Point Arena City Council
February 17, 2026

POINT ARENA CITY COUNCIL

AGENDA ITEM SUMMARY
AGENDA ITEM: X C
MEETING DATE: 2/17/2026
TITLE
City of Point Arena Personnel Manual Update

RECOMMENDED ACTION
Approve the revised Personnel Manual

ANALYSIS
The City of Point Arena last updated its Personnel Manual in 2014. Since that time, numerous changes have been made to laws that govern employee management. In 2024, CIRA and Liebert Cassidy Whitmore (LCW) created a template for a comprehensive personnel manual that includes all legal requirements for personnel management.

The attached Personnel Manual is the final draft. The legal justification for each section, included in the January agenda, has been deleted. There are also a few additions that are included in red ink. Staff have not changed any benefit parameters, such as vacation accrual or holidays, which the City Council already approved.

FISCAL IMPACT
None

ATTACHMENTS
City of Point Arena Personnel Manual Revision

CITY MANAGER SIGNATURE
_________________________________
Molly C. Haviland, City Manager

2 City of Point Arena
Personnel Manual
February 2026
3 Table Of Contents
100 INTRODUCTION AND GENERAL INFORMATION POLICIES..........................10 102 Effect and Applicability of Personnel Policies ........................................................................... 10 102.1 No Contract Right; City’s Discretion to Modify These Policies........................................................10 102.2 Applicability of Policies ...................................................................................................................10 102.4 Employee Acceptance of Policies and Revisions to Policies............................................................10 104 Delegation of Authority............................................................................................................ 10 104.1 Delegation of Appointing and Personnel Authority to City Manager.............................................10 104.2 Retention of Personnel Authority as to Certain Personnel.............................................................10 106 Categories of Employees and Non-Employees.......................................................................... 11 106.1 At-Will Employees...........................................................................................................................11 106.2 Probationary Employee...................................................................................................................11 106.3 For-Cause Employee .......................................................................................................................11 106.4 Full or Part-Time Employee.............................................................................................................12 106.5 Temporary or seasonalEmployee ...................................................................................................12 106.6 Volunteer ........................................................................................................................................12 106.7 Independent Contractor .................................................................................................................12 200 EQUAL EMPLOYMENT OPPORTUNITY...................................................................12 202 Equal Employment Opportunity Policy..................................................................................... 11 204 Policy against Discrimination, Harassment and Retaliation; Complaint Procedure................... 13 204.1 Purpose ...........................................................................................................................................13 204.1.1 Covered Individuals and Scope of Policy.........................................................................................13 204.2 Definitions.......................................................................................................................................14 204.2.1 Protected Classification...................................................................................................................14 204.2.2 Protected Activity............................................................................................................................14 204.2.3 Discrimination .................................................................................................................................14 204.2.4 Harassment.....................................................................................................................................14 204.2.4.1 Other Examples of Conduct That Might Constitute Harassment....................................................15 204.2.5 Retaliation.......................................................................................................................................16 204.3 Complaint Procedure ......................................................................................................................16 204.3.1 Proactive Approach.........................................................................................................................17 204.4 Right to File Report with Outside Administrative Agencies............................................................17 204.5 Confidentiality.................................................................................................................................17 204.6 Responsibilities ...............................................................................................................................17 206 Reasonable Accommodation and Interactive Process............................................................... 19 206.1 Reasonable Accommodation ..........................................................................................................19 206.2 Supporting Documentation or Certification ...................................................................................19 206.2.1 Reasonable Medical Documentation of Disability ..........................................................................19 206.2.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions....................................................................................................19 206.2.3 Certification of Victim Status ..........................................................................................................20 206.3 Fitness for Duty Examinations.........................................................................................................20 206.3.1 Applicants........................................................................................................................................20 4 206.3.2 Current Employee ...........................................................................................................................20 206.3.3 Role of Health Care Provider...........................................................................................................21 206.3.4 Authorization for Use of Medical Information................................................................................21 206.4 Interactive Process..........................................................................................................................22 206.4.1 When to Initiate the Interactive Process ........................................................................................22 206.4.2 Interactive Communication ............................................................................................................22 206.4.2.1 Potential Accommodations for Applicants or Employees with Disabilities ....................................23 206.4.2.3 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking............................................................................................................................................24 206.4.2.4 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice ...........................................................................................................................................25 208 Whistleblower Protection ........................................................................................................ 25 208.1 Policy...............................................................................................................................................25 208.2 Policy Coverage...............................................................................................................................26 208.3 Definitions.......................................................................................................................................26 208.4 Complaint Procedure ......................................................................................................................27 300 CLASSIFICATION POLICIES .........................................................................................28 302 Classification Plan..................................................................................................................... 28 302.1 Classification Plan ...........................................................................................................................28 302.2 Reclassification................................................................................................................................28 400 RECRUITMENT, SELECTION, AND APPOINTMENT...........................................28 402 Recruitment, Selection and Appointment Policy ...................................................................... 28 402.1 Job Announcement.........................................................................................................................28 402.2 Application Forms...........................................................................................................................29 402.3 Disqualification of Applications.......................................................................................................29 402.3.1 Criminal Conviction Check ..............................................................................................................29 402.4 Employment Examinations .............................................................................................................29 402.5 Eligibility Lists..................................................................................................................................30 402.6 Appointments .................................................................................................................................30 402.6.1 Probationary Appointment.............................................................................................................31 402.6.2 Probationary Period for Promotional Appointments..............................................................310500 ............................................................Employment of Relatives or Spouses/ Domestic Partners ........................................................................................................................................................32 502 Employment of Relatives, Spouses, Domestic Partners............................................................ 32 502.1 Policy...............................................................................................................................................32 502.2 Definitions.......................................................................................................................................32 502.3 Employment of Relatives................................................................................................................32 502.4 Spouses or Domestic Partners........................................................................................................32 502.5 Marriage or Domestic Partnership after Employment ...................................................................33 600 COMPENSATION AND PAYROLL PRACTICES......................................................33 602 Work Schedules and Attendance.............................................................................................. 33 602.1 Work Schedules...............................................................................................................................33 5 602.2 Meal Period.....................................................................................................................................33 602.3 Rest Period......................................................................................................................................33 602.4 Lactation Break Time and Location.................................................................................................34 602.4.1 Lactation Accommodation ..............................................................................................................34 602.4.2 Storage of Expressed Milk...............................................................................................................35 602.5 Advance Request for Permission to Deviate from Regular Work Hours.........................................35 602.6 Notification of Unforeseen Late Arrival or Absence .......................................................................35 602.7 Unauthorized Absence is Prohibited...............................................................................................35 602.7.1 Unauthorized Absence is Prohibited in the Event of an “Emergency Condition”...........................35 602.8 Excessive Tardiness/Absenteeism and Abuse of Leave ..................................................................36 604 Work Week, Overtime and Compensatory Time Off................................................................. 36 604.1 Work Week .....................................................................................................................................36 604.1.1 Work Week for 9/80 Work Schedule ..............................................................................................36 604.2 Overtime .........................................................................................................................................36 604.2.1 No Remote Access for Overtime-Eligible Employees......................................................................36 604.2.2 Prior Approval Required for Overtime............................................................................................36 604.3 Accurate Time Reporting ................................................................................................................37 604.4 No Volunteering of Work Time .......................................................................................................37 604.5 Compensatory Time Off..................................................................................................................37 700 PERFORMANCE EVALUATION POLICIES..............................................................38 702 Performance Evaluations.......................................................................................................... 38 702.1 Performance Evaluations................................................................................................................38 702.2 Probationary Employee Performance Evaluations .........................................................................38 702.3 Performance Evaluation Meeting ...................................................................................................38 702.4 No Appeal Right ..............................................................................................................................38 800 LEAVES OF ABSENCES ....................................................................................................38 802 Vacation Leave and Holidays.................................................................................................... 38 802.1 Vacation Leave ................................................................................................................................38 802.2 Limitations on Vacation Leave Accrual ...........................................................................................39 802.3 Scheduling of Vacation Leave .........................................................................................................39 802.4 Unused Vacation Leave upon Separation .......................................................................................39 802.5 Holidays...........................................................................................................................................39 802.6 Effect of Holiday on Vacation Leave ...............................................................................................40 802.7 Floating Holidays.............................................................................................................................40 802.8 Pay for Holidays ..............................................................................................................................40 804 Sick Leave................................................................................................................................. 40 804.1 Purposes for Sick Leave...................................................................................................................40 804.2 Terms of Sick Leave.........................................................................................................................41 806 Family and Medical Care Leaves............................................................................................... 42 806.1 Statement of Policy; Concurrent Running of Leave under the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) ................................................................42 806.2 Definitions.......................................................................................................................................42 806.3 Reasons for Leave ...........................................................................................................................47 806.4 Employees Eligible for Leave...........................................................................................................47 6 806.5 Amount of Leave.............................................................................................................................48 806.6 Minimum Duration of Leave ...........................................................................................................48 806.7 Parents Both Employed by the City of Point Arena ........................................................................48 806.8 Employee Benefits While On Leave ................................................................................................48 806.9 Substitution of Paid Accrued Leaves...............................................................................................49 806.9.1 Employee’s Right to Use Paid Accrued Leave Concurrently with Family Leave..............................49 806.9.2 City of Point Arena’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave ...............................................................................................................................................49 806.9.3 City of Point Arena’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently With Other Leaves ..........................................................................................................................50 806.9.4 City of Point Arena’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA..............................................................................................................50 806.10 Medical Certification/ Recertification.............................................................................................50 806.11 Time to Provide a Medical Certification..........................................................................................50 806.12 Consequences for Failure to Provide an Adequate or Timely Certification....................................51 806.13 [Personnel Officer’s] Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition .............................................................................................................................52 806.14 Second and Third Medical Opinions for Employee’s Own Serious Health Condition.....................52 806.15 Intermittent Leave or Leave on a Reduced Leave Schedule ...........................................................52 806.16 Employee Notice of Leave...............................................................................................................53 806.17 Reinstatement upon Return from Leave ........................................................................................53 806.18 Required Forms...............................................................................................................................53 808 Leave Because of Pregnancy, Childbirth, Related Medical Condition, or Reproductive Loss..... 54 808.1 Amount of Leave.............................................................................................................................54 808.2 Notice & Certification Requirements..............................................................................................54 808.3 Compensation during Leave ...........................................................................................................54 808.4 Benefits during Leave......................................................................................................................54 808.5 Reinstatement.................................................................................................................................55 810 Other Leaves ............................................................................................................................ 56 810.1 Management Leave ........................................................................................................................56 810.2 Jury Duty Leave/Subpoenaed or Court-Ordered Witness Leave ....................................................56 810.2.1 Overtime-Eligible Employees..........................................................................................................57 810.3 Other Court or Administrative Proceeding Appearances ...............................................................57 810.3.1 Regarding Agency Duties ................................................................................................................57 810.3.2 Regarding Employee-Initiated Proceedings....................................................................................57 810.3.3 Regarding Crime Victim/Victim Family Member Court Attendance Leave.....................................57 810.3.4 Regarding Crime Victim/Family Member Victims’ Rights Proceedings Leave ................................58 810.4 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief ...........................................................................................58 810.4.1 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning ......................................................................58 810.5 Bereavement Leave ........................................................................................................................59 810.6 Military Leave..................................................................................................................................59 810.7.1 School or Licensed Day Care Activity Leave ....................................................................................59 810.7.2 Child Suspension Leave...................................................................................................................60 810.8 Paid Administrative Leave...............................................................................................................60 810.9 Leave of Absence without Pay Must Be Authorized by Law or these Policies................................60 810.10 Industrial Injury Leave.....................................................................................................................60 810.10.1 Employees Not Covered by Labor Code Section 4850....................................................................60 810.10.1.1 Coordination of Benefits.................................................................................................................61 7 810.10.1.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave ..............................................61 810.10.1.3 Unpaid Leave and Continuation of Health Care Benefits................................................................61 810.11 Time Off to Vote..............................................................................................................................61 900 RESIGNATION, JOB ABANDONMENT, LAYOFF, AND SEPARATION..........61 902 Resignation, Job Abandonment, Layoff and Separation............................................................ 61 902.1 Types of Separation ........................................................................................................................61 902.2 Probationary Release ......................................................................................................................62 902.3 Release of [Seasonal/Temporary/Extra Help Employees] ..............................................................62 902.4 Resignation......................................................................................................................................62 902.5 Retirement......................................................................................................................................62 902.6 Job Abandonment...........................................................................................................................63 902.7 Layoff...............................................................................................................................................63 902.7.1 Order of Layoffs ..............................................................................................................................63 902.7.2 Notification of Layoff ......................................................................................................................63 902.7.3 Displacement ..................................................................................................................................63 902.7.4 Transfer...........................................................................................................................................64 902.7.5 Appeal .............................................................................................................................................64 902.8 Non-Disciplinary Separation ...........................................................................................................64 902.9 Disciplinary Separation ...................................................................................................................64 902.10 Return of City Property ...................................................................................................................64 902.11 Job References/Verification of Employment ..................................................................................64 1000 DISCIPLINE ...........................................................................................................................65 1002 Causes for Discipline and Procedures....................................................................................... 65 1002.1 Causes for Discipline .......................................................................................................................65 1002.2 Types of Counseling, Reprimands and Discipline............................................................................66 1002.3 Discipline Procedures......................................................................................................................68 1002.4 Discipline Appeal Procedures..........................................................................................................69 1100 GRIEVANCES........................................................................................................................72 1102 Grievance Procedures............................................................................................................... 72 1102.1 Definition of a Grievance ................................................................................................................72 1102.2 Statement of the Grievance............................................................................................................72 1102.3 Timelines.........................................................................................................................................72 1102.4 Procedures......................................................................................................................................72 1200 MISCELLANEOUS POLICIES.........................................................................................73 1202 Personnel Files ......................................................................................................................... 73 1202.1 Confidential City of Point Arena Files..............................................................................................73 1202.2 Notification of Changes...................................................................................................................73 1202.3 Access to Applicant or Employee Medical Information ..................................................................73 1202.4 Employee Access to Personnel File.................................................................................................74 1202.5 Limitations on Access or Copying of Personnel File........................................................................74 1204 Limitations on Outside Employment ........................................................................................ 74 8 1204.1 No Outside Employment Without Prior Approval ..........................................................................74 1204.2 Authorization and Appeal Process..................................................................................................75 1204.3 Prohibited Outside Activities ..........................................................................................................75 1204.4 Changes in Outside Employment Status.........................................................................................76 1204.5 Revocation / Suspension of Outside Employment Authorization...................................................76 1204.6 Use of City of Point Arena Equipment Prohibited...........................................................................76 1206 Limitations on Political Activity ................................................................................................ 76 1206.1 No Solicitation During Work Hours or City of Point Arena Offices .................................................76 1206.2 No Targeted Solicitation of City of Point Arena Officers or Employees..........................................76 1206.3 No Political Activity in Uniform.......................................................................................................76 1206.4 No Political Activity on City of Point Arena Property or Work Hours .............................................77 1208 Prohibitions on Drugs and Alcohol in the Workplace................................................................ 77 1208.1 Purpose and Scope..........................................................................................................................77 1208.3 Prohibited Conduct.........................................................................................................................77 1208.4 Drug and Alcohol Testing ................................................................................................................78 1210 Use of City of Point Arena Equipment or Resources ................................................................. 79 1210.1 Policy and Applicability ...................................................................................................................79 1210.2 Agency Equipment or Resources ....................................................................................................79 1210.3 No Expectation of Privacy ...............................................................................................................79 1210.4 Appropriate Use Only -- No Misuse ................................................................................................79 1210.5 City of Point Arena Email Address Must be Used for City of Point Arena Business........................80 1210.6 Incidental Personal Use of City of Point Arena Communications Equipment Permitted................81 1212.1 Safe and Secure Workplace ............................................................................................................81 1212.2 Prohibited Behavior ........................................................................................................................82 1212.3 “Workplace Violence” .....................................................................................................................82 1212.4 Incident Reporting Procedures .......................................................................................................82 1212.5 Investigation....................................................................................................................................83 1212.6 Prevention.......................................................................................................................................83 1214 Appearance Standards ............................................................................................................. 83 1214.1 Basis for Standards..........................................................................................................................83 1214.2 Dress Code ......................................................................................................................................84 1214.3 Tattoos............................................................................................................................................84 1214.4 Piercing............................................................................................................................................84 1216 Teleworking Policy ................................................................................................................... 85 1216.1 Purpose ...........................................................................................................................................85 1216.2 Definitions.......................................................................................................................................85 1216.3 Scope of Policy ................................................................................................................................85 1216.4 Voluntary Teleworking Arrangements............................................................................................85 1216.4.1 Eligibility Criteria .............................................................................................................................86 1216.4.2 Process for an Employee to Request to Telework ..........................................................................86 1216.4.3 Final Determination; No Right to Appeal........................................................................................86 1216.4.4 Approval of Requests; Voluntary Telework Agreement .................................................................86 1216.5 Mandatory Teleworking Arrangements during Exigent Circumstances..........................................86 1216.6 Duties, Obligations and Responsibilities for Teleworking Employees ............................................87 1216.6.1 General Duties, Obligations, and Responsibilities ..........................................................................87 1216.6.2 Work Schedule, Overtime, Leave, Benefits.....................................................................................87 1216.6.3 Space and Equipment, Information Security, Confidentiality.........................................................88 9 1216.6.4 Miscellaneous .................................................................................................................................90 1218 Reimbursable Expenses for Certain Teleworking Employees.................................................... 90 1218.1 Purpose ...........................................................................................................................................90 1218.2 Applicability of Policy to City of Point Arena Employees................................................................90 1218.3 Teleworking Expenses Subject to Reimbursement.........................................................................90 1218.3.1 Process for Requesting Reimbursement for Teleworking Expenses Not Covered Above ..............91 1218.4 Amount of Reimbursement for One-Time and Recurring Expenses...............................................91 1218.6 Amount of Reimbursement for Covered Teleworking Employees Who Do Not Telework on a FullTime Basis .......................................................................................................................................91 1218.7 Requirement that Employee Request Prior Approval for Reimbursable Expenses........................91 1220 Policy on Employee Use of Social Media................................................................................... 91 1220.1 Introduction and Purpose ..............................................................................................................91 1220.2 Covered Individuals and Scope of Policy.........................................................................................91 1220.3 Social Media Use Requirements .....................................................................................................92 1220.4 Social Media Use Best Practices......................................................................................................92 1220.5 Violations of the Social Media Policy ..............................................................................................92 10 100 Introduction and General Information Policies
102 Effect and Applicability of Personnel Policies
102.1 No Contract Right; City’s Discretion to Modify These Policies These Personnel Policies (“Policies”) do not create any contractual rights, or any express or implied employment contract between the City of Point Arena and the individuals covered by these Policies.

The City of Point Arena retains full and exclusive authority and discretion to modify these Policies at any time in accordance with law.
102.2 Applicability of Policies
These Policies shall apply with equal force to all City of Point Arena employees unless expressly exempted or excluded herein.

Independent contractors, volunteers, and City Councilmembers are not City of Point Arena employees, and are therefore not covered by the Policies included herein. 102.3 Employee Acceptance of Policies and Revisions to Policies As a condition of employment, the City of Point Arena requires that each employee read and, if necessary, request clarification regarding these Policies.

Each employee must sign a statement of receipt acknowledging the following: (1) they have received a copy, or has been provided access to the Policies; and (2) they understand that they are responsible for reading and becoming familiar with the contents of the Policies, as they are currently drafted as well as with all subsequent revisions to the Policies. 104 Delegation of Authority
104.1 Delegation of Appointing and Personnel Authority to City Manager The City Council delegates to the City Manager, the authority to authorize employment, establish job responsibilities, and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations and these Policies.

The City Manager may delegate responsibility to another employee to perform personnel actions in accordance with this section.
104.2 Retention of Personnel Authority as to Certain Personnel 11 The City Manager directly reports to the City Council. The City Council retains final authority over all personnel actions related to these employees, as authorized by federal and state laws and regulations and these Policies.
106 Categories of Employees and Non-Employees
106.1 At-Will Employees
An at-will employee is one who serves at the pleasure of the appointing authority, has no property right in continued employment with the City of Point Arena, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

At-will employees include the following employees:
(a) City Manager
(b) Assistant City Manager
(c) Employees whose positions are funded under a federal or state employment program (d) Employees designated as temporary or seasonal
(e) Probationary employees
106.2 Probationary Employee
A probationary employee is an employee who is serving a probationary period after beginning employment with the City of Point Arena or after being promoted to a higher job classification.

During the initial probationary period, a probationary employee serves at the pleasure of the City and has no property right in continued employment, and is not entitled to any pre- or postdisciplinary procedural due process or evidentiary appeal.

A probationary employee serving in the initial probationary period is an at-will employee. 106.3 For-Cause Employee
A for-cause employee is an employee who has satisfactorily completed the initial probationary period or the probationary period after being promoted to a higher job classification and cannot be disciplined, except when the City of Point Arena has cause to do so.

A for-cause employee has a property right in continued employment with the City of Point Arena, and is entitled to pre- and post-disciplinary procedural due process and evidentiary appeals in certain types of disciplinary proceedings that may result in a significant deprivation of property.
12 106.4 Full or Part-Time Employee
A full-time employee is an employee whose position is budgeted to work 40 hours per week.

Full-time employees are entitled to all benefits provided in these Policies.

A part-time employee is an employee whose position is budgeted to work less than 40 hours per week. Part-time employees may have different rights to leave and other benefits under the law or these Policies, depending on the number of hours they work. 106.5 Temporary or Seasonal Employee
A temporary or seasonal employee is an at-will employee who is not appointed from an eligible list, but on a short term or seasonal basis that is not to exceed six (6) months.

A temporary or seasonal employee serves at-will, at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
106.6 Volunteer
A volunteer is not a City of Point Arena employee, but is instead an individual who provides services to the City of Point Arena for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses.

A volunteer serves at-will and at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

All volunteers must complete a volunteer application form before assigned any volunteer work duties.
106.7 Independent Contractor
An independent contractor is not a City of Point Arena employee, and serves solely pursuant to a contract entered into by the City of Point Arena pursuant to the City’s purchasing policies and procedures.
200 Equal Employment Opportunity
202 Equal Employment Opportunity Policy
The City of Point Arena affords equal employment opportunity for all qualified employees and applicants to all terms of employment with the City of Point Arena, including, but not limited to, compensation, hiring, training, promotion, transfer, discipline and termination. 13 The City of Point Arena prohibits discrimination against employees and applicants for employment on the basis of the employee or applicant’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status or any other basis protected by law.

Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or abusive conduct are encouraged to report the conduct immediately by using the complaint procedures provided in these Policies, or by contacting the Equal Employment Opportunity Commission (“EEOC”), or the Civil Rights Department (“CRD”). 204 Policy against Discrimination, Harassment and Retaliation; Complaint Procedure
204.1 Purpose
The City of Point Arena is committed to preventing discrimination, harassment and retaliation in the workplace.

The City of Point Arena has zero tolerance for any conduct that violates this policy. Conduct need not violate either federal or state law in order to constitute a violation of this policy.

A single act by a City of Point Arena employee may constitute a violation of this policy and provide sufficient grounds for the City of Point Arena to discipline the City employee.

This policy establishes a complaint procedure by which the City of Point Arena will investigate and resolve complaints of discrimination, harassment, and retaliation by and against City of Point Arena covered individuals. The City of Point Arena encourages all covered individuals to report any conduct that they believe violates this policy as soon as possible.

The City of Point Arena expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this policy will be subject to appropriate sanction or disciplinary action, up to and including termination.
204.1.1 Covered Individuals and Scope of Policy
This policy covers the following individuals: applicants for employment at the City of Point Arena; City of Point Arena employees regardless of rank or title; elected or appointed officials of the City of Point Arena; interns; volunteers; and contractors.

This policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training. 14 204.2 Definitions
204.2.1 Protected Classification
This policy prohibits discrimination, harassment or retaliation because of an individual’s protected classification.
“Protected Classification” includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status, or any other basis protected by law.

This policy prohibits discrimination, harassment or retaliation for the following reasons: (1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.
204.2.2 Protected Activity
This policy prohibits discrimination, harassment, and retaliation because of an individual’s protected activity.

Protected activity includes, but is not limited to, the following activity: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this policy; (4) opposing violations of this policy; or (5) participating in an investigation under this policy.
204.2.3 Discrimination
This policy prohibits treating a covered individual differently and adversely because of the individual’s actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a protected classification; or because the individual participates in a protected activity as defined in this policy. 204.2.4 Harassment
This policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(a) Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal propositions made on the basis of the individual’s protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race. (b) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes, but is not limited to, 15 pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.
(c) Visual acts, such as derogatory, offensive or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification. (d) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment. 204.2.4.1 Other Examples of Conduct That Might Constitute Harassment Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. Harassment may include the following:
(a) Conduct that is not intended as to harass. Conduct may violate this policy if the conduct is directed at, or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if its well-intentioned conduct (e.g., gifts, overattention, endearing nicknames, hugs). (b) Conduct to which the recipient appears to have consented. The City of Point Arena does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.
(c) Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated.
(d) Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment of a third party witnesses such conduct or learns about the conduct later and finds the conduct to be offensive or inappropriate. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual. (e) Conduct can constitute harassment even if the individual has no intention to harass.

Conduct that may be well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs) may nevertheless constitute harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds such conduct inappropriate or offensive.
16 204.2.5 Retaliation
Retaliation occurs when an employer takes adverse action against a covered individual because of the individual’s protected activity as defined in this policy. “Adverse action” may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination. 204.3 Complaint Procedure
A covered individual who believes they have been subjected to discrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor or manager or to the City Manager without regard to any chain of command.

Any supervisory or management employee who receives a harassment complaint should immediately notify the City Manager. Upon receiving notification of a complaint regarding discrimination, harassment or retaliation, the City Manager or their designee will complete and/or delegate the following steps:
(a) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with the following individuals: (1) the complainant; (2) the accused (i.e., the subject of the investigation); (3) witnesses to the conduct at issue in the complaint; and (4) other persons who have relevant knowledge concerning the allegations in the complaint. (b) Review the factual information gathered during the investigation to determine whether the alleged conduct violated the policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
(c) Prepare a summary report of the determination as to whether the conduct violated this policy and provide such report to the appointing authority (i.e., City Manager). If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
(d) If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
(e) Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
17 If the City Manager is accused, the Mayor and City Attorney will complete and/or delegate the above enumerated steps.
204.3.1 Proactive Approach
The City of Point Arena takes a proactive approach to potential policy violations and will conduct an investigation if its employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.
204.4 Right to File Report with Outside Administrative Agencies An individual possesses the right to report workplace harassment, discrimination or retaliation to the EEOC and/or the CRD.

These administrative agencies provide a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred.

The nearest EEOC and CRD offices are listed on the internet and in the government section of the telephone book. Employees may also check the posters that are located on City of Point Arena bulletin boards for EEOC and CRD office locations and telephone numbers. 204.5 Confidentiality
The City of Point Arena will make every effort to assure the confidentiality of complaints made under this policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City’s need to investigate the complaint and provide the subject of the complaint their due process rights, which include providing the subject of the investigation a copy of the complaint after the initial investigatory interview, if requested.

The City of Point Arena expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.

The City of Point Arena will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
204.6 Responsibilities
(a) Each employee is responsible for the following:
1) Treating all individuals in the workplace or on City of Point Arena worksites with respect and consideration.
2) Modeling behavior that conforms to this policy.
18 3) Participating in periodic trainings on personnel matters. 4) Cooperating with the City’s investigations pursuant to this policy by responding fully and truthfully and in a timely manner to all questions posed during the investigation. 5) Taking no actions to influence the complainant or any potential witness while the City’s investigation is ongoing.
6) Reporting any act they believe in good faith constitutes harassment, discrimination or retaliation as defined in this policy to the City Manager. (b) In addition to the responsibilities listed above, each supervisor is responsible for the following:
1) Informing employees under their supervision of this policy. 2) Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language).
3) Receiving and responding to complaints in a uniformly fair and serious manner. 4) Documenting the steps taken to resolve such complaints. 5) Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation.
6) Informing those who complain about harassment and/or discrimination of their option to contact the EEOC or CRD and file a complaint about such activity. 7) Assisting and/or advising employees regarding this policy. 8) Assisting in the investigation of complaints involving subordinate employee(s). 9) Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
10) Implementing appropriate corrective or disciplinary actions. 11) Reporting potential violations of this policy to the City Manager, regardless of whether an employee complained about such conduct.
19 12) Participating in periodic training and scheduling employees for training. 206 Reasonable Accommodation and Interactive Process
206.1 Reasonable Accommodation
Absent the imposition of undue hardship to the City of Point Arena or its operations or the existence of a direct threat to either the health and safety of employee requesting the accommodation or others, the City of Point Arena will provide employment-related accommodations to the following employees and applicants for employment:
(a) Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
(b) Employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider; and (c) Employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and
(d) Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement. 206.2 Supporting Documentation or Certification
206.2.1 Reasonable Medical Documentation of Disability
If the disability or the need for reasonable accommodation is not obvious, the City of Point Arena may require the individual requesting such accommodation to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the City of Point Arena will do the following: (1) explain the insufficiency of the documentation provided; (2) allow the employee or applicant to supplement the documentation in order to remedy the issue with the documentation provided; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided. 206.2.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions
If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation or transfer due to pregnancy, the City of Point Arena will provide the employee with notice of the need for a medical certification within two business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains: (1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the 20 accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.
206.2.3 Certification of Victim Status
An employee who is a victim of domestic violence, sexual assault, or stalking and who requests an accommodation to provide for their safety while at work must provide both of the following:
(a) A written statement signed by the employee or an individual acting on the employee’s behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
(b) A certification demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report indicating the employee’s victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking.
206.3 Fitness for Duty Examinations
206.3.1 Applicants
After the City of Point Arena extends a conditional offer of employment to an applicant, the City of Point Arena may require the applicant to submit to a fitness for duty examination that is job-related, necessary for efficient operations of the agency, and required of all applicants for the job classification. The City of Point Arena will notify an applicant or employee who is required to pass a medical and/or psychological examination of their right to obtain a second opinion at their expense and that he/she may submit such second opinions for consideration. 206.3.2 Current Employee
The City Manager may require an employee to submit to a fitness for duty examination in order to determine whether the employee has a disability and is able to perform the essential functions of their job when there is significant evidence of the following:
(a) The employee’s ability to perform one or more essential functions of their job has declined; or
(b) Could cause a reasonable person to question whether an employee is still capable of performing one or more of their essential job duties, or is still capable of performing those duties in a manner that does not harm themselves or others. Employees working with heavy equipment and/or machinery shall take an annual drug test. City positions 21 covered by this requirement include all Wastewater employees, Pier employees, and Streets employees.
206.3.3 Role of Health Care Provider
The City of Point Arena may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee, or may request a City of Point Arena-selected health care provider to do so at the City of Point Arena’s expense. The City of Point Arena will allow an employee paid time off to attend the exam. The City of Point Arena will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City of Point Arena with non-confidential information regarding whether:
(a) The applicant or employee has a disability within the meaning of the FEHA; (b) The applicant or employee is fit to perform essential job functions; (c) Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations; (d) There are any reasonable accommodations that would enable the employee to perform essential job functions; and
(e) The employee’s continued employment poses a threat to the health and safety of themselves or others.

Should the health care provider exceed the scope of the City of Point Arena’s request and provide confidential health information, without valid consent of the applicant or employee, the City of Point Arena will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City of Point Arena has requested.
206.3.4 Authorization for Use of Medical Information
During the course of a fitness for duty examination, the City of Point Arena will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.
206.3.5 Medical Information from the Employee or Applicant If an employee or applicant submits medical information to the City of Point Arena from their own health care provider, the City Manager will not forward that information on to the health 22 care provider who conducted the examination for the City of Point Arena, without the employee or applicant’s written authorization.

Upon receipt of the written authorization, the City Manager will request the City of Point Arena-paid health care provider to determine whether the information alters the original fitness for duty assessment.
206.4 Interactive Process
206.4.1 When to Initiate the Interactive Process
The City Manager will initiate the interactive process when:
(a) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s);
(b) The City of Point Arena otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor’s note requesting an accommodation), or by observation of the employee’s work;
(c) The City of Point Arena becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers’ compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee’s health care provider indicate that further accommodation is still necessary for recuperative leave or other accommodation;
(d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider; (e) An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave;
(f) An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work;
(g) An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or (h) An employer is aware of the need for a reasonable accommodation for an employee or applicant’s religious beliefs, observance or practices. 206.4.2 Interactive Communication
After the occurrence of any of the above-stated circumstances that trigger the need to conduct an interactive process meeting, the City Manager will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the applicant or employee and their 23 designated representative, (if any). The purpose of the interactive communications will be to discuss in good faith all feasible potential reasonable accommodations. The City Manager will document these communications in writing.
206.4.2.1 Potential Accommodations for Applicants or Employees with Disabilities Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City of Point Arena will consider accommodations that the applicant or employee suggests, but has the right to select and implement any reasonable accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to, the following:
(a) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including, but not limited to, the following: acquisition or modification of equipment or devices; adjustment or modifications of examinations, training materials or policies; and/or the provision of qualified readers or interpreters; (b) Job restructuring;
(c) Part-time or modified work schedules;
(d) Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave;
(e) Preferential consideration to reassignment to a vacant, comparable position, except when such preference would violate a bona fide seniority system; (f) Reassignment to a vacant lower-paid position if there is no funded, vacant comparable position for which the individual is qualified for; or
(g) Reassignment to a temporary position, if the individual agrees. 206.4.2.2 Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions
Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is reasonable is a case-bycase analysis that takes into account several factors, including, but not limited to: the employee’s medical needs; the duration of the needed accommodation; and the employer’s legally permissible past and current practices. The range of potential accommodations includes, but is not limited to, the following:
24 (a) Transfer to a less strenuous or hazardous position for the duration of the pregnancy; (b) Change in or restructuring of work duties, such as modifying lifting requirements; (c) Providing more frequent breaks;
(d) Providing seating;
(e) Time off for medical appointments; and
(f) Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. However, a reduction in work hours may be considered a form of pregnancy disability leave and deducted from the employee’s four (4) month pregnancy disability leave entitlement.
206.4.2.3 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City of Point Arena will consider the exigent circumstance or danger facing the employee. The City of Point Arena will consider the preferences of the employee to be accommodated, but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to, the following:
(a) Transfer, reassignment, modified schedule;
(b) Change in work telephone number;
(c) Change in location of work station;
(d) Installation of locks;
(e) Assistance in documenting domestic violence, sexual assault, stalking, or a crime that occurs in the workplace;
(f) The implementation of a safety procedure(s);
(g) Adjustment to job structure, workplace facility, or work requirement; and (h) Referral to a victim assistance organization.
25 206.4.2.4 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City of Point Arena will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes, but is not limited to, the following:
(a) Job restructuring or job reassignment (but not segregation from other employees or the public);
(b) Modification of work practices, including dress or grooming; (c) Allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with their religious observances; and (d) Allowing alternatives to union membership or payment of union dues. 206.4.3 Determination
After the interactive process communications, the City Manager will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City of Point Arena finances or operations. The City Manager will inform the applicant or employee of their determination in writing. The City Manager will use their discretion based upon the particular facts of each case.
206.5 Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information. Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the City Manager, the City of Point Arena’s legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to federal and state law.
208 Whistleblower Protection
208.1 Policy
26 The City of Point Arena prohibits all of the following conduct by City of Point Arena employees:
(a) Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City of Point Arena, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; (b) Preventing an employee from disclosing information to a government agency, including to the City of Point Arena, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation;
(c) Retaliating against an employee for refusing to participate in any activity that would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; and
(d) Retaliating against an employee because the employee’s family member has, or is perceived to have engaged in any of the protected activities listed in (a)-(c) above. 208.2 Policy Coverage
This policy governs and protects City of Point Arena officials, officers, employees, seasonal/temporary/extra help employees, or applicants for employment. 208.3 Definitions
“Protected activity” means any of the following activities:
(a) Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates federal or state law or a violation or noncompliance with a local, state, or federal rule or regulation;
(b) Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation in to alleged unlawful activity; (c) Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity;
(d) Associating with another covered individual who is engaged in any of the protected activities enumerated here;
(e) Making or filing in good faith and with reasonable cause an internal complaint with the City of Point Arena regarding alleged unlawful activity; 27 (f) Providing informal notice to the City of Point Arena regarding alleged unlawful activity; (g) Calling a governmental agency’s “whistleblower hotline” in good faith; (h) Filing a written complaint under penalty of perjury that the City of Point Arena has engaged in gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety; and
(i) Refusing to participate in any activity that the employee reasonably believes would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation.
“Adverse action” means, but is not limited to, the following actions:
(a) Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity; (b) Refusing to hire an individual because of actual or potential protected activity; (c) Denying promotion to an individual because of actual or potential protected activity; (d) Taking any form of disciplinary action because of actual or potential protected activity; (e) Extending a probationary period because of actual or potential protected activity; (f) Altering work schedules or work assignments because of actual or potential protected activity;
(g) Condoning hostility and criticism of co-workers and third parties because of actual or protected activity;
(h) Spreading rumors about a person because of that person’s actual or perceived protected activity; and
(i) Shunning or unreasonably avoiding a person because of that person’s actual or perceived protected activity.
208.4 Complaint Procedure
An applicant, employee, or seasonal/temporary employee who feels they have been retaliated against in violation of this policy should immediately report the conduct according to the complaint procedure in the City’s policy against discrimination, harassment or retaliation so that the complaint can be resolved fairly and quickly. Supervisors and managers have the same responsibilities as defined in the policy against discrimination, harassment or retaliation. 28 300 Classification Policies
302 Classification Plan
302.1 Classification Plan
The City Manager shall ascertain and record the duties and responsibilities of all positions and shall recommend a classification plan, including job descriptions, for such positions. The plan and any revisions thereof shall become effective upon approval of the City Manager.

Following the approval of the classification plan, the City Manager shall allocate every position to one of the classifications established by the plan.

When a new position is created, such position may not be filled, until the classification plan has been amended to provide for the new position.
302.2 Reclassification
The City Manager may initiate a job audit to determine whether the duties of a position have changed to such an extent that they necessitate reclassification of the position from the existing classification to a more appropriate classification. Upon completion of the job audit, the City Manager shall make a recommendation regarding reclassification to the City Council or City Manager.
400 Recruitment, Selection, and Appointment
402 Recruitment, Selection and Appointment Policy
402.1 Job Announcement
The City Manager will prepare a job announcement to announce a proposed recruitment. The announcement may be posted on the City of Point Arena’s website and other locations the City Manager deems appropriate, depending upon whether the recruitment is open to the public or current employees only.

The announcement will include the following:
(a) The title and pay scale for the position;
(b) The nature of the work to be performed and essential job duties of the position; (c) The minimum qualifications, including whether the job is a promotional position; (d) A statement of the employment status of the position – for cause or at-will; 29 (e) The last date that the City Manager will accept applications, if any; (f) The time, place, and type of the examination, if known, and if a medical examination, and/or a drug screen will be required following a conditional offer of employment. -+All applicants for positions that require working with heavy machinery, heavy equipment, and City vehicles shall have a mandatory drug screen. These positions include all Wastewater, Pier and Street operations; and
(g) Such other information as determined in the discretion of the City Manager. 402.2 Application Forms
Job applications shall require information describing an individual’s training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including, but not limited to, the following: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed, physically or electronically, by the person applying. The City Manager will not process any application which is not fully completed and signed. Should an applicant be appointed to a position, the supplemental information shall become a part of the individual’s permanent employment records.
402.3 Disqualification of Applications
The City Manager may reject any application which: is not properly completed or incomplete; received after the application deadline; or indicates that the applicant does not meet the minimum qualifications for the position. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant.
402.3.1 Criminal Conviction Check
After the City of Point Arena makes a conditional offer of employment, the City Manager may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City of Point Arena will not deny employment to any applicant solely because they have been convicted of a crime. The City of Point Arena may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. 402.4 Employment Examinations
(a) The City Manager will determine the manner and methods of administering employment examinations. Examinations may consist of: written tests; oral tests; performance tests; evaluations of prior training and performance, experience and/or education; interviews; working style assessments; practical exercises; file review; or any combination thereof. 30 The content of all examinations will be job-related and designed to test knowledge, skills or abilities that help predict successful completion of job duties. (b) The content of all examinations will be kept confidential prior to the administration of the examination. All applicants who are invited to the examination will be notified of the nature of the examination.
(c) An applicant with a disability may request accommodation in an examination process.

Following receipt of a request for accommodation, the City Manager may require additional information, such as reasonable documentation of the existence of a disability. (d) Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination.

Each applicant will be notified by mail whether they will continue in the examination process.
(e) Applicants who meet the minimum qualifications and pass all examinations may be subject to a background and/or reference check.
(f)
402.5 Eligibility Lists
(a) After completion of an open or promotional examination for a classification, the City Manager will prepare an eligibility list consisting of the names of candidates who passed the examination. Eligibility lists shall become effective upon the certification by the City Manager.
(b) A person appearing on an eligible list will be mailed or emailed notice of their placement on the list.
(c) A person placed on an eligibility list shall be removed from the list if they so request in writing or fails to respond to notification of an opening within five days after notification.

It is the responsibility of the eligible person to keep the City Manager informed of their current physical or email address, or phone number.
402.6 Appointments
(a) The City Manager will make all appointments except for those classifications that report to the governing body. The City Manager has discretion to decide in what manner a vacancy shall be filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of temporary/seasonal employees, or from an appropriate eligibility list if available. No specific list shall have priority over other lists. The City Council will make appointments for those classifications that report to it. 31 (b) When a position is to be filled from a promotional or open eligibility list, the City Manager may choose from the specified list one of the top three candidates on the eligibility list. If no person among the top three candidates indicates a willingness to accept the appointment, the City Manager may make the appointment from among the remaining names on the eligibility list, may request a new examination and establish a new eligibility list, or may fill the position by any other method authorized by these Policies.
(c) Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made.
(d) The person accepting appointment shall report to the City Manager or designee on the date designated by the City Manager. Otherwise, the applicant shall be deemed to have declined the appointment.
402.6.1 Probationary Appointment
(a) At-Will Status: The probationary period is part of the examination process and is used to determine whether work performance or work-related behavior meets the required standards of the position. A probationary employee may be rejected at any time during the probationary period with or without cause or reason, without notice or appeal or grievance. The probationary employee will be notified prior to the expiration of the probationary period that they have been rejected from probation. (b) Length of Probation: The probationary period is 12 months, 2080 hours of actual and continuous service. The probationary period is automatically extended by the length of any absence of one workweek or more. The probationary period can also be extended by the City of Point Arena at the discretion of the City Manager or their designee. 402.6.2 Probationary Period for Promotional Appointments (a) At-Will Status: A promotional probationary employee may be rejected at any time during the promotional probationary period with or without cause or reason, without notice or appeal or grievance. If the employee fails to satisfactorily complete the probationary period in the promotional position, the employee may return to the position held prior to promotion at the range and step held prior to promotion, if there is a vacancy in the prior position, unless they are terminated for cause.
(b) Length of Probation: On accepting a promotion, an employee serves a new probationary period of six (6) months of actual and continuous service. The probationary period is automatically extended by the length of any absence of a week or more. 32 500 Employment of Relatives or Spouses/ Domestic Partners 502 Employment of Relatives, Spouses, Domestic Partners 502.1 Policy
The City of Point Arena regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.
502.2 Definitions
(a) “Relative” means child, step-child, parent, grandparent, grandchild, brother, sister, halfbrother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.
(b) “Spouse” means one of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by state law. (c) “Supervisory relationship” means one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City of Point Arena appointment. 502.3 Employment of Relatives
The City of Point Arena will not appoint, promote or transfer a person to a position within the same department, division, or facility in which the person’s relative already holds a position, if any of the following would result:
(a) A direct or indirect supervisory relationship between the relatives; (b) The two employees having job duties which require performance of shared duties on the same or related work assignment;
(c) Both employees having the same supervisor; or
(d) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.
502.4 Spouses or Domestic Partners
The City of Point Arena will not appoint, promote, or transfer a person, to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following:
33 (a) One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
(b) Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships. 502.5 Marriage or Domestic Partnership after Employment (a) Transfer: If two City of Point Arena employees who work in the same department later become spouses or domestic partners, the City Manager has discretion to transfer one of the employees to a similar position in another department. Although the wishes of the two employees will considered, the City Manager retains sole discretion to determine which employee will be transferred based upon City of Point Arena needs for supervision, safety, security or morale. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or postdisciplinary appeal due process. (b) Separation: If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the City Manager finds to be consistent with the City of Point Arena’s interest in the promotion of supervision, safety, security, or morale, then the City Manager retains sole discretion to separate one employee from City of Point Arena employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process. 600 Compensation and Payroll Practices
602 Work Schedules and Attendance
602.1 Work Schedules
Work schedules are determined at the discretion of the City Manager and are subject to change with or without notice, according to the needs of the department or City of Point Arena. An overtime-eligible employee shall be in attendance and at work during the hours specified by the supervisor.
602.2 Meal Period
A one (1) hour non-compensated meal period will be provided to all full-time, overtime-eligible employees who work at least an eight-hour work day. A 30-minute non-compensated meal period will be provided to all overtime-eligible full-time employees who work more than five (5) hours, but less than eight (8) hours during the workday. Overtime-eligible employees are responsible for taking their meal period at a time designated by the supervisor. 602.3 Rest Period
34 A 15-minute compensated rest period will be provided to all overtime-eligible employees for each four-hour period of service. The rest period shall be taken at a time designated by the employee’s supervisor. Rest periods may not be combined to shorten the workday or to extend the meal period.
602.4 Lactation Break Time and Location
The City of Point Arena will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid or the employee may choose to use accrued leave.

Those desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.

The City of Point Arena will provide a room or other appropriate location in close proximity to the employee’s worksite that is not in a bathroom to express milk in private. The room or location will meet the following requirements:
(a) Be shielded from view and free from intrusion while being used to express milk; (b) Be safe, clean, and free of hazardous materials;
(c) Contain a surface on which to place a breast pump and personal items; (d) Contain a place to sit; and
(e) Have access to electricity needed to operate an electric battery-powered breast pump.

An employee occupying such private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.

The City of Point Arena will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area. 602.4.1 Lactation Accommodation
An employee may make a request for lactation accommodation, either orally or in writing, to the City Manager.
35 Following receipt of a request for lactation accommodation, the City of Point Arena will provide a timely written response to the employee in which the City of Point Arena will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.

An employee who does not believe that the City of Point Arena is providing an appropriate lactation accommodation should immediately inform the City Manager.

An employee who does not believe that the City of Point Arena is providing an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner. 602.4.2 Storage of Expressed Milk
Any employee storing expressed milk in any authorized refrigerated area within the City of Point Arena shall clearly label it as such. No expressed milk shall be stored at the City of Point Arena beyond the employee’s work day/shift.
602.5 Advance Request for Permission to Deviate from Regular Work Hours An overtime-eligible employee is required to seek advance permission from their supervisor for any foreseeable absence or deviation from regular working, break, and meal times. 602.6 Notification of Unforeseen Late Arrival or Absence An overtime-eligible employee who is unexpectedly unable to report for work as scheduled must notify their immediate supervisor no later than the beginning of the employee’s scheduled work time and report the expected time of arrival or absence. If an immediate supervisor is not available, the employee must notify the City Manager.
602.7 Unauthorized Absence is Prohibited
Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. An overtime-eligible employee who fails to timely notify the City Manager of any absences as required by this policy, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence. 602.7.1 Unauthorized Absence is Prohibited in the Event of an “Emergency Condition” In the event of an “emergency condition,” the City of Point Arena designates all employees as Disaster Service Workers, and expects such employees to report to their workplace or worksite and not to leave such workplace or worksite.

As used in this policy, “emergency condition” means the existence of either of the following: (1) 36 Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or (2) An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.
602.8 Excessive Tardiness/Absenteeism and Abuse of Leave Excessive tardiness occurs when an overtime-eligible employee who, without authorization, is late to work or late to return from breaks more than three times during any 30-day period.

Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by federal or state law, exceeds three (3) days in any three (3) month period. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination.

Abuse of leave is a claim of entitlement to leave when the employee does not meet the requirements for taking the leave, and may be grounds for discipline, up to and including termination. Should the City of Point Arena suspect that there is an abuse of leave by an employee, the City of Point Arena may require that the employee submit a physician’s certificate to support the absence. 604 Work Week, Overtime and Compensatory Time Off
604.1 Work Week
The workweek begins at 12:00 a.m. on Monday and ends at 11:59 p.m. on Sunday, except for employees on a 9/80 work schedule.
604.1 Work Week for 9/80 Work Schedule
Employees working a 9/80 work schedule will have a regular day off every other week as determined by the City of Point Arena. For employees working a 9/80 work schedule, each employee’s designated work week shall begin exactly four hours after the start of their eight (8) hour shift on the day of the week that corresponds to the employee’s alternating regular day off. 604.2 Overtime
Overtime is all hours an overtime-eligible employee actually works over 40 hours in their designated work week. Only actual hours worked will be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay; paid leave will not be counted. Overtimeeligible employees who are directed to work overtime must do so. 604.2.1 No Remote Access for Overtime-Eligible Employees Unless the City Manager specifies otherwise in writing, overtime-eligible employees may not have remote access to City of Point Arena equipment, resources, or email. 604.2.2 Prior Approval Required for Overtime
37 Overtime-eligible employees are not permitted to work overtime except as directed and authorized by the City Manager. Working overtime without prior authorization or approval is grounds for discipline. In emergency situations that necessitate working overtime, the employee must notify the City Manager as soon as possible, and in no event later than the end of that day upon which the emergency occurred. If the City Manager denies the request to work overtime, the employee must obey the directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination, for violating the overtime approval procedures. 604.3 Accurate Time Reporting
All employees must accurately report all work time to the nearest five (5) minutes. 604.4 No Volunteering of Work Time
All time spent for the benefit of the City of Point Arena must be reported as hours worked on time records so that the employee is paid for all work. Overtime-eligible employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties. Employees have no authorization to work without compensation. No supervisor has authority to request overtime-eligible employees to volunteer work time. 604.5 Compensatory Time Off
An overtime-eligible employee may opt to accrue compensatory time-off (“CTO”) in lieu of cash payment for overtime worked if their supervisor agrees prior to overtime work being performed. (a) Accrual Rate: CTO accrues at the rate of one and one-half (1.5) hours for each hour, or fraction thereof, worked after 40 hours of actual work within the employee’s designated work week. Time in paid leave status does not count toward CTO. CTO cannot be accumulated in excess of [80] hours at any given time.
(b) Employee Request to Use CTO: The City of Point Arena will grant an employee’s request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption to department operations; and (2) the employee makes the request in writing to the supervisor no later than five days prior to the date requested. If the employee does not provide five days’ notice, or if the department cannot accommodate the time off without undue disruption, the City of Point Arena will provide the employee the opportunity to cash out the amount of CTO requested at the end of the current pay period.
(c) City of Point Arena Cash Out: The City of Point Arena reserves the right to cash out accumulated CTO at any time.
(d) Value of CTO Cash Out: During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays). Employees separating from City of Point Arena service shall be 38 compensated for all accrued, unused compensatory hours at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior three years, whichever is higher.
700 Performance Evaluation Policies
702 Performance Evaluations
702.1 Performance Evaluations
A non-probationary employee’s supervisor will prepare and sign a performance evaluation on an City of Point Arena form for each performance evaluation period. The City Manager will review and approve all performance evaluations of subordinates in their department. The City Council will complete all performance evaluations of City Manager or any other employees under their direct supervision. Additional performance evaluations may be prepared at any time the City Manager deems necessary.
702.2 Probationary Employee Performance Evaluations
On or about the completion of six (6) months of a probationary period, and again at any point prior to separation or the successful completion of the probationary period, the probationary employee’s supervisor will prepare and sign a performance evaluation. The purpose of the probationary performance evaluation is to chart the probationer’s progress toward meeting the standards of their position.
702.3 Performance Evaluation Meeting
The supervisor will meet with the employee to discuss the evaluation. The employee shall sign the evaluation to acknowledge its contents and that they have met with their supervisor to discuss the evaluation. The employee’s signature shall not mean that they endorse the contents of the evaluation.
702.4 No Appeal Right
An employee does not have the right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file. The written statement must be submitted within 10 days after the employee receives the evaluation.
800 Leaves of Absences
802 Vacation Leave and Holidays
802.1 Vacation Leave
39 Eligible full-time and part-time employees, with the exception of temporary or seasonal employees earn vacation leave while in paid status until they reach the applicable vacation accrual cap. Employees accrue vacation time according to their full or part-time status and the number of consecutive years the employee has worked for the City of Point Arena as follows:
(a) Full-Time Employee Accrual Rate:

Vacation Accrual based on FTE
Year of Services Completed Maximum Annual Accrual
0 thru 3 80 Hours
4 thru 5 100 Hours
6 thru 7 120 Hours
8 thru 9 140 Hours
10 or more 160 Hours
(b) Part-Time Employee Accrue Pro-rated Vacation:

Part-time employees who are budgeted to work at least 20 hours per week earn vacation leave while in paid status in a pro-rated amount based upon the accrual applicable to full time employees. Once a part-time employee reaches the pro-rated accrual cap, they stop earning vacation.
802.2 Limitations on Vacation Leave Accrual
No employee may accrue more than the equivalent of two (2) times the employee’s annual vacation leave accrual rate, or for part-time employees, the equivalent of two (2) times the prorated accrual rate. When an employee reaches the equivalent of two (2) times the employee’s annual vacation leave accrual rate, he/she shall cease earning vacation leave until their leave balance falls below the equivalent of two (2) times the employee’s annual vacation leave accrual rate. Vacation leave will not accrue during leaves of absence without pay unless required by law. 802.3 Scheduling of Vacation Leave
Vacation leave may not be used until it is earned. The employee and the City Manager will schedule the times when an employee may take vacation leave. The scheduling will be based on the employee’s preference and the City’s operational needs. An employee shall provide a minimum of one week’s written advance notice, unless waived by the City Manager, when requesting vacation time off. The City of Point Arena may, at its discretion, require an employee to use accrued vacation.
802.4 Unused Vacation Leave upon Separation
Any employee separating from the City of Point Arena who has accrued vacation leave shall be paid for all accrued vacation at their rate of pay at the time of separation. 802.5 Holidays
40 Full-time employees, except temporary or seasonal employees, receive the holidays listed below with pay.

If New Year’s Day, Independence Day, or December 25th fall on a Sunday, the Monday following shall be treated as the holiday. If any of those three (3) holidays falls on a Saturday, the preceding workday shall be treated as the holiday. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave. • New Year’s Day
• Martin Luther King’s Birthday
• President’s Day
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veterans Day
• Thanksgiving Day
• Day After Thanksgiving Day
• Christmas Eve
• Christmas Day
802.6 Effect of Holiday on Vacation Leave
If one or more holidays falls within a vacation leave that an eligible full time employee is taking, such holiday shall not be charged as vacation leave. Full time employees on a 9/80 work schedule, however, do not receive any holiday pay for a holiday that falls on the regular day off.
802.7 Floating Holidays
Full time employees who are entitled to holidays receive one (1) floating holidays per calendar year that must be used during that year. Any time not used will be cashed out on the last pay period of the calendar year.
802.8 Pay for Holidays
Employees entitled to paid holidays or floating holidays shall be paid for the number of hours the employee was scheduled to work had it not been a holiday or floating holiday. An overtimeeligible employee who is required to work on a holiday will receive holiday pay and pay for the actual time worked on the holiday.
804 Sick Leave
804.1 Purposes for Sick Leave
Sick leave is paid leave from work that an employee may use for the following purposes:
41 (a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling; or
(b) Diagnosis, care, or treatment of an existing health condition of, or preventative care for a “designated person”; or
(c) For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities: (1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety. 804.2 Terms of Sick Leave
(a) Accrual & Carryover for Different Categories of Employees:
1) Full time employees who are not seasonal/temporary accrue eight (8) hours of sick leave for each calendar month of paid status. Accrued sick leave carries over from year to year. No accrual limit applies.
2) A part-time/seasonal/temporary employee who works 30 or more days within a year from the commencement of employment with the City of Point Arena accrues one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but a parttime/seasonal/temporary employee stops earning sick leave once they have accrued 80 hours or 10 work days/shifts of such leave, whichever is greater. (b) Sick Leave Use
An employee may use accrued sick leave, in a minimum increment of two hours, beginning on the 90th day after the first day of employment with the City of Point Arena, subject to the limits and request provisions in this policy.

Protected Sick Leave:

An employee's use of paid sick leave provided pursuant to the Labor Code is protected leave.
(c) Sick Leave Request: To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice.

If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be 42 absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave. (d) Certification: The City of Point Arena may require that employees provide a physician’s certification to support any absence that involves the illness of the employee or family member if the City of Point Arena suspects that there is an abuse of sick leave by the employee. All employees, including seasonal or temporary, who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter.
(e) Sick Leave on Separation from Employment: Unused sick leave is not cashed out upon termination, resignation, retirement, or other separation from employment. (f) Sick Leave Reinstatement: If an employee separates and is rehired within one (1) year from separation, accrued (or front-loaded) and unused sick leave, to a maximum of 10 days or 80 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City of Point Arena may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City of Point Arena must work the remaining amount of the 90 day-qualifying period to be able to use accrued (or front-loaded) sick leave. 806 Family and Medical Care Leaves
806.1 Statement of Policy; Concurrent Running of Leave under the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) The City of Point Arena provides family and medical care leave for eligible employees as required by federal and state law. Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination. Employees who fraudulently obtain or use California Family Rights Act (“CFRA”) leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions.

This policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the CFRA. Unless otherwise stated in this policy, “Leave” means leave pursuant to the FMLA and CFRA. Unless otherwise provided by law, the City of Point Arena will run each employee’s FMLA and CFRA leaves concurrently.
806.2 Definitions
(a) “Child”
a. Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical 43 disability. An employee’s child is one for whom the employee has actual day-today responsibility for care, and includes a biological, adopted, foster or step-child.

A child is “incapable of self-care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.
b. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self-care. An employee’s child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
(b) “Covered active duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. (c) “Covered Service Member” means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. (d) “Designated Person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.
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(e) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
(f) “Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling. 44 (g) “Grandchild” means a child of the employee’s child. (h) “Grandparent” means a parent of the employee’s parent. (i) “Health Care Provider” means any of the following:
1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2) An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition; 3) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; 4) A nurse practitioner or nurse-midwife or a clinical social workers who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
5) A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
(j) “Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.
(k) “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (l) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child.

This term does not include parents-in-law.
45 (m)“Parent-in-law” means the parent of a spouse or domestic partner of the employee. (n) “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves:
1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3) Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave. (See Policy 808, Leave Because of Pregnancy, Childbirth, or Related Medical Condition.) 4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
46 a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider; b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.
6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
(o) “Serious Injury or Illness” means: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
(p) “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
(q) “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date.
(r) “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined. 47 (s) “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. 806.3 Reasons for Leave
Leave is only permitted for the following reasons:
(a) The birth of a child or to care for a newborn of an employee; (b) The placement of a child with an employee in connection with the adoption or foster care of a child;
(c) Leave to care for a child, parent, or spouse who has a serious health condition; (d) Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.
(e) Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position;
(f) Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation; (g) Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s domestic partner is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or
(h) Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service member of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12- month period.
806.4 Employees Eligible for Leave
An employee is eligible for leave if the employee satisfies the following conditions:
(a) The employee has been employed by the City of Point Arena for at least 12 months; 48 (b) The employee has been employed by the City of Point Arena for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and 806.5 Amount of Leave
Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.
806.6 Minimum Duration of Leave
(a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child.

In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions.
(b) If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required. 806.7 Parents Both Employed by the City of Point Arena
If both married parents of a child, adoptee, or foster child are employed by the City of Point Arena and are entitled to bonding leave:
(a) The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to 12 workweeks during any 12-month period; and (b) Each married parent is entitled to take 12 workweeks of CFRA leave during any 12- month period.

If both married parents of a covered service member are employed by the City of Point Arena and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 work weeks during the 12- month period. This limitation does not apply to any other type of leave under this policy. 806.8 Employee Benefits While On Leave
(a) Group Health Insurance during Unpaid Leave: Leave under this policy is unpaid. While on unpaid leave, employees will continue to be covered by the City of Point Arena’s group health insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee 49 disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City of Point Arena will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). (b) Benefit Plans Not Provided through the City’s Group Health Plan during Unpaid Leave Do Not Continue: The City of Point Arena does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the City’s benefit plans that are not provided through the City’s group health plans while the employee is on unpaid leave. (b) Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City of Point Arena will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City of Point Arena, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave. (c) Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City of Point Arena shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.
806.9 Substitution of Paid Accrued Leaves
Although family and medical care leave is unpaid, an employee may elect and the City of Point Arena will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below.
806.9.1 Employee’s Right to Use Paid Accrued Leave Concurrently with Family Leave An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee’s own serious health condition or that of the employee’s parent, parent-in-law, spouse, domestic partner, child, grandparent, grandchild, or sibling.
806.9.2 City of Point Arena’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave
Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two (2) exceptions as described below:
50 (a) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and (b) An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, or sibling.
806.9.3 City of Point Arena’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently With Other Leaves
If an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City of Point Arena will designate that leave as running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement.
806.9.4 City of Point Arena’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City of Point Arena may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City of Point Arena denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City of Point Arena may require the employee to exhaust accrued leave as described above.
806.10 Medical Certification/ Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
(a) Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.
(b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, or sibling who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, 51 grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.
(c) Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The City of Point Arena will verify the certification as permitted by the FMLA regulations.
(d) Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City of Point Arena if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City of Point Arena will verify the certification as permitted by the FMLA and CFRA regulations.
806.11 Time to Provide a Medical Certification
When an employee has provided at least 30 days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical certification to the City of Point Arena within the time frame requested by the City of Point Arena (which must allow at least 15 calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
806.12 Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established in this policy, the City of Point Arena may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.
52 806.13 Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition
(a) Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the City Manager will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies. (b) Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the City Manager may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response.

The City Manager may not ask for additional information beyond that required on the certification form.
806.14 Second and Third Medical Opinions for Employee’s Own Serious Health Condition
If the City of Point Arena has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City of Point Arena may require a medical opinion of a second health care provider chosen and paid for by the City of Point Arena. If the second opinion is different from the first, the City of Point Arena may require the opinion of a third provider jointly approved by the City of Point Arena and the employee, but paid for by the City of Point Arena. The opinion of the third provider will be binding. The City of Point Arena must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee. 806.15 Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition, or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.

The City of Point Arena may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.
53 806.16 Employee Notice of Leave
Although the City of Point Arena recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least 30 days’ notice is required.

In addition, if an employee knows that he/she will need leave in the future, but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 806.17 Reinstatement upon Return from Leave
(a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent benefits and pay. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. (b) Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City of Point Arena, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of their readiness to return. (c) Employee’s Obligation to Periodically Report on Their Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. (d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. (e) Reinstatement of “Key Employees”: Under the FMLA only, the City of Point Arena may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City of Point Arena within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City of Point Arena, and the employee is notified of the City of Point Arena’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City of Point Arena may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.
806.18 Required Forms
54 Employees must complete the applicable forms to receive family and medical care leave. The forms may be found at Point Arena City Hall.
808 Leave Because of Pregnancy, Childbirth, Related Medical Condition, or Reproductive Loss
808.1 Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.
808.2 Notice & Certification Requirements
(a) Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the City Manager.
(b) Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave. 808.3 Compensation during Leave
Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave
808.4 Benefits during Leave
(a) Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City of Point Arena may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a 55 circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA.
(b) Sick and Vacation Leaves: Sick and vacation leaves do not accrue while an employee is on unpaid pregnancy disability leave.
(c) Employee Status during Leave: The employee retains employee status during the leave.

The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions.
808.5 Reinstatement
(a) Upon the expiration of pregnancy leave, the employee will be reinstated to her original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave.
(b) If the employee’s original position is no longer available, the employee will be assigned to a comparable, open position.
(c) If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City of Point Arena will initiate an interactive process with the employee in order to identify a potential reasonable accommodation in accordance with these Policies. (See Policy 206, Reasonable Accommodation and Interactive Process.)
808.6 Leave for Reproductive Loss
The City of Point Arena provides employees who have been employed at least 30 calendar days with Reproductive Loss Leave, in the event of a “Reproductive Loss Event” “Reproductive Loss Event” means the day or, for a multiple-day event, the final day of a Failed Adoption, Failed Surrogacy, Miscarriage, Stillbirth, or an Unsuccessful Assisted Reproduction, as those terms are defined below:
• “Failed Adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.
• “Failed Surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy.
56 • “Miscarriage” means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
• “Stillbirth” means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth. • “Unsuccessful Assisted Reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

Reproductive Loss Leave may be taken for up to five (5) days per Reproductive Loss Event.

Reproductive Loss Leave is not required to be taken consecutively, but such leave must be taken within three (3) months of the Reproductive Loss Event, with the exception that, if an employee is on California Family Rights Act (“CFRA”) leave, Pregnancy Disability Leave (“PDL”), or another leave protected by state or federal law at the time of or immediately following the Reproductive Loss Event, the employee may use Reproductive Loss Leave within three (3) months of the end date of the other protected leave.

If an employee experiences more than one Reproductive Loss Event within a 12-month period, the City of Point Arena will provide Reproductive Loss Leave up to a maximum of 20 days within a 12-month period.

Reproductive Loss Leave is unpaid, but employees may elect to use accrued paid leaves, such as sick leave, personal leave, or vacation in order to provide for their compensation while on Reproductive Loss Leave.

The City of Point Arena will maintain the confidentiality of any employee who requests to use or uses Reproductive Loss Leave, and the City of Point Arena will not disclose such information other than to internal personnel on a need to know basis, or as required by law. 810 Other Leaves
810.1 Management Leave
On January 1 of each year, employees who are exempt from FLSA overtime will receive 32 hours paid management leave. These position include the City Manager and Assistant City Manager. This management leave must be used during the calendar year in which it is received, or it will be lost. Newly hired or newly promoted employees who are exempt from FLSA overtime will receive a prorated amount of management leave for the year in which they are hired.
810.2 Jury Duty Leave/Subpoenaed or Court-Ordered Witness Leave 57 Any employee, including a temporary or seasonal employee, who is summoned to serve on a jury, or subpoenaed or ordered to be a witness, must notify their supervisor or City Manager as soon as possible. Any employee who is released from jury service prior to the end of their scheduled work hours must report to work unless otherwise authorized by their supervisor. 810.2.1 Overtime-Eligible Employees
All overtime-eligible employees will be paid for actual work hours missed because of time spent in jury service or court. The time spent on jury duty is not work time for purposes of calculating overtime compensation. The City of Point Arena will offset from pay the amount the employee receives from the Court for jury fees.
810.2.2 Overtime-Exempt Employees
All FLSA-exempt employees will continue to receive their normal salary while on jury duty or as serving as a witness only for any workweek in which they perform any work duties. The City of Point Arena will offset the amount from pay the employee receives from the Court for jury fees.
810.3 Other Court or Administrative Proceeding Appearances 810.3.1 Regarding Agency Duties
Any employee, including a seasonal/temporary employee, who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of their City of Point Arena job duties, must give their supervisor as much advance notice as is possible. The City of Point Arena will determine whether the matter involves an event or transaction in the course of the employee’s City of Point Arena job duties. If so, this leave to appear in court will be without loss of compensation, and the time spent will be considered work time. The City of Point Arena will offset the amount from pay the employee receives for witness fees. 810.3.2 Regarding Employee-Initiated Proceedings
Any employee, including a part-time/seasonal/temporary employee, who is subpoenaed to appear, or appears in court because of civil or administrative proceedings that they initiated, is not entitled to receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use any accrued leave other than sick leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time. Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings, or at a personnel or merit commission is entitled to paid release time.
810.3.3 Regarding Crime Victim/Victim Family Member Court Attendance Leave 58 Any employee, including a seasonal/temporary employee, who is a victim of a crime may take leave from work to attend judicial proceedings related to that crime, if the employee provides the City of Point Arena notice of the scheduled proceeding in advance. If advance notice is not feasible, the employee must provide the City of Point Arena, within a reasonable time after the leave is taken, documentation from the District Attorney, victim’s rights office, or court/governing agency that shows that the judicial proceeding occurred when the leave was used. An employee who is an immediate family member of such a crime victim, including: a registered domestic partner; the child of the registered domestic partner; spouse; child; stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or stepfather of the crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime.

The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off.
810.3.4 Regarding Crime Victim/Family Member Victims’ Rights Proceedings Leave Any employee, including a seasonal/temporary employee, who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the employer reasonable advance notice. If advance notice is not feasible, the employee must provide the City of Point Arena, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation or paid leave, or compensatory time off.
810.4 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief Any employee, including a seasonal/temporary/extra help employee, who is a victim of domestic violence, sexual assault, stalking, or other crime may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or paid leave, or compensatory time off. 810.4.1 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning 59 Any employee, including a seasonal/temporary employee, who is a victim of domestic violence, sexual assault, stalking, or other crime, may take leave from work to attend to any of the following: obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes. If advance notice is not feasible, the employee must provide any of the following to the City of Point Arena within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or personal leave, or compensatory time off.
810.5 Bereavement Leave
All employees who have been employed by the City of Point Arena for at least 30 days are entitled to five (5) days of paid bereavement leave in the event of the death of a “family member”
A “family member” means a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, sibling, parent-in-law.

An employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off in order to provide for their compensation during any bereavement leave in excess of five (5) days.

An employee who utilizes bereavement leave shall notify the City Manager of the intent to use such leave. Employees may use such leave on a non-consecutive basis in the three (3) months that follow that date of death of the “family member.”
810.6 Military Leave
Military leave will be granted in accordance with federal and state law. An employee requesting leave for this purpose shall promptly provide the City Manager with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the City Manager may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.
810.7 School-Related Leave
810.7.1 School or Licensed Day Care Activity Leave
Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children who are in kindergarten or grades 1 through 12, or who are in a licensed child care facility, shall be allowed up to 40 hours each school year, not to 60 exceed eight hours in any calendar month of the school year, to: participate in activities of their child’s school or licensed child care facility; find, enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to their supervisor of the planned absence. The leave is unpaid unless the employee uses vacation, personal leave or compensatory time off. The employee must provide documentation from the school or licensed child care facility as verification that the employee participated in school or child care facility activities on a specific date and at a particular time. If both parents, guardians or grandparents having custody work for the City of Point Arena at the same City of Point Arena work site, only the first parent requesting will be entitled to leave under this provision. 810.7.2 Child Suspension Leave
Any employee who is the parent or guardian of a child in kindergarten through grade 12 may take time off to go to the child’s school in response to a request from the child’s school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child’s school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel.
810.8 Paid Administrative Leave
The City of Point Arena has the right to place an employee on leave with full pay for nondisciplinary reasons at any time when the City Manager has determined that the employee’s and/or City’s best interests warrant the leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay. 810.9 Leave of Absence without Pay Must Be Authorized by Law or these Policies Unless authorized by law or a City of Point Arena policy, an employee is not entitled to a leave of absence without pay. An authorized leave of absence without pay is not a break in service for purposes of calculating seniority. Unless required by law, vacation leave credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits do not accrue to an employee on unpaid leave. Unless required by law, the City of Point Arena will not maintain contributions toward group insurance or retirement coverage for the employee on such leave. During the period of authorized unpaid leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave. 810.10 Industrial Injury Leave
810.10.1 Employees Not Covered by Labor Code Section 4850 Employees, other than those covered by Labor Code section 4850, who are absent from work by reason of an injury or illness covered by Workers’ Compensation, shall continue in pay status under the following provisions.
61 810.10.1.1 Coordination of Benefits
When the employee authorizes, the difference between the amount granted pursuant to such Workers’ Compensation and the employee’s regular pay will be deducted from the employee’s accumulated sick leave, vacation, personal holidays, and compensatory time, if any. The employee will continue in pay status and receive their pay until their accumulated sick leave, and authorized compensatory time, personal holidays and vacation days, have been depleted to the nearest hour.
810.10.1.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave During the time the employee is in fully paid status while absent from work by reason of injury or illness covered by Workers’ Compensation, they shall continue to accrue sick leave and vacation benefits as though they were not on leave of absence. 810.10.1.3 Unpaid Leave and Continuation of Health Care Benefits Any employee subject to this policy who depletes their accumulated sick leave, compensatory time, personal holiday time and vacation days while absent from work by reason of an injury or illness covered by Workers’ Compensation may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law. 810.11 Time Off to Vote
If any employee does not have sufficient time outside of working hours to vote, may request up to two (2) hours of paid leave either at the beginning or end of scheduled working hours to enable them to vote. The employee must request time off to vote from their supervisor at least two (2) days prior to Election Day.
900 Resignation, Job Abandonment, Layoff, and Separation 902 Resignation, Job Abandonment, Layoff and Separation 902.1 Types of Separation
All separations of employees from positions in City of Point Arena employment are designated as one of the following types:
(a) Probationary Release;
(b) Release of a seasonal/temporary employee;
(c) Resignation;
(d) Retirement;
62 (e) Job abandonment;
(f) Layoff;
(g) Non-disciplinary separation; or
(h) Disciplinary separation.
902.2 Probationary Release
Probationary employees serving in their initial probationary period with the City of Point Arena may be released at any time during the probationary period as recommended by the City Manager, without cause or reason or notice. A released probationary employee has no right to appeal or to submit a grievance.
902.3 Release of [Seasonal/Temporary/Extra Help Employees] A seasonal or temporary employee may be separated at any time, without cause, and without right to any appeal or grievance.
902.4 Resignation
An employee who wishes to resign their City of Point Arena employment in good standing must submit written notice of resignation to the City Manager at least two weeks prior to the planned separation date. The written notice must state the reasons for the resignation. Failure to follow the aforementioned procedure may be cause for denying future employment with the City of Point Arena. A resignation becomes final when the City Manager accepts the resignation in writing. Once a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the City Manager even if it is submitted less than two weeks prior to the planned resignation date.
902.5 Retirement
An employee planning to retire may provide a written notice to the City Manager prior to the effective date of the retirement. A notice of retirement becomes final when the City Manager accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable.
63 902.6 Job Abandonment
An employee is deemed to have resigned from their position if they are absent for five (5) consecutive scheduled work days/shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the agency’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the City Manager before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal. 902.7 Layoff
Whenever, in the judgment of the City Manager, a reduction in personnel is necessary for economic or operational reasons, any employee may be laid off or demoted for non-disciplinary reasons.
902.7.1 Order of Layoffs
Employees will be laid off in the inverse order of their seniority in their classification in the department. Seniority is determined based on the length of employment in the affected classification in the department, or higher classifications in the department. Length of employment includes all days of employment in attendance at work and on authorized or legallyprotected leaves of absence. Length of service does not include unauthorized periods of leave or suspension or layoff. Within each classification, employees will be laid off in the following order: temporary; part-time; probationary; and for-cause status. If two or more employees in a classification to be laid off have the same length of employment, the employee to be laid off will be decided by lottery.
902.7.2 Notification of Layoff
Employees to be laid off will be given 21 calendar days’ notice of layoff. 902.7.3 Displacement
For-cause employees who are noticed for layoff and who have held for-cause status in a lower classification within the same classification series in the same department, may displace employees in the lower classification provided that the employee seeking to displace has greater length of employment in the lower classification than the incumbent in the lower classification.

Employees in lower classifications will be displaced in inverse order of their length of employment in the classification. Any employee who seeks to displace another must provide the City Manager with written notice no later than five (5) working days after the date of the notice of layoff.
64 902.7.4 Transfer
If the City Manager determines that a for-cause employee who is subject to layoff is qualified to perform the duties in a vacant position, the employee will receive a written notice of option to transfer in lieu of layoff. An employee who does not accept a transfer within 10 days after the date of the written notice, forfeits the option to transfer. An employee who accepts a transfer will be paid the rate applicable to the position into which they transfer. 902.7.5 Appeal
An employee who has been noticed for layoff, and who has any questions or concerns about the layoff decision or process may make an appointment to be heard by the City Manager for an informal pre-layoff review. The employee must request this appeal in writing within five (5) business days from the date of the notice of layoff. The City Manager’s decision is final. 902.8 Non-Disciplinary Separation
Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written pre-separation notice of the reasons for the separation, the evidence supporting the decision to separate for nondisciplinary reasons, and an opportunity to respond before the separation takes effect. Any for cause employee has the opportunity for a post-separation appeal as described in Policy 1002, Causes for Discipline and Procedures.
902.9 Disciplinary Separation
A for-cause employee may be separated for disciplinary reasons pursuant to these policies and procedures.
902.10 Return of City Property
All City of Point Arena property in the employee’s possession must be returned prior to separation, including keys, key fobs, identification cards, equipment, credit cards, gas cards, cell phones, pagers, and any other City of Point Arena equipment. 902.11 Job References/Verification of Employment
All reference inquiries and verifications of employment must be referred to and approved by the City Manager. Unless the City Manager receives a written waiver signed by the employee, the City of Point Arena will release only the employee’s dates of employment, last position held, and final salary rate. No other employees should provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis.
65 1000 Discipline
1002 Causes for Discipline and Procedures
1002.1 Causes for Discipline
Employees may be disciplined for, including but not limited to, any of the following causes of discipline:
(a) Violation of any department rule, City of Point Arena policy or regulation, ordinance or resolution;
(b) Absence without authorized leave or tardiness;
(c) Excessive absenteeism and/or tardiness as defined by the employee’s City Manager, and/or these Policies;
(d) Use of leave from work in a manner not authorized or provided for under City of Point Arena policies;
(e) Making any false representation or statement, or making any omission of a material fact; (f) Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment;
(g) Unsatisfactory job performance;
(h) Inefficiency;
(i) Damaging any City of Point Arena property, equipment, resource, or vehicle, or the waste of City of Point Arena supplies through negligence or misconduct. (j) Insubordination; or insulting or demeaning the authority of a supervisor or manager; (k) Dishonesty;
(l) Theft;
(m)Violation of the City of Point Arena’s or a department’s confidentiality policies, or disclosure of confidential City of Point Arena information to any unauthorized person or entity;
(n) Misuse or unauthorized use of any City of Point Arena property, including, but not limited to: physical property, electronic resources, supplies, tools, equipment, City of 66 Point Arena communication systems, City of Point Arena vehicles or intellectual property;
(o) Mishandling of public funds;
(p) Falsifying or tampering with any City of Point Arena record, including work time or financial records;
(q) Discourteous or offensive treatment of the public or other employees; (r) Abusive conduct, including malicious verbal, visual or physical actions, or the gratuitous sabotage or undermining of a person’s work performance. (s) Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee’s job duties;
(t) Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the City of Point Arena;
(u) Any conduct that impairs, disrupts or causes discredit to the City of Point Arena, to the public service, or other employee’s employment;
(v) Reckless or unsafe conduct;
(w)Working overtime without prior authorization or refusing to work assigned overtime; (x) Carrying firearms or other dangerous weapons while on duty when not required by job duties; or
(y) Horseplay or fighting.
1002.2 Types of Counseling, Reprimands and Discipline
The following are types of counseling, reprimands and discipline which the City of Point Arena may impose:
(a) Counseling Memo: A counseling memo will be provided to an employee to identify: a failure of appropriate conduct or performance issue; the performance the employee is to demonstrate in the future; and consequences for failure to correct the behavior or problem. A counseling memo will be retained in the supervisor’s file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary. A counseling memo is not subject to the discipline or discipline appeal procedures described below. A counseling memo is not considered “punitive action” under the Public Safety Officers Procedural Bill of Rights Act 67 (b) Verbal Reprimand: A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A verbal reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not subject to the discipline or discipline appeal procedures described below.
(c) Written Reprimand: A written reprimand is written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A written reprimand will be retained in the employee’s personnel file and documented in the performance evaluation. Unless required by law, a written reprimand is not subject to the discipline or discipline appeal procedures described below. The employee has the right to have their written rebuttal attached to the reprimand in the employee’s personnel file, if the employee submits the rebuttal to the City Manager within 14 days after the reprimand is received.
(d) Suspension without Pay: The City of Point Arena may suspend an employee from their position without pay for cause. Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final and documented in the performance evaluation. A suspension without pay is subject to the discipline and discipline appeal procedures described below. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA.
(e) Reduction in Pay or Paid Leave: The City of Point Arena may reduce an employee’s pay or paid leave for cause. A reduction in pay for disciplinary purposes may take one of three forms: (1) a decrease in salary to a lower step within the salary range; (2) a decrease in salary paid to an employee for a fixed period of time; or (3) loss of accrued paid vacation or administrative leave, floating holiday, or compensatory time off. Documents related to a reduction in pay shall become part of the employee’s personnel file when the reduction in pay is final and documented in the performance evaluation. A reduction in pay is subject to the discipline and discipline appeal procedures described below.

Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction, except loss of accrued vacation, floating holiday, or administrative leave. (f) Demotion: The City of Point Arena may demote an employee from their position to a lower position for cause. Documents related to a demotion shall become part of the employee’s personnel file when the demotion is final and documented in the performance evaluation. A demotion is subject to the discipline and discipline appeal procedures described below.
(g) Dismissal: The City of Point Arena may dismiss an employee from their position for cause. Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final. A dismissed employee is entitled to the discipline and discipline appeal procedures described below.
68 1002.3 Discipline Procedures
The following discipline procedures only apply to the City of Point Arena’s for-cause employees. All employees other than for-cause employees, namely seasonal/temporary/extrahelp/at-will/ probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal. (a) “Skelly” Notice of Intended Disciplinary Action to Employee: A written notice of the intended disciplinary action shall be given to the employee, which will include the following information:
1) The level of the intended discipline;
2) The specific charges that support the intended discipline; 3) A summary of the facts that show that the elements of each charge at issue in the intended discipline;
4) A copy of all materials upon which the intended discipline is based; 5) Notice of the employee’s right to respond to the City Manager regarding the intended discipline within five (5) days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both; 6) Notice of the employee’s right to have a representative of their choice at the Skelly conference; and
7) Notice that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed. (b) Response by Employee and Skelly Conference: If the employee requests a Skelly conference, the City Manager or designee will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges against them and present any mitigating circumstances. The City Manager will consider the employee’s presentation before issuing the disciplinary action. The employee’s failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond, and the intended disciplinary action will be imposed on the date specified in the Skelly letter. (c) Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee’s written response, the City Manager will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the City Manager will provide the employee with a notice that contains the following:
69 1) The level of discipline, if any, to be imposed and the effective date of the discipline;
2) The specific charges upon which the discipline is based; 3) A summary of the facts that show that the elements of each charge at issue in the intended discipline;
4) A copy of all materials upon which the discipline is based; and 5) A reference to the employee’s appeal right and deadline to appeal. (d) Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail method that verifies delivery to the last known address of the employee, or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City of Point Arena or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.
1002.4 Discipline Appeal Procedures
The following appeal procedures only apply to the City of Point Arena’s for-cause employees.

All employees other than for-cause employees, namely seasonal/temporary/at-will/probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary appeal procedures listed below. The following appeal procedures apply only to suspension without pay, demotion, reduction in pay or dismissal. (a) Request for Appeal Hearing: An employee may submit a written request for appeal to the City Manager within 14 days from: (1) receipt of the final notice of discipline; or (2) the date of attempted delivery by the post office or delivery service of the notice to the last known address of the employee. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline. (b) Appeal Hearing Officer: The appeal hearing officer shall be the City Manager or an individual designated by the City Manager who is selected through State Mediation and Conciliation Service (“SMCS”)/the California Office of Administrative Hearings (“OAH”) so long as the City Manager did not serve as the Skelly officer for the discipline at issue. If the City Manager served as the Skelly officer for the discipline at issue, then the appeal hearing officer shall be an individual designated by the City Council who is selected through SMCS/OAH].
(c) Date and Time of the Appeal Hearing: Once the appeal hearing officer has been designated, the City Manager will set a date for an appeal hearing. The employee shall be notified in writing at least 21 days prior to the hearing of the scheduled date. (d) Prehearing Notice of Witnesses and Evidence: No later than 10 days before the hearing date, each party will provide the other and the appeal hearing officer a list of all witnesses 70 to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City of Point Arena will use numbers to identify its evidence; the employee will use alphabet letters. Neither party will be permitted to call any witness or evidence that has not been listed, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit.
(e) Subpoenas: Upon the request of either party, and upon their own motion, the hearing officer will issue subpoenas to compel attendance at the appeal hearing. Each party is responsible for serving their/its own subpoenas. City of Point Arena employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City of Point Arena employees who are subpoenaed to testify during nonworking hours will be compensated for the time they actually spend testifying. (f) Continuances: The appeal hearing officer may continue a scheduled hearing only upon good cause shown.
(g) Record of the Appeal Hearing: The hearing shall be recorded, either electronically or by a court reporter, at the option of the City of Point Arena. If the City of Point Arena orders a transcript or makes a transcript of the recording, the City of Point Arena will notify the employee within three days of ordering or making the transcript, and will provide a copy of the transcript upon receipt of the costs of duplication. (h) Employee Appearance: The employee must appear personally before the hearing officer at the time and place set for the hearing. The employee may be represented by any person they may select.
(i) Conduct of the Hearing:
1) Sworn Testimony: All witnesses shall be sworn in prior to testifying. The hearing officer or court reporter shall request each witness to raise their hand and respond to the following: “Do you swear that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?”
2) Evidence: Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth. The rules dealing with privileges shall be effective to the same extent that they are recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded. The appeal hearing officer shall determine the relevance, weight and credibility of testimony and evidence.
3) Exclusion of Witnesses: During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing. 71 4) Burden of Proof: The City of Point Arena has the burden of proof by the preponderance of the evidence.
5) Authority of Hearing Officer: The appeal hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Policies. 6) Professionalism: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the appeal hearing officer. (j) Presentation of the Case: The parties will address their remarks, evidence, and objections to the appeal hearing officer. The appeal hearing officer may terminate argument at any time and issue a ruling regarding an objection or any other matter. The appeal hearing officer may limit redundant or irrelevant testimony, or directly question the witness. The hearing will proceed in the following order unless the appeal hearing officer directs otherwise:
1) The City of Point Arena is permitted to make an opening statement; 2) The employee is permitted to make an opening statement; 3) The City of Point Arena will produce its evidence;
4) The employee will produce its evidence;
5) The City of Point Arena, followed by the employee, may present rebuttal evidence; and
6) Oral closing arguments of no more than 20 minutes may be permitted at the discretion of the appeal hearing officer. The City of Point Arena argues first, the employee argues second, and if the City of Point Arena reserved a portion of its time for rebuttal, the City of Point Arena may present a rebuttal. (k) Written Briefs: Either party may request to submit a written brief and/or a draft decision.

The appeal hearing officer will determine whether to allow written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs. (l) Appeal Hearing Officer’s Recommended Decision: Within 60 days of the conclusion of the hearing, the appeal hearing officer shall make written findings and a recommended decision as to the discipline.
1) If the City Manager was not the appeal hearing officer or the Skelly officer they shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken.

The decision of the City Manager is final. There is no process for reconsideration. 72 2) If the City Manager was the Skelly officer, the City Council shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. The decision of the City Council is final. There is no process for reconsideration. (m)Proof of Service of the Written Findings and Decision: The City of Point Arena will mail a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to inform the City of Point Arena of their address. A copy of the decision shall also be provided to the City Manager.
1102 Grievance Procedures
1102.1 Definition of a Grievance
A grievance is an alleged violation of a specific provision of these Policies that adversely affects the employee and that contains all of the information listed in the “Statement of the Grievance” below. The following procedure applies to all City of Point Arena employees, unless the following apply: the employee is covered by a grievance procedure in a memorandum of understanding; another dispute resolution procedure applies to the dispute; or a discipline policy and procedure applies. The grievance procedure cannot be utilized to challenge the content of a performance evaluation.
1102.2 Statement of the Grievance
A concern is not a grievance unless the affected employee is able to state each of the following:
the date of the alleged violation; the specific provision(s) of these policies that were allegedly violated; a description of all facts regarding how the alleged violation occurred; and a list of all persons who are witnesses or are involved. The grievant may use a City of Point Arena form to make the Statement of the Grievance. A Statement of the Grievance must be signed by the employee filing the grievance to certify that it is filed in good faith. 1102.3 Timelines
Failure of the City of Point Arena to comply with the time limits of the grievance procedures allows the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedures constitutes settlement and resolution of the grievance on the basis of the last disposition. The parties may extend time limits by mutual written agreement in advance of a deadline.
1102.4 Procedures
(a) Step I Informal Resolution with Supervisor: The employee must first work in good faith to resolve the grievance informally through discussion with their immediate supervisor no later than 14 days after the grievant first became aware of the facts or circumstances resulting in the filing of the grievance.
73 (b) Step II City Manager: If the employee believes that the grievance has not been resolved through Step I, the employee may submit a written Statement of the Grievance to their City Manager. The employee must submit the Statement of the Grievance within 28 days after the grievant first became aware that a grievance has occurred. The City Manager shall consider, discuss the grievance with the grievant, and/or investigate as they deems appropriate, and shall, within 14 days of receipt of the written Statement of the Grievance, submit their decision in writing to the grievant. (c) Step III City Manager: If the employee believes that the grievance has not been resolved through Step II, the employee may appeal the grievance decision of the City Manager to the City Manager. Such appeal must be filed within 14 days of the date of the City Manager’s written decision. The City Manager shall consider, discuss the grievance with the grievant, and/or investigate as he/she deems appropriate, and shall, within 14 days of receipt of the written Statement of the Grievance, submit their decision in writing to the grievant. The decision of the City Manager shall be final. 1200 Miscellaneous Policies
1202 Personnel Files
1202.1 Confidential City of Point Arena Files
The City of Point Arena maintains a personnel file on each employee. Files are kept for at least three years after separation of employment. A personnel file will contain only material that the City of Point Arena deems necessary and relevant or that is required by law. Personnel files are the property of the City of Point Arena, and access to the information they contain is restricted to protect employee privacy interests.
1202.2 Notification of Changes
Each employee is responsible to promptly notify the City Manager of any changes in their contact and benefits information, including: mailing address; telephone number; persons to contact in emergency; and number and names of dependents. 1202.3 Access to Applicant or Employee Medical Information All medical information about an employee or applicant is kept in separate medical files and is treated as confidential. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City of Point Arena business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. 74 1202.4 Employee Access to Personnel File
(a) Inspection of File: A current employee may inspect their own personnel file, at reasonable times and at reasonable intervals, within 30 days of a written request. A former employee is entitled to inspect their personnel records one time per year. A current or former employee and/or their representative, who wishes to review their personnel file should make a written request to the City Manager. The inspection must occur in the presence of the City Manager or their designee and: (1) at a location where the employee works and at a time other than the employee’s work time; or (2) at another agreed upon location without loss of compensation to the employee. (b) Copies: A current or former employee is entitled to receive a copy of their personnel records within 30 days after the employer receives a written request. A current or former employee who wishes to receive such a copy should contact the City Manager or their designee in writing. The City of Point Arena may charge a fee for the actual cost of copying.
(c) Representative’s Inspection: If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization. The City Manager or their designee will notify the employee and/or representative of the date, time and place of the inspection in writing.
(d) No Removal of File Documents: No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file. 1202.5 Limitations on Access or Copying of Personnel File Prior to making a copy of personnel records or allowing inspection, the City of Point Arena may redact the names of nonsupervisory employees. Under no circumstances will the City of Point Arena provide access or copying of the following categories of personnel file documents: records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination. 1204 Limitations on Outside Employment
1204.1 No Outside Employment Without Prior Approval
An employee shall not engage in any paid or self-employment, activity, or enterprise which is inconsistent, incompatible or in conflict with their City of Point Arena duties, functions, responsibilities, or that of the department in which they are employed at the City of Point Arena. In order to avoid perceived or actual conflicts of interest that may arise from outside 75 employment, all employees must obtain written approval from the City Manager or their designee prior to undertaking any outside employment as described in this policy 1204.2 Authorization and Appeal Process
(a) Written Request: Any employee who wants to undertake a paid outside employment, activity, or enterprise must submit a written request to their City Manager. The written request must include: (1) the work hours and/or time required; (2) job title or the nature of the activity; (3) the work location; and (4) the supervisor, manager and name of the employer or activity.
(b) Analysis and Decision: The City Manager will determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City of Point Arena. If the City Manager determines such activity is compatible, or would be if any conditions or restrictions applied, they will authorize the activity and specify the conditions/restrictions in writing, give the employee the outside employment authorization, and place a copy of the written authorization in the employee’s personnel file. (c) One (1) Year Authorization: An outside employment authorization is valid only up to one (1) year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, they must make another request following the process in this policy.
(d) Appeal: If the City Manager denies an employee’s outside employment request, the employee may submit a written notice of appeal to the City Manager within 10 days after the date of the denial. The decision on appeal will be put in writing, provided within 10 days after the receipt of the appeal, and will be final. 1204.3 Prohibited Outside Activities
An employee’s outside employment, activity, or enterprise may be prohibited if it:
(a) Involves the use for private gain or advantage of City of Point Arena time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of the City of Point Arena or employment at the City of Point Arena;
(b) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City of Point Arena for the performance of an act which the employee would be required or expected to render in the regular course of their City of Point Arena employment;
(c) Involves the performance of an act in other than their capacity as a City of Point Arena employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the department by which he/she is employed; or
76 (d) Involves time demands that would render the employee’s performance of their regular City of Point Arena employment less efficient or dangerous to the employee. 1204.4 Changes in Outside Employment Status
The employee must promptly report in writing to the City Manager any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
1204.5 Revocation / Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this policy.
(a) The employee’s work performance declines; or
(b) An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City of Point Arena.
1204.6 Use of City of Point Arena Equipment Prohibited
Under no circumstances may an employee use any City of Point Arena equipment, vehicles, tools, supplies, machines, or any other item that is City of Point Arena property while an employee is engaged in any outside employment, activity or enterprise. 1206 Limitations on Political Activity
1206.1 No Solicitation During Work Hours or City of Point Arena Offices City of Point Arena employees or officers may not solicit or receive political funds or contributions to promote the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in City of Point Arena offices.
1206.2 No Targeted Solicitation of City of Point Arena Officers or Employees Officers or employees of the City of Point Arena, or candidates for elective office of the City of Point Arena, may not directly or indirectly solicit political contributions from other officers or employees of the City of Point Arena unless the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees of the City of Point Arena.
1206.3 No Political Activity in Uniform
77 No City of Point Arena employee or official shall participate in political activities of any kind while in an City of Point Arena uniform or other City of Point Arena-issued clothing. 1206.4 No Political Activity on City of Point Arena Property or Work Hours City of Point Arena employees and officials are prohibited from engaging in political activity during working hours or on City of Point Arena property. 1208 Prohibitions on Drugs and Alcohol in the Workplace 1208.1 Purpose and Scope
1208.1.1 The City is committed to protecting the health, well-being, and safety of individual employees, their co-workers, and the public at large from the hazards caused by employee misuse of drugs or alcohol. The City recognizes that the use of alcohol, drugs and controlled substances in the workplace is not conducive to safe working conditions. In order to promote a safe, healthy, and productive work environment for all employees and the public, the City is committed to providing an alcohol and drug-free work place.
1208.1.2 This policy prohibits the manufacture, use, possess, distribute, trade, and/or offer for sale alcohol, illegal drugs or intoxicants. This policy is intended to apply whenever anyone is representing or conducting business for the City. This policy applies during all working hours, lunch hours, breaks and whenever conducting business or representing the City, while on-call, on-standby, and on or off City property including vehicles. This policy applies to all City employees, appointed and elected officials, volunteers, and interns,. 1208.3 Prohibited Conduct
(a) The manufacture, distribution, sale, dispensation, possession, or use of any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee in either City of Point Arena workplaces or wherever City of Point Arena business is performed.
(b) Working or being subject to call in if impaired by alcohol or any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee.
(c) An employee’s failure to notify their City Manager before beginning work when taking medications or drugs, including but not limited to: prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of duties or operation of City of Point Arena equipment.
78 (d) An employee’s failure to notify the City Manager of any criminal conviction for a drug violation that occurred in the workplace within five days after such conviction. (e) An employee’s criminal conviction for a drug violation that occurred in the workplace. 1208.4 Drug and Alcohol Testing
The City of Point Arena has discretion to test applicants and employees for alcohol and drug use under the following circumstances. The City of Point Arena will use an outside laboratory to perform all testing.
(a) Pre-Employment Testing for External Applicants for Certain Jobs: Those external applicants who apply for certain jobs where a special need for pre-employment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to pre-employment drug and alcohol testing include, but is not limited to, the following:
1) Safety sensitive jobs that have public safety implications, including Wastewater, Pier and Streets operations.
(b) Reasonable Suspicion Testing: The City of Point Arena may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
1) “Reasonable suspicion” to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If City of Point Arena suspects drugs or alcohol may have played a role in an accident involving City of Point Arena property or equipment that will also constitute reasonable suspicion. 2) Document and Analysis: In order to receive authority to test, the City Manager must record the factors that support reasonable suspicion in writing. Any reasonable suspicion testing must be pre-approved by the City Manager. 3) Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the City Manager has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
79 1210 Use of City of Point Arena Equipment or Resources 1210.1 Policy and Applicability
City of Point Arena equipment and resources may only be used to conduct City of Point Arena business, except for incidental personal use that is consistent with this policy. As a result, City of Point Arena equipment and resources are non-public forums. Every City of Point Arena employee is required to adhere to this policy.
1210.2 Agency Equipment or Resources
City of Point Arena equipment or resources is any City of Point Arena-owned or supplied item or resource, including, but not limited to: intellectual property (e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), vehicles, telephones, cell phones, pagers, tools, machines, supplies, copy machines, facsimile machines, desks, office equipment, computers (including hardware and software), file cabinets, lockers, Wi-Fi, internet, intranet, City of Point Arena network, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City of Point Arena electronic resources or equipment.
1210.3 No Expectation of Privacy
The City of Point Arena periodically and without prior notice, monitors, reviews, accesses, or retrieves data from its equipment or resources, including electronic communications and content contained in or transmitted through City of Point Arena networks or electronic resources. City of Point Arena employees must provide the agency with the employee’s username or password for any City of Point Arena issued equipment or resource. The existence of passwords or delete functions does not restrict the City’s access. As a result, City of Point Arena employees have no expectation of privacy in their use of any City of Point Arena equipment or resources. 1210.4 Appropriate Use Only -- No Misuse
Employees may only use City of Point Arena equipment or resources in compliance with City of Point Arena policies. Except as authorized by this policy, employees are expected to avoid any use or communication which is unrelated to City of Point Arena business, destructive, wasteful, or illegal. The City of Point Arena has discretion to restrict or rescind employee access to City of Point Arena equipment or resources. The following are examples of misuse of City of Point Arena equipment or resources:
(a) Any use that violates applicable law and/or City of Point Arena policies, rules or procedures;
(b) Exposing others to material which is offensive, harassing, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment;
80 (c) Any use that may create or further a hostile attitude or give offense on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law; (d) Communication of confidential City of Point Arena information to unauthorized individuals within or outside of City of Point Arena;
(e) Unauthorized attempts to access or use City of Point Arena data or break into any City of Point Arena or non-City of Point Arena system;
(f) Theft or unauthorized transmission or copying of paper or electronic files or data; (g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass communication;
(h) Misrepresentation of one’s identity for improper or illegal purposes; (i) Personal commercial or business activities (e.g., “for sale” notices, personal ads, etc.); (j) Transmitting/accessing obscene material and/or pornography; (k) E-Commerce;
(l) Online gambling;
(m)Installing or downloading unauthorized software or equipment; (n) Violating terms of software licensing agreements; and (o) Using City of Point Arena equipment or resources to access and/or use dating web resources, personal social media, or games of any type. (p) Any unauthorized access to City of Point Arena equipment or resources, including:
using keys or key cards; using or disclosing the username or password of another person or employee to gain access to their email or other electronic resources; or making City of Point Arena equipment or resources available to others who would otherwise have no authorized access.
(q) Using City of Point Arena equipment or resources to speak on the City of Point Arena’s behalf without authorization.
1210.5 City of Point Arena Email Address Must be Used for City of Point Arena Business
81 The City of Point Arena’s email system is an official communication tool for City of Point Arena business. The City of Point Arena establishes and assigns official email addresses to each employee as the City of Point Arena deems necessary. Employees must send all City of Point Arena communications that are sent via email to and from their official City of Point Arena email address. Employees are prohibited from using their private email address when communicating City of Point Arena business via email. Should an email related to City of Point Arena business be sent to an employee’s personal email account, the email should be immediately forwarded to the employee’s City of Point Arena email account and responded to accordingly.
1210.6 Incidental Personal Use of City of Point Arena Communications Equipment Permitted
Employees may use City of Point Arena telephones, cell phones, internet access, and e-mail for incidental personal communications provided that the use:
(a) Is kept to a minimum and limited to break times or non-working hours; (b) Does not interfere or conflict with City of Point Arena operations or the work performance of any City of Point Arena employees;
(c) Allows the employee to more efficiently perform City of Point Arena work; (d) Is not abusive, illegal, inappropriate, or prohibited by this policy (for example, no social media use, no electronic dating, no gaming); and
(e) Clearly indicates it is for personal use and does not indicate or imply City sponsorship or endorsement.
1212 Policy against Violence in the Workplace
1212.1 Safe and Secure Workplace
The City of Point Arena is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City of Point Arena business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.
82 1212.2 Prohibited Behavior
Employees are prohibited from participating in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City of Point Arena employment. The City of Point Arena has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
1212.3 “Workplace Violence”
“Workplace violence” is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property;
(b) The destruction of, or threat of destruction of City of Point Arena property or another employee’s property;
(c) Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay;
(d) Striking, punching, slapping, or assaulting another person; (e) Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise;
(f) Harassing or threatening phone calls;
(g) Surveillance;
(h) Stalking; and
(i) Possessing a weapon(s) during work hours unless the City of Point Arena issues the weapon(s) for performance of the job. “Weapon” is defined as a firearm, chemical agent, club or baton, knife, or any other device, tool, or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
1212.4 Incident Reporting Procedures
(a) Employees must immediately report to their supervisor or department director whether they have been a victim of, or have witnessed, workplace violence. The supervisor or department director will immediately report the matter to the City Manager 83 (b) The City Manager or their designee will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
(c) The City Manager or designee will take appropriate steps to provide security, such as:
1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
2) Asking any threatening or potentially violent person to leave the site; or 3) Immediately contacting an appropriate law enforcement agency. 1212.5 Investigation
The City Manager will see that reported violations of this policy are investigated as necessary. 1212.6 Prevention
Each City Manager has authority to enforce this policy by:
(a) Training supervisors and subordinates about their responsibilities under this policy; (b) Assuring that reports of workplace violence are accurately and timely documented and addressed;
(c) Notifying the City Manager and/or law enforcement authorities of any incidents; (d) Making all reasonable efforts to maintain a safe and secure workplace; (e) Maintaining records and follow up actions as to reports of workplace violence; and (f) Seeking a temporary restraining order on behalf of an employee 1214 Appearance Standards
1214.1 Basis for Standards
These dress code, tattoo, and body piercing appearance standards are designed to promote the City’s legitimate and non-discriminatory goals to promote workplace safety and a professional image that is consistent with the employee’s job duties and level of public contact. 84 1214.2 Dress Code
Employees are required to dress appropriately for the jobs they are performing. The following dress code regulations shall apply to all City of Point Arena employees. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination:
(a) All clothing and footwear must be neat, clean, in good repair, and appropriate for the work environment and functions performed;
(b) Prescribed uniforms and safety equipment must be worn; (c) Hair must be neat, clean and well-groomed;
(d) Beards, mustaches, and sideburns must be maintained in neat and well-groomed fashion; (e) Jewelry that does not pierce the skin is acceptable except where it constitutes a health or safety hazard;
(f) Good personal hygiene is required; and
(g) Dress must be professionally appropriate to the work setting, particularly if the employee has contact with the public at work.
1214.3 Tattoos
Employees are expected to project a professional appearance while at work and must abide by the standards below. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination. (a) No tattoos are allowed anywhere on the head, face, or neck; (b) Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang-related; (c) No visible tattoos shall be larger than four (4) by six (6) inches; and (d) Any non-conforming tattoos will be covered with clothing, bandage or makeup while at work, or removed.
1214.4 Piercing
Employees are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercing. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
85 (a) No objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that one set of reasonably-sized pierced earrings may be worn in each lobe; (b) Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
1216 Teleworking Policy
1216.1 Purpose
The purpose of the policy is to allow certain employees, subject to their execution of a Teleworking Agreement, to Telework from an Alternative Worksite for some or all of their regularly scheduled work hours and to ensure that, for the duration of such Telework, employees perform their job duties, and in so doing provide quality work in a timely manner, and to the benefit of the public.
1216.2 Definitions
“Alternative Worksite” means the employee’s home, place of residence or from another location approved by the City of Point Arena other than the employee’s normal workplace at a City of Point Arena worksite or facility.
“Telework(ing)” means a work arrangement under which an employee works from their home, place of residence or from another location other than the employees’ normal workplace at a City of Point Arena worksite or facility (“Alternative Worksite”) for all or a portion of their regularly scheduled work hours.
“Work Schedule” means the days and hours determined by supervisors or managers during which non-exempt, overtime eligible employees should be in attendance at the Alternative Worksite. The Work Schedule shall provide for and include the rest and meal breaks required under applicable federal and state law as well as under contract. 1216.3 Scope of Policy
This policy covers Teleworking voluntarily requested by a City of Point Arena employee and provided by the City of Point Arena, subject to certain conditions and requirements. 1216.4 Voluntary Teleworking Arrangements
The City of Point Arena may allow Teleworking for certain eligible employees who request to Telework.
86 1216.4.1 Eligibility Criteria
The City Manager or their designee, possesses the discretionary authority to determine the job classifications, positions, and employees who are eligible to telework under this policy.

The City Manager or their designee, may make such determination using criteria including, but not limited to, the following:
1216.4.2 Process for an Employee to Request to Telework To make a request for a Teleworking arrangement, employees must complete a Voluntary Telework Request Form and file the completed request form with their supervisor or manager.

The employee’s supervisor or manager will provide the request form to the City Manager, or their designee, and will discuss the employee’s request with the City Manager, or their designee.

In consultation with or based on information provided by the employee’s supervisor or manager, the City Manager, or their designee, will make a determination regarding the employee’s request to telework.

The City Manager will consider Teleworking requests on a case-by-case basis consistent with the criteria above and other factors relevant to the employee’s request to telework. 1216.4.3 Final Determination; No Right to Appeal
The decision of the City Manager regarding an employee’s Teleworking request is final and binding. Neither the employee nor the employee’s employee organization possesses any right to appeal or grieve the decision.
1216.4.4 Approval of Requests; Voluntary Telework Agreement An eligible and qualified employee who has requested and been granted the opportunity to Telework, must execute a Voluntary Teleworking Agreement (“Agreement”) prior and as a precondition to the employee teleworking.

The Agreement shall provide the mutual understanding of the employee, the employee’s supervisor or manager, and the City Manager concerning the teleworking arrangement. 1216.5 Mandatory Teleworking Arrangements during Exigent Circumstances Where an exigent circumstance exists, the City of Point Arena may direct City of Point Arena employees to remain at their homes or places of residence and the City of Point Arena adopt and implement a short-term teleworking arrangement for such employees in order to provide for the continuity of essential services provided by the City of Point Arena.

Exigent circumstances means a situation in which there is an imminent threat of extreme peril to 87 life, property and resources. Exigent circumstances may include, but are not limited to, war, public health emergencies, power failures, natural and man-made disasters, and other states of emergency.

Where such an exigency exists and necessitates the adoption and implementation of a short-term mandatory teleworking arrangement for City of Point Arena employees, the City Manager is expressly authorized to suspend some or all provisions of this policy and adopt and implement alternative provisions necessary to provide for the continuity of essential services. 1216.6 Duties, Obligations and Responsibilities for Teleworking Employees Teleworking employees must adhere to the provisions set forth in these policies, including, but not limited to the following:
1216.6.1 General Duties, Obligations, and Responsibilities (a) All existing duties, obligations, responsibilities and conditions of employment remain unchanged. Teleworking employees shall abide by all City of Point Arena and departmental policies and procedures, rules and regulations. (b) All of the Teleworking employees’ existing supervisory relationships, lines of authority and supervisory practices remain in effect.
(c) Teleworking employees authorized to perform work at an Alternate Worksite must meet the same standards of performance and professionalism expected of City of Point Arena employees in terms of job responsibilities, work product, timeliness of assignments, and contact with other City of Point Arena employees and members of the public. (d) Teleworking employees are required to be accessible in the same manner as if they are working at a City of Point Arena worksite or facility during the established teleworking Work Schedule, regardless of the designated location for teleworking, or Alternate Worksite. Teleworking employees must be accessible via telephone, email, and/or network access to their supervisor and other City of Point Arena employees while Teleworking, as if working at their City worksite. Teleworking employees shall check their City of Point Arena-related business phone messages and emails on a consistent basis, as if working at their City of Point Arena worksite. 1216.6.2 Work Schedule, Overtime, Leave, Benefits
(a) For non-exempt employees, the City of Point Arena will either provide such employee:
(1) a work schedule that will be included in the Agreement, and which will include meal and rest breaks (“Work Schedule”); or (2) authorization to work on an intermittent basis. (b) For non-exempt employees assigned a Work Schedule, any deviation from the Work Schedule must be approved in advance, in writing, by the employee’s supervisor or manager and the City Manager.
88 (c) Non-exempt employees may not Telework outside their normal work hours without prior written authorization from their supervisor or manager and the City Manager. A nonexempt employee who fails to secure written authorization before Teleworking outside their normal work hours may face discipline in accordance with the City of Point Arena’s policy for working unauthorized overtime.
(d) Non-exempt employees, regardless of whether assigned a Work Schedule or authorized to work intermittently, must take meal and rest breaks while Teleworking as required under applicable law and/or under applicable contract or City of Point Arena policy. (e) For non-exempt employees assigned a Work Schedule, all periods of Teleworking employees’ unavailability must be approved in advance by their supervisor or manager and the City Manager in accordance with City policy and documented on the appropriate leave request form.
(f) Non-exempt employees, regardless of whether assigned a Work Schedule or authorized to work intermittently, are required to report in a timely manner all hours worked at the Alternate Worksite and make that record available to their supervisor upon request.

Employees shall record all non-productive work time on their timesheet. (g) Employees shall continue to abide by City of Point Arena policies and procedures for requests of sick, vacation and other leaves of absences. If an employee becomes ill while working under the Agreement, they shall notify their supervisor or manager immediately and record on their timesheet any hours not worked due to illness and/or incapacitation. (h) Non-exempt employees, regardless of whether assigned a Work Schedule or authorized to work intermittently, are required to request to work overtime in advance of doing so and must such requests must be pre-approved in writing by the employee’s supervisor or manager.
(i) Teleworking employees’ salary and benefits remain unchanged during the Teleworking arrangement.
(j) Workers’ Compensation benefits will apply only to injuries arising out of and in the course of employment as defined by Workers’ Compensation law. Teleworking employees must report any such work-related injuries to their supervisor or manager immediately. The City of Point Arena shall not be responsible for injuries or property damage unrelated to such work activities, including injuries to third-persons when said injuries occur at the Alternate Worksite.
1216.6.3 Space and Equipment, Information Security, Confidentiality (a) Teleworking employees will either receive approval to use personal computer equipment or will be provided with City of Point Arena-issued equipment at the discretion of the 89 City Manager.
(b) If the City of Point Arena provided any City of Point Arena-issued equipment, teleworking employees agree to follow the City of Point Arena’s policy for the use of such equipment. Teleworking employees must report to their supervisor any loss, damage, or unauthorized access to City of Point Arena owned equipment, immediately upon discovery of such loss, damage, or unauthorized access. (c) Where, in response to a request to Telework, the City of Point Arena allows an employee to Telework, the City of Point Arena shall not be responsible for Teleworking costs, including, but not limited to, the employee’s use of their home or place of residence, their personal computer, utilities, internet, data, network costs, home maintenance, workspace furniture, ergonomic equipment, or any other incidental costs, unless expressly provided for in the Agreement.
(d) Employees must take reasonable precautions to ensure their devices (e.g., computers, laptops, tablets, smart phones, etc.) are secure before connecting remotely to the City of Point Arena’s network and must close or secure all connections to City of Point Arena desktop or system resources (e.g., remote desktop, VPN connections, etc.) when not conducting work for the City of Point Arena. Employees must maintain adequate firewall and security protection on all such devices used to conduct City of Point Arena work from the Alternate Worksite.
(e) Teleworking employees shall exercise the same precautions to safeguard electronic and paper information, protect confidentiality, and adhere to the City of Point Arena’s records retention policies, especially as it pertains to the California Public Records Act (“CPRA”). Teleworking employees must safeguard all sensitive and confidential information (both on paper and in electronic form) relating to City of Point Arena work they access from the Alternate Worksite or transport from their City of Point Arena worksite to the Alternate Worksite. Teleworking employees must also take reasonable precautions to prevent third parties from accessing or handling sensitive and confidential information they access from the Alternate Worksite or transport from their City of Point Arena worksite to the Alternate Worksite. Teleworking employees must return all records, documents, and correspondence to the City of Point Arena at the termination of the Agreement or upon request by their supervisor or manager, City Manager or Human Resources.
1216.6.4 Miscellaneous
(a) Teleworking employees must notify their supervisor or manager promptly when unable to perform work assignments because of equipment failure or any other unforeseen circumstances.
(b) Teleworking employees must have access to an Alternate Worksite that is quiet and free of distractions and which has reliable and secure power, internet and/or wireless access. 90 (c) Teleworking employees shall ensure that all official City of Point Arena documents are retained and maintained according to the normal operating procedures in the same manner as if working at a City of Point Arena worksite. (d) Teleworking employees must ensure dependent care will not interfere with work responsibilities.
1218 Reimbursable Expenses for Certain Teleworking Employees 1218.1 Purpose
In conjunction with the Teleworking policy, the purpose of this policy is to provide the conditions and requirements for reimbursements for certain expenses incurred by Teleworking employees.
1218.2 Applicability of Policy to City of Point Arena Employees This policy covers and applies to all Teleworking employees. 1218.3 Teleworking Expenses Subject to Reimbursement
The City of Point Arena will reimburse covered Teleworking employees only for those expenses incurred which are necessary for the Teleworking employee to perform the job duties assigned to the Teleworking employee by the City of Point Arena from their home, place of residence, or location other than a City of Point Arena worksite as determined at the sole discretion of the City of Point Arena. Such expenses may include the following:
1) Computer, if the employee does not have such a device and the City of Point Arena does not have a such a device to lend to the employee;
2) Computer monitor, if the employee does not have such a device and the City of Point Arena does not have such a device to lend to the employee; 3) Keyboard and mouse, if the employee does not have such devices and the City of Point Arena does not have such a device to lend to the employee; 4) Teleconferencing equipment (i.e., a video camera and microphone), if the employee does not have such a device and the City of Point Arena does not have such equipment to lend to the employee;
5) A desk and desk chair, if the employee does not have such furniture and the City of Point Arena does not have such furniture to lend to the employee; 6) Internet; and
7) Utilities
91 1218.3.1 Process for Requesting Reimbursement for Teleworking Expenses Not Covered Above
An employee that believes that other equipment, furniture or supplies are necessary in order for the employee to perform the job duties assigned by the City of Point Arena from their home, place of residence, or location other than an City of Point Arena worksite may request that the City of Point Arena provide reimbursement for such expense(s). In order to request reimbursement for an expense not enumerated above, the employee may file with their Supervisor or Manager, a Teleworking Expense Reimbursement Request form. An employee organization may file with the City Manager a Teleworking Expense Reimbursement Request form. The manager or supervisor will discuss the request with the City Manager who will make a determination as to the expense at issue. The determination of the City Manager shall be final and not subject to appeal or grievance.
1218.4 Amount of Reimbursement for One-Time and Recurring Expenses One-time and recurring expenses of covered Teleworking employees may be reimbursed by the City of Point Arena at amounts to be determined at the sole discretion of the City Manager. 1218.6 Amount of Reimbursement for Covered Teleworking Employees Who Do Not Telework on a Full-Time Basis
For covered teleworking employees who are Teleworking on a part-time basis, the reimbursement amounts provided above will be provided on a pro rata basis to be determined at the sole discretion of the City Manager to reflect the amount of time that the employee is working from their home, place of residence, or location other than an City of Point Arena worksite.
1218.7 Requirement that Employee Request Prior Approval for Reimbursable Expenses
If a covered Teleworking employee expects to incur an expense that is subject to reimbursement as identified in this policy, that employee is required to file with their manager or supervisor, a Teleworking Expense Reimbursement Form. The manager or supervisor will discuss the request with the City Manager who will make a determination as to the expense at issue. The determination of the City Manager shall be final and not subject to appeal. 1220 Policy on Employee Use of Social Media
1220.1 Introduction and Purpose
The City of Point Arena has implemented this Policy in order establish guidelines for the appropriate use of social media by City of Point Arena employees. 1220.2 Covered Individuals and Scope of Policy
92 This policy covers City of Point Arena employees regardless of rank or title, interns, and volunteers.
1220.3 Social Media Use Requirements
The City of Point Arena requires covered individuals to:
1) Observe and adhere to all City of Point Arena policies that may apply to individuals’ social media use, including but not limited to those policies that protect individuals’ confidentiality or privacy rights, anti-discrimination or harassment policies, and the antiworkplace violence policy. 2) Follow all applicable laws, including but not limited to those that protect individuals’ confidentiality or privacy and those that prohibit discrimination and harassment. 3) Refrain from using social media in any way that could adversely affect your job performance, the reputation of the City of Point Arena, or adversely affect members of the public served by the City of Point Arena.
4) Refrain from using social media during paid work hours, even if you are not actively posting to social media.
5) Refrain from commenting on any matter or issue on behalf of the City of Point Arena or representing that your posts or comments represent the City of Point Arena opinion on such subjects.
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1220.4 Social Media Use Best Practices
The City of Point Arena encourages individuals to adhere to the following practices when using social media:
1) Ensure that your social media posts are accurate and truthful, and do not contribute to the spread of misinformation or disinformation.
2) Be respectful of others and refrain from attacking others or making unnecessarily negative posts.
3) Protect your privacy by not posting personal information. 4) Be mindful that what you share, even if later deleted, may not actually be deleted. 1220.5 Violations of the Social Media Policy
Individuals who violate this Policy may be subject to discipline, up to an including termination. 93