: Suspension ........................................................................................................................ 54 Section 8.11: Resignation ....................................................................................................................... 54 Section 8.12: Retirement ......................................................................................................................... 54 Section 8.13: Rescinding Notices ........................................................................................................... 54 Section 8.14: Re-Hire .............................................................................................................................. 54 Section 8.15: Continuation of Health Benefits ....................................................................................... 55 Section 8.16: References ......................................................................................................................... 55 Section 8.17: Fitness for Duty................................................................................................................. 55 CHAPTER 9: RULES OF CONDUCT ...................................................................................................... 55 Section 9.1: Dress Code and Personal Grooming Standards .................................................................. 55 Section 9.2: ID/Name Badges To Be Worn at All Times ....................................................................... 55 Section 9.3: Personal Cleanliness and Fragrance-Free Expectations ...................................................... 55 Section 9.4: Employees Who Are Non-Compliant with Dress Code Expectations ................................ 56 Section 9.5: Information Technology (IT) Policy ................................................................................... 56 A. Application .............................................................................................................................. 56 B. Definitions ............................................................................................................................... 56 C. Computer Hardware and Software Usage ............................................................................... 57 D. Prohibited Uses of Computer Systems and Tools ................................................................... 57 Section 9.6: E-Mail Policy ...................................................................................................................... 58 A. Listservs .................................................................................................................................. 58 B. Prohibited Use of E-Mail/Instant Messaging Platform ........................................................... 58 C. E-mail and Messaging Etiquette and Use: .............................................................................. 59 D. Maintenance of Accounts: ...................................................................................................... 59 Section 9.7: Internet Policy ..................................................................................................................... 60 A. Internet Access ........................................................................................................................ 60 B. Prohibited use of the Internet .................................................................................................. 60 Section 9.8: Telecommunications Policy ................................................................................................ 61 A. Prohibited Uses of Telecommunications Equipment .............................................................. 61 B. Penalties For Misuse of Telecommunications Equipment, Computer Systems and Tools ..... 62 Section 9.9: Personal Cellular and/or Wireless Devices ......................................................................... 62 A. Telephone Calls/Text Messaging ............................................................................................ 62 B. Prohibited Activities ............................................................................................................... 62 Section 9.10: Social Media Policy .......................................................................................................... 62 A. Definitions ............................................................................................................................... 63 B. General Policy ......................................................................................................................... 63 C. Terms Of Use .......................................................................................................................... 64
D. Reporting/Removal Of Unauthorized Comments ................................................................... 65 E. City's Rights To Posted Information ....................................................................................... 66 Section 9.11: Nepotism and Fraternization Policy .................................................................................. 67 A. Definitions ............................................................................................................................... 67 B. Fraternization .......................................................................................................................... 68 C. Nepotism ................................................................................................................................. 69 D. Employment of Relatives of Elected or Appointed Officials ................................................. 70 E. Effect of Post-Employment Marriage or Creation of Other “Relative” Status of City Employees ........................................................................................................................................... 70 F. Responsibility Assignments .................................................................................................... 71 Section 9.12: Vehicle Usage Policy ........................................................................................................ 71 A. Assignment Of Responsibility ................................................................................................ 72 B. Definitions ............................................................................................................................... 72 C. Use of City Owned Vehicles ................................................................................................... 73 D. Use of Privately Owned Vehicles ........................................................................................... 73 E. Driver Training ....................................................................................................................... 74 F. General Guidelines .................................................................................................................. 74 G. Refrain From Use of Electronic Devices While Driving ........................................................ 75 H. Rental Vehicles ....................................................................................................................... 75 I. Accident Reporting Requirements .......................................................................................... 75 J. Insurance ................................................................................................................................. 75 K. Driver's License ...................................................................................................................... 76 L. Review Of Driving Record ..................................................................................................... 77 CHAPTER 10: PERFORMANCE EVALUTIONS ................................................................................... 78 Section 10.1: Goals of Performance Evaluations .................................................................................... 78 Section 10.2: No Expectations of Continued Employment for At-Will Employees ............................... 78 Section 10.3: Merit Increases .................................................................................................................. 78 Section 10.4: Part-Time Merit Salary Advancement .............................................................................. 78 Section 10.5: Performance Evaluation System ....................................................................................... 79 Section 10.6: Supervisor Evaluation ....................................................................................................... 79 Section 10.7: Discussing the Performance Evaluation ........................................................................... 79 Section 10.8: Signatures .......................................................................................................................... 79 Section 10.9: Written Response by Employees ...................................................................................... 79 Section 10.10: Final Approval ................................................................................................................ 79 Section 10.11: Completion of Performance Evaluation Process ............................................................ 79 CHAPTER 11: DISCIPLINARY AND GRIEVANCE PROCEDURES ................................................... 80 Section 11.1: Disciplinary Procedures .................................................................................................... 80
Section 11.2: Grounds for Disciplinary Action of At-will Employees: .................................................. 80 A. Causes For Disciplinary Action .............................................................................................. 80 Section 11.3: Types of Discipline ........................................................................................................... 81 Section 11.4: Informal Discipline/Counseling ........................................................................................ 81 A. Counseling .............................................................................................................................. 81 B. Performance Improvement Plan (PIP) .................................................................................... 81 C. Reprimand ............................................................................................................................... 82 Section 11.5: Formal Discipline.............................................................................................................. 82 A. Initiation of Formal Discipline ................................................................................................ 82 Section 11.6: Reprimand ......................................................................................................................... 82 Section 11.7: Notice of Proposed Action (Skelly Notice) ...................................................................... 82 Section 11.8: Grievance Rights and Procedures ..................................................................................... 83 A. Grievance ................................................................................................................................ 83 B. Informal Discussion with Supervisor ...................................................................................... 83 C. Formal Grievance Procedure .................................................................................................. 83 D. Appeal to the Personnel Officer .............................................................................................. 83 E. No Retribution ........................................................................................................................ 83 CHAPTER 12: PAYROLL PROCEDURES .............................................................................................. 84 Section 12.1: Personnel Records ............................................................................................................. 84 Section 12.2: Pay Days and Pay Periods ................................................................................................. 84 Section 12.3: Payroll Deductions ............................................................................................................ 84 Section 12.4: Time Report Sheets ........................................................................................................... 84 Section 12.5: Determining Hourly Rates of Pay ..................................................................................... 84 Section 12.6: Final Pay ........................................................................................................................... 84 CHAPTER 13: WORK WEEK AND ATTENDANCE ............................................................................. 84 Section 13.1: Hours of Business ............................................................................................................. 84 Section 13.2: Work Period ...................................................................................................................... 85 Section 13.3: Management’s’ Responsibility ......................................................................................... 85 Section 13.4: Work Week Example ........................................................................................................ 85 Section 13.5: Attendance and Punctuality .............................................................................................. 85 Section 13.6: Lunch or Meal Periods ...................................................................................................... 86 Section 13.7: Break Periods .................................................................................................................... 86 Section 13.8: Usage of Leave Time ........................................................................................................ 86 A. Jury Duty, Military Leave & Extended Leave ........................................................................ 86 B. Paid Sick Leave/Vacation/Bereavement Hours ...................................................................... 86 C. Medical Appointments and Personal Business ....................................................................... 86
D. Non-Substitution of Day Off ................................................................................................... 86 Section 13.9: Holidays ............................................................................................................................ 87 A. Scheduled Holidays................................................................................................................. 87 B. Holiday Pay for Part-Time Employees ................................................................................... 87 C. Holidays Falling on Weekends ............................................................................................... 87 D. Holiday Pay ............................................................................................................................. 87 E. Floating Holidays .................................................................................................................... 87 F. Extended Closure for Holidays ............................................................................................... 88 G. Working on a Holiday ............................................................................................................. 88 Section 13.10: Vacation Leave ............................................................................................................... 88 A. Vacation Leave Accrual .......................................................................................................... 88 B. Maximum Accrual of Vacation Leave .................................................................................... 89 C. Use of Vacation ....................................................................................................................... 89 D. Payment of Accumulated Vacation ......................................................................................... 89 E. Retirement Benefits Calculations ............................................................................................ 89 F. Use of Vacation Leave ............................................................................................................ 89 CHAPTER 14: LEAVES OF ABSENCE ................................................................................................... 90 Section 14.1: Eligibility .......................................................................................................................... 90 Section 14.2: Leave Requests ................................................................................................................. 90 Section 14.3: General Provisions ............................................................................................................ 90 Section 14.4: Impact and Responsibilities if Not Being Paid for Eleven or More Days a Month .......... 91 Section 14.5: Bereavement Leave ........................................................................................................... 91 Section 14.6: Blood Donation ................................................................................................................. 91 Section 14.7: Child’s Suspension ........................................................................................................... 92 Section 14.8: Child/School Visits Leave ................................................................................................ 92 Section 14.9: Domestic Violence Leave ................................................................................................. 92 Section 14.10: Family Leave Medical Leave .......................................................................................... 93 A. Eligibility Criteria for Leave Under CFRA/FMLA ................................................................ 93 B. Leave Entitlement for Personal Care or to Care for a Family Member or Designated Person 93 C. Certification Required ............................................................................................................. 94 D. Amount of Family and Medical Leave ................................................................................... 94 E. Intermittent Leave ................................................................................................................... 94 F. Use of Accrued Paid Leave While on FMLA ......................................................................... 94 G. Insurance Benefit Premiums During FMLA ........................................................................... 95 H. Accrual During Unpaid Leaves ............................................................................................... 95 I. Effect on Anniversary Dates ................................................................................................... 95
J. Insurance Benefit Premiums During Leaves ........................................................................... 95 K. Return Notice .......................................................................................................................... 95 L. Reduction or Restructuring of Work Force During Leaves of Absence ................................. 96 M. Extended Leave Due to Serious Health Condition ................................................................. 96 N. Periodic Check Ins .................................................................................................................. 96 O. No Outside Work While on FMLA Except For Military or Public Service Requirements .... 96 Section 14.11: Jury Duty ......................................................................................................................... 96 Section 14.12: Kin Care .......................................................................................................................... 97 Section 14.13: Leave of Absence Without Pay ....................................................................................... 97 Section 14.14: Military Leave ................................................................................................................. 97 Section 14.15: Organ and Bone Marrow Donor Leave........................................................................... 98 Section 14.16: Pregnancy Disability Leave ............................................................................................ 98 A. Use of Leave While on Pregnancy Disability Leave .............................................................. 99 B. Return to Work - Physician’s Statement ................................................................................. 99 Section 14.17: Sick Leave ....................................................................................................................... 99 A. Maximum Accumulation ........................................................................................................ 99 B. Use of Sick Leave ................................................................................................................... 99 C. Payment of Accumulated Sick Leave ................................................................................... 100 D. Conversion of Sick Leave to Retirement Service Credit ...................................................... 100 E. Doctor’s Certificate ............................................................................................................... 100 F. Use of Sick Leave During Introductory Period ..................................................................... 100 G. Sick Leave for Part-Time Employees ................................................................................... 100 Section 14.18: Voting Leave ................................................................................................................. 100 Section 14.19: Various Other Leaves of Absence ................................................................................ 101 Section 14.20: Workers’ Compensation Leave ..................................................................................... 101 A. Reporting Accidents and Injuries .......................................................................................... 101 B. Salary Continuation Benefits ................................................................................................ 101 C. Salary Continuation Integration with Accrued General Leave ............................................. 101 D. Salary Continuation and Benefit Discontinuance After On-the-Job Disability .................... 102 E. Anniversary Date Impacted by Workers’ Compensation Leave ........................................... 102 F. Placement After On-the-Job Disability ................................................................................. 102 G. Dismissal After On-the-Job Disability .................................................................................. 102 CHAPTER 15: HEALTH AND WELFARE BENEFITS ......................................................................... 102 Section 15.1: Eligible Employees ......................................................................................................... 102 Section 15.2: Commencement of Benefits ............................................................................................ 103 Section 15.3: Medical Insurance ........................................................................................................... 103
A. Medical Waiver Option ......................................................................................................... 103 Section 15.4: Dental/Optical Care Benefits .......................................................................................... 103 Section 15.5: Life Insurance ................................................................................................................. 104 Section 15.6: Short-Term/Long-Term Disability Insurance ................................................................. 104 Section 15.7: Use of Leave While on Disability ................................................................................... 104 Section 15.8: COBRA ........................................................................................................................... 104 Section 15.9: Medicare Benefits ........................................................................................................... 104 CHAPTER 16: RETIREMENT BENEFITS ............................................................................................ 104 Section 16.1: CalPERS Retirement Plan Benefits ................................................................................ 105 A. CalPERS Tier I and Tier II ................................................................................................... 105 B. Optional Retirement Plan Benefits........................................................................................ 105 Section 16.2: Deferred Compensation Plan .......................................................................................... 106 Section 16.3: Retiree Health Benefits ................................................................................................... 106 A. Retiree Medical ..................................................................................................................... 106 B. Retiree DOC Plan.................................................................................................................. 107 CHAPTER 17: TRAINING AND DEVELOPMENT .............................................................................. 107 Section 17.1: Training Program ............................................................................................................ 107 Section 17.2: Attending Conferences, Seminars and Workshops ......................................................... 107 Section 17.3: Expense Reimbursement ................................................................................................. 107 Section 17.4: Professional Associations and Technical Groups ........................................................... 108 Section 17.5: Education Reimbursement Policy ................................................................................... 108 A. Eligibility .............................................................................................................................. 108 B. Repayment ............................................................................................................................ 108 C. Eligible Expenses .................................................................................................................. 109 D. Maximum Reimbursement .................................................................................................... 109 E. Eligibility for Reimbursement .............................................................................................. 109 Section 17.6: Recognition in Training and Professional Development ................................................ 109 CHAPTER 18: SAFETY AT WORK ....................................................................................................... 109 Section 18.1: Personnel Officer Responsibilities .................................................................................. 109 Section 18.2: Employee Responsibilities .............................................................................................. 110 Section 18.3: Injury & Illness Prevention Program .............................................................................. 110 A. Employee Safety Responsibilities ......................................................................................... 110 B. Supervisor Safety Responsibilities ........................................................................................ 110 C. Managerial Safety Responsibility ......................................................................................... 111 D. Safety Program Communication ........................................................................................... 111 E. Identification, Evaluation, and Prevention of Occupational Safety and Health Hazards ...... 112
F. Accident/Exposure Investigations ......................................................................................... 112 G. Hazard Correction ................................................................................................................. 112 H. Safety Training ...................................................................................................................... 112 I. Recordkeeping ...................................................................................................................... 113 J. Reporting Of Hazards/Unsafe Conditions ............................................................................ 113 Section 18.4: Inclement Weather Gear ................................................................................................. 114 Section 18.5: Safety Boots .................................................................................................................... 114 CHAPTER 19: SECURITY AND PRIVACY .......................................................................................... 114 Section 19.1: Personnel Files ................................................................................................................ 114 Section 19.2: Access to Personnel Files................................................................................................ 114 Section 19.3: Updating Personnel Files ................................................................................................ 114 Section 19.4: Outside Inquiries ............................................................................................................. 114 Section 19.5: Inspection of City Property ............................................................................................. 115 CHAPTER 20: BUSINESS ETHICS AND CONFLICT OF INTEREST ............................................... 115 Section 20.1: Employee Organization .................................................................................................. 115 Section 20.2: Election Campaign Activities ......................................................................................... 115 Section 20.3: Political Activities ........................................................................................................... 116 Section 20.4: Determination of Inconsistent Activities ........................................................................ 116 A. Receipt of Money .................................................................................................................. 116 B. Performance of an Act .......................................................................................................... 116 C. Efficiency .............................................................................................................................. 116 D. Private Gain .......................................................................................................................... 116 E. Solicitation of Future Employment ....................................................................................... 116 F. Improper Use of City Equipment Prohibited ........................................................................ 116 G. Violations and Penalties ........................................................................................................ 117 Section 20.5: Outside Employment Causing Conflict of Interest ......................................................... 117 Section 20.6: Fraud Prevention and Detection ...................................................................................... 118 Section 20.7: Other Inappropriate Conduct .......................................................................................... 118 Section 20.8: Safeguard City Funds ...................................................................................................... 118 Section 20.9: Gratuities ......................................................................................................................... 119 Section 20.10: Ethics Expectations ....................................................................................................... 119 Section 20.11: Safeguard Confidential Information ............................................................................. 119 Section 20.12: Conducting Business with Family Members ................................................................ 120 Section 20.13: Employee Questions ..................................................................................................... 120 Section 20.14: Investigation Responsibilities ....................................................................................... 120 A. Confidentiality ...................................................................................................................... 120
Section 20.15: Reporting Procedures .................................................................................................... 120 CHAPTER 21: MISCELLANEOUS ........................................................................................................ 121 Section 21.1: Reimbursement Policy .................................................................................................... 121 Section 21.2: Personal Auto Use........................................................................................................... 121 Section 21.3: Employee Recognition Program ..................................................................................... 121 A. Eligibility .............................................................................................................................. 121 B. Nominations .......................................................................................................................... 121 C. Award Types ......................................................................................................................... 122 Section 21.4: Ergonomics Policy .......................................................................................................... 123 A. Request Interactive Discussion for Reasonable Accommodations to Obtain Ergonomic Support .............................................................................................................................................. 123 B. Reasonable Accommodations ............................................................................................... 123 Appendix A ............................................................................................................................................... 124 Conducting Criminal Background Checks and Securing Received Criminal History Information...... 124 A. Authority ............................................................................................................................... 124 B. Applicability ......................................................................................................................... 124 C. Assignment Responsibility ................................................................................................... 126 D. Procedures ............................................................................................................................. 126 E. Confidentiality ...................................................................................................................... 126 F. Monitoring Of This Program ................................................................................................ 127 G. References ............................................................................................................................. 128 H. Employee Statement Regarding the Use of Criminal Justice Information ........................... 128
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 at-will, volunteers, interns, contract employees, and any other individuals engaged with the City, as applicable.
This document does not apply to City employees considered regular, Council Members, Commissioners, Committee members, or other individuals working with the City unless applicable federal or state law indicates otherwise. These individuals are covered by the policies, rules, and regulations found in the City’s Regular Employee handbook.
For additional information regarding at-will positions, please see Title 2 (Administration) of the City’s Municipal Code .
Incumbents in the City job classifications that are identified in the ordinance as at will, do not have the same rights, particularly with regard to progressive discipline as other employees considered ‘regular’ employees.
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 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 Policy
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, bullying, workplace violence, 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 C above; or d. Working without obtaining the required consent in violation of Section C, above; or e. Failure to make proper disclosure in violation of Section C, 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 Agency 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.
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. At-will Employee
An employee who is appointed by and is employed at the pleasure of the City Manager. At-Will employees shall not be subject to the disciplinary procedures as provided for in the Regular Employee Handbook.
B. At-will Part-time Employee
A person employed for an unspecified duration who is scheduled to work less than 1,000 hours during a twelve (12) month period and is compensated on an hourly basis. Part-time employees are not represented by an employee association and are not entitled to benefits, unless otherwise mandated by law.
C. Introductory Employee
At-will employees who have not yet completed their introductory period.
D. Temporary Employee
A person employes for a specified duration.
E. Contract Employee
The City Manager and other employees appointed directly by the City Council pursuant to a contract, which specifically provides that the employee can be released by the City at any time or without cause.
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: PART-TIME EMPLOYEE TERMS AND
CONDITIONS POLICY
Section 4.1: Employee Status
Part-time employees shall not be afforded the rights, benefits, notice, and appeal procedures afforded regular full-time employees but instead may be discharged by the appointing authority without cause at any time. All part-time employees shall serve at the pleasure of the appointing authority.
A. Regular Appointments
Part-time employees are at-will and shall not be entitled to any of the rights or benefits of regular employees including, but not limited to, paid holidays and vacation, except as otherwise provided in this handbook or as mandated by State or federal law. Appointment to a regular part-time position is on an “as needed” basis and may exceed 12 consecutive months of employment provided that employment does not exceed an average of 29 hours per week over a period of 12 consecutive months.
B. Interim Appointments
Interim appointments may be made without recourse to the City's formal selection process and eligible certification provisions. An interim appointment shall not exceed six (6) months. Successive interim positions of the same individual are prohibited. No person may be employed on an interim basis in a part-time regular or part-time intermittent temporary position except as provided below:
1. As a substitute for a part-time regular or intermittent employee who is absent.
2. For the duration of any war or national emergency.
3. When it is impractical or has not been possible to recruit an appointee meeting the standards for part-time, regular, or intermittent employment.
4. When the budget appropriation allows for only interim employment.
5. When it is anticipated that the work of the position will soon cease or that the position will soon be abolished.
6. Lack of an eligible list or where those on list are not available.
7. When a state of disaster is declared, or such conditions exist which seriously endanger the health, welfare, and safety of the community.
8. When extensive illness, injury, or absence of an employee creates a hardship on a department and creates a need to temporarily replace the employee.
9. Other similar circumstances as approved by the Personnel Officer.
C. Provisional Appointments
A provisional appointment refers to the temporary appointment for a full-time position, of a person possessing the minimum qualifications for a particular classification other than eligibility by examination and who has been appointed to a position in that classification in the absence of eligible employees.
1. A part-time employee may serve in the capacity of a full-time provisional appointment subject to Section 6.12 of this Handbook.
2. With respect to all other rights and employee benefits, the provisional employee shall be subject to the provisions of the terms and conditions of employment set forth in the Part-time Employment and Benefits Policy and not by the terms and conditions of employment of the full-time classification in which the employee is serving provisionally.
Section 4.2: Work Schedules
Department Directors shall designate work schedules. The Department Director may alter the work schedule of an employee subsequent to the consideration of departmental workload, operational efficiency, and staffing considerations. Part-time positions can be abolished and/or replaced with full-time positions at the sole discretion of the City.
Section 4.3: Interpretation of Part-Time Employment and Benefits Policy In the event there is a dispute of interpretation of this policy, the Personnel Officer in conjunction with Human Resources staff shall review the facts surrounding the dispute and their decision shall be final and conclusive.
CHAPTER 5: COMPENSATION
Section 5.1: 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 5.2: 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 5.3: 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 5.4: 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 5.5: 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 5.6: 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 5.7: 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 5.8: 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 6: EMPLOYMENT SELECTION
Section 6.1: 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 6.2: 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 6.3: 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 6.4: 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 6.3 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 6.5: 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 6.9 below.
Section 6.6: 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 6.7: 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 6.8: 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 6.9: 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 6.10: 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 6.11: 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 6.12: 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 6.13: 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 6.14: 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 6.15: Employment of Relatives
Please see the City’s Nepotism and Fraternization policy found in Section 9.10 of this Handbook.
Section 6.16: 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 6.17: 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 6.18: 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 7: INTRODUCTORY PERIOD
Section 7.1: Introductory Period for New Hires
For an At-Will employee assigned to a position other than part-time, an introductory period, regarded as a period of observation to closely observe the work performance, progress, and adjustment of the new employee, is required. During this period, benefits for newly hired employees apply only to the extent outlined, in these rules, for introductory employees. Promoted At-Will employees retain the level of benefits that they were eligible for before the promotion.
Section 7.2: Appointment Following Introductory Period
All initial and promotional appointments shall be subject to an introductory period of six (6) months. After successful completion of the introductory period, the employee shall continue with their employment with the City, with no inferences of ‘permanent’ employment status being provided to the at-will employee. All benefits shall apply as outlined in these rules for employment status.
If the employee’s performance during the initial introductory 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 period up to a maximum of six (6) months if more time is needed to adequately assess the employee's suitability for the job.
Written notice should be given to the employee indicating status at the end of each period.
Section 7.3: Introductory Period Following Promotion
To ensure a promoted employee is able to satisfy the requirements of the at-will position for which they were promoted, the first six (6) months in the new position shall be considered the minimum introductory period. This introductory 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 introductory period. After successful completion of the introductory period, the employee shall continue with their employment with the City, with no inferences of ‘permanent’ employment status being provided to the at-will employee.
If an employee’s performance during the introductory 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 introductory period for a maximum of six (6) additional months.
Section 7.4: Rejections During Introductory Period
An introductory employee may have their employment terminated at any time without cause, without notice, and without right of appeal during the introductory period.
Section 7.5: Effect of Leaves on Introductory 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 7.6: Part-time Employees
These employees serve at-will and employment may be terminated without cause. There is no introductory period for part-time employees.
CHAPTER 8: CHANGES IN EMPLOYMENT STATUS
Section 8.1: 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 8.2: Rejection Following Introductory Period
Regular employees rejected during or at the conclusion of a promotional appointment introductory period shall be reinstated to the position from which they were promoted, if it was a regular, non-at-will position, or to as similar a position as possible, unless circumstances, including unavailability of an open position, warrant demotion or dismissal.
Section 8.3: 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 8.4: 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 8.5: 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 8.6: 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 8.7: 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 8.8: 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 8.9: Demotion
The appointing power 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.
Section 8.10: Suspension
It is important to note that At-Will employees do not have to be provided with the following. They may be immediately separated from their employment if, in the opinion of the City, the employee should no longer be employed.
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. At-Will employees do not have appeal rights for suspension for disciplinary reasons.
Section 8.11: 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 8.12: 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 8.13: Rescinding Notices
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.
Section 8.14: 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.
At-will 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 at-will 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 at-will employees shall be required to participate in a competitive recruitment process to be rehired.
Section 8.15: Continuation of Health Benefits
For information on continuation of health benefits, please refer to Section 15.8 “COBRA” herein.
Section 8.16: 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 8.17: 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 9: 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 9.1: 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 9.2: 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 9.3: 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 9.4: 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 9.5: 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 9.6: 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 9.7: 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 9.8: 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 9.9: 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 9.10: 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 9.11: 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 9.12: 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 a 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.