San Marino City Council
September 10, 2025

1 CITY OF SAN MARINO
RESOLUTION NO. R-25-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO CALIFORNIA, ADOPTING REVISED, COMPREHENSIVE
PERSONNEL RULES AND REGULATIONS; AND ADOPTING A

STAND-ALONE HARASSMENT, DISCRIMINATION, AND

RETALIATION PREVENTION POLICY
WHEREAS, Section 2.05.01 (Personnel Rules and Regulations) of the City of San Marino (“City”) Municipal Code authorizes the City Council to adopt rules governing Personnel Rules and Regulations which shall govern the personnel administration of all employees of the City; WHEREAS, Since the last adoption of the City’s Personnel Rules and Regulations, both California and federal laws regarding personnel-related matters have undergone significant changes; WHEREAS, To better reflect current law and associated best practices for personnel administration, the City needs to revise and update the personnel rules and regulations; WHEREAS, The City Manager has caused to be prepared a comprehensive, revised set of Personnel Rules and Regulations, with the intent that such rules and regulations repeal and replace the City’s current Personnel Rules and Regulations in its entirety; and WHEREAS, As a part of the revision process, and to ensure compliance with the law, the City is also adopting a stand-alone Harassment, Discrimination, and Retaliation Prevention policy.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City finds and declares that the recitals set forth above are true and correct and are incorporated herein by this reference.

SECTION 2. Resolution No R-25-24. The City Council hereby rescinds repeals and replaces the Personnel Rules and Regulations in its entirety.

SECTION 3. Adoption of Personnel Rules and Regulations. The City Council hereby adopts the Personnel Rules and Regulations that are attached to this resolution as Exhibit A.

SECTION 4. Adoption of Stand-Alone Harassment, Discrimination, and Retaliation Prevention Policy. The City Council hereby adopts the following stand-alone Harassment, Discrimination, and Retaliation Prevention Policy, hereby repealing and replacing any other City policy covering the same relevant topics. The new Harassment, Discrimination, and Retaliation Prevention Policy is attached to this resolution as Exhibit B. 2 SECTION 5. The City Clerk is directed to certify to the passage of this Resolution.

PASSED, APPROVED AND ADOPTED on September 10, 2025.
_______________________________________

GRETCHEN SHEPHERD ROMEY, MAYOR
ATTEST:

ALISON WALKER, CITY CLERK
3 “EXHIBIT A”
City of San Marino

PERSONNEL RULES AND REGULATIONS
________________________________

TABLE OF CONTENTS
-i4897-8185-3027 v2
RULE I GENERAL PROVISIONS. .....................................................................................6 A. Purpose.....................................................................................................................6 B. Applicability. ...........................................................................................................6 C. Prior Policies Repealed............................................................................................6 D. Distribution of Personnel Rules and Related Personnel Policies.............................6 E. No Contract of Employment....................................................................................6 F. Conflicting Provisions. ............................................................................................7 G. Coordination with Department Policies...................................................................7 H. Amendments and Modifications to Rules................................................................7 I. Delegation of Authority. ..........................................................................................7 J. Severability. .............................................................................................................7 K. Definitions................................................................................................................7 RULE II NON-DISCRIMINATION ....................................................................................12 A. Equal Opportunity Employment............................................................................12 B. Disabled Applicants and Employees. ....................................................................12 C. Medical Examinations. ..........................................................................................13 D. Policy Against Harassment, Discrimination and Retaliation.................................14 E. Religious Accommodation.....................................................................................14 F. Anti-Nepotism Provisions......................................................................................14 G. Non-Fraternization.................................................................................................18 RULE III OUTSIDE EMPLOYMENT, ENTERPRISE, OR ACTIVITY ............................19 A. Attention to Duties During the Workday...............................................................19 B. Prohibited Conduct. ...............................................................................................19 C. Political Activity. ...................................................................................................20 RULE IV CLASSIFICATION ...............................................................................................21 A. Plan Administration. ..............................................................................................21 B. Adoption, Amendment, and Revisions to Classification Plan...............................21 C. Allocation of Positions...........................................................................................22 D. Job Descriptions.....................................................................................................22 E. Reclassifications. ...................................................................................................22 RULE V METHODS OF FILLING VACANCIES..............................................................22 -iiA. Requisition. ............................................................................................................22 B. Types of Appointments..........................................................................................23 RULE VI APPLICATIONS AND APPLICANTS ................................................................26 A. Announcement. ......................................................................................................26 B. Application Forms. ................................................................................................26 C. Criminal Conviction History..................................................................................26 D. Rejection. ...............................................................................................................27 RULE VII EXAMINATIONS.................................................................................................28 A. Examination Process..............................................................................................28 B. Promotional Examinations.....................................................................................28 C. Conduct of Examinations.......................................................................................29 D. Notification of Examination Outcome...................................................................29 RULE VIII EMPLOYMENT LISTS ........................................................................................29 A. Establishment and Certification of Employment Lists. .........................................29 B. Tied Scores.............................................................................................................29 C. Duration of List......................................................................................................29 D. Removal of Names from Employment List...........................................................29 RULE IX OFFERS OF EMPLOYMENT AND HIRING PROCEDURES ..........................30 A. Conditional Offer of Employment.........................................................................30 B. Final Offer of Appointment. ..................................................................................33 C. Right to Work in the United States........................................................................33 D. Driver License and Driving Record.......................................................................33 E. Employment Oath. .................................................................................................33 RULE X PROBATIONARY PERIODS...............................................................................34 A. Objective................................................................................................................34 B. Duration and Applicability. ...................................................................................34 C. Evaluations for Probationary Employees...............................................................34 D. Rejection from Probation.......................................................................................34 E. Promotional Probationary Period...........................................................................34 RULE XI DRUG-FREE WORKPLACE ...............................................................................35 A. In General...............................................................................................................35 B. City’s Right to Test for Drug and Alcohol Use. ....................................................35 -iiiC. Duty to Disclose Use of Legal Drugs. ...................................................................35 D. Duty to Acknowledge and Comply with City’s Policy. ........................................35 RULE XII WORKPLACE SAFETY.......................................................................................36 A. Commitment to Workplace Safety.........................................................................36 B. Injury and Illness Prevention Program. .................................................................36 C. Reporting Unsafe Conditions.................................................................................36 D. Industrial Injury and Illness. ..................................................................................36 E. Workplace Violence Prevention. ...........................................................................37 RULE XIII WORKPLACE RULES.........................................................................................40 A. Personal Appearance..............................................................................................40 B. Use of City Property and Equipment.....................................................................40 C. Electronic Communication Systems......................................................................40 D. Workspace..............................................................................................................41 E. Employee Searches and Inspections. .....................................................................41 RULE XIV COMPENSATION AND PAYROLL PRACTICES ............................................41 A. Work Schedules and Workweek............................................................................41 B. Hours Worked and Overtime.................................................................................43 C. Paychecks...............................................................................................................46 RULE XV ATTENDANCE AND LEAVES...........................................................................46 A. Attendance. ............................................................................................................46 B. Unauthorized Absence/Job Abandonment.............................................................47 C. Scheduling Leaves of Absence. .............................................................................48 D. Vacation. ................................................................................................................48 E. Sick Leave..............................................................................................................50 F. Bereavement Leave................................................................................................52 G. Leave of Absence Without Pay..............................................................................53 H. Administrative Leave.............................................................................................53 I. Military Leave........................................................................................................54 J. Jury Duty................................................................................................................54 K. Voting Leave..........................................................................................................54 L. School Leave..........................................................................................................55 M. Pregnancy Disability Leave, Reasonable Accommodation, or Transfer. ..............55 -ivN. Lactation Accommodation.....................................................................................55 O. Family Medical and Care Leave. ...........................................................................56 P. Work-related Injury/Illness Leave. ........................................................................56 Q. Fitness for Duty Leave...........................................................................................56 R. Long-Term Disability Payments............................................................................58 RULE XVI HOLIDAYS ...........................................................................................................59 A. Holidays Observed and Compensation for Holiday Time Worked. ......................59 B. Guidelines for Determining Date of Observation..................................................59 C. Change to Schedule or Observance of Holidays....................................................59 D. Holidays Falling During Period of Sick Leave......................................................59 E. Holidays Falling During Approved Leaves of Absence Without Pay...................60 F. Floating Holidays...................................................................................................60 RULE XVII PERFORMANCE EVALUATIONS.....................................................................60 A. Purpose...................................................................................................................60 B. Conduct of Evaluation. ..........................................................................................60 C. Performance Evaluation Reporting........................................................................60 D. Evaluation Process. ................................................................................................61 RULE XVIII RECORDS AND REPORTS.................................................................................62 A. Personnel Files. ......................................................................................................62 B. References..............................................................................................................62 RULE XIX DISASTER AND EMERGENCY SERVICES WORKERS ................................63 RULE XX DISCIPLINE..........................................................................................................63 A. In General...............................................................................................................63 B. Types of Discipline................................................................................................63 C. Grounds for Disciplinary Action. ..........................................................................63 D. Authority to Discipline. .........................................................................................65 E. The Pre-Disciplinary Process.................................................................................66 F. Appeal of Disciplinary Action...............................................................................68 G. The Independent Hearing Officer’s Decision. .......................................................71 RULE XXI GRIEVANCES ......................................................................................................72 A. Purpose and Applicability of Grievance Procedure...............................................72 B. Definitions..............................................................................................................73 -vC. General Provisions.................................................................................................73 D. Required Contents for Written Grievances............................................................75 E. Grievance Procedure..............................................................................................75 RULE XXII LAYOFF AND FURLOUGH ...............................................................................77 A. Layoff.....................................................................................................................77 B. Furlough and Reduction of Hours..........................................................................78 RULE XXIII SEPARATION FROM EMPLOYMENT..............................................................78 A. In General...............................................................................................................78 B. Return of City Property..........................................................................................78 C. Resignation. ...........................................................................................................78 D. Rejection During Probationary Period...................................................................79 E. Abandonment of Position. .....................................................................................79 F. Disciplinary Termination.......................................................................................79 G. Layoff.....................................................................................................................79 H. Retirement..............................................................................................................79 I. Disability................................................................................................................79 J. Death......................................................................................................................79 RULE XXIV SMOKING.............................................................................................................79 -6-
RULE I GENERAL PROVISIONS.

A. Purpose.

These Personnel Rules and Regulations (“Rules”) are adopted by the City Council of the City of San Marino (“City”). The purpose of these Rules is to provide for a lawful, efficient and orderly human resources system.

Upon adoption, these Rules shall supersede any and all personnel management policies, rules, regulations and procedures previously adopted, except those which were adopted by order of a department head1for that department, and which are not in conflict with the Rules specified herein.

B. Applicability.

These Rules apply to all employees in the Classified Service. Unless otherwise required by law, expressly stated herein, or provided in an employment agreement, the applicability of these Rules to individuals who are not in the Classified Service is limited to the following Rules: Rule I (General Provisions) and Section E of Rule XII (Workplace Violence Prevention).

In addition to the Rules identified in this section, the following Rules will also apply to all temporary, part-time, provisional, and seasonal employees: Rule II (Non-Discrimination); Rule III (Outside Employment, Enterprise, or Activity); Rule VI (Applications and Applicants), Sections C and E of Rule IX (Offers of Employment and Hiring Procedures); Rule XI (Drug-Free Workplace); Rule XII (Workplace Safety); Rule XIII (Workplace Rules); Section E (Sick Leave Section) of Rule XV (Attendance and Leaves); Rule XVIII (Records and Reports); Rule XIX (Disaster and Emergency Services Workers); Rule XXII (Layoff and Furlough); and Rule XXIII (Separation from Employment).

C. Prior Policies Repealed.

These Rules supersede any and all prior personnel policies except for department standard operating procedures, which are superseded to the extent that they conflict with one or more express provisions of these Rules.

D. Distribution of Personnel Rules and Related Personnel Policies.

A copy of these Rules or link providing web access will be distributed to each City employee along with copies of related personnel policies. Newly hired employees will receive a copy or link providing web access to these Rules, upon hire. In addition, these Rules will be maintained electronically on the City’s intranet system. An employee with questions about these Rules may contact Human Resources.

E. No Contract of Employment.
1 For the purpose of these Rules, the term “department head” also means “department director.” -7-
These Rules do not create any contract of employment, express or implied, or any rights in the nature of a contract.

F. Conflicting Provisions.

In the event of conflict between any provisions of these Rules and any provisions of a memorandum of understanding (“MOU”) between the City and a recognized employee organization, employment contract, City ordinance, or state or federal law, the terms and conditions of that MOU, contract, ordinance, rule or law will prevail. In the event of a conflict between any provision of these Rules and any provisions of an operative City Council resolution pertaining to employee salary or benefits, the terms and conditions of that resolution will prevail.

In all other cases that are not specifically covered by a MOU, by applicable resolution, or by law, these Rules will apply.

G. Coordination with Department Policies.

The City Manager or individual Department Heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe and orderly administration of the City or department. However, no such policies or procedures will conflict with or supersede these Rules, or other City Council resolutions and ordinances or existing laws, and any such policies must be submitted for and receive written approval by the City Manager before implementation. Copies of departmental policies and procedures must be distributed to each employee in the affected department with a copy maintained with Human Resources.

H. Amendments and Modifications to Rules.

Consistent with Sections 3500 and following of the California Government Code, the City reserves the right to amend, supplement, revise, or rescind any provision of these Rules.

Recommendation for such amendments or modifications may be made by the Human Resources Director to the City Council. At the time of City Council consideration, any interested party may appear and be heard. Amendments and revisions will become effective upon adoption by the City Council.

I. Delegation of Authority.

Except as otherwise provided, any duties, responsibilities, powers, and authority granted by these Rules to the Human Resources Director, or Department Heads may be delegated to any subordinate employee at the discretion of the delegating individual. The City Manager may delegate his/her authority, except where delegation is limited or prohibited.

J. Severability.

If any article, section, subsection, sentence, clause or phrase of these Rules is found to be illegal by a court of competent jurisdiction, such findings will not affect the validity of the remaining provisions of these Rules.

K. Definitions.
-8-
General Definition: All words and terms used in these Rules and in any personnel policies or procedures are intended to be defined as they are normally and generally defined in the field of personnel administration, unless a specific definition is provided in these Rules.

Specific Definitions:

Acting Appointment: An interim appointment of a current City employee by the City Manager to temporarily perform the full duties of a position with a higher maximum base rate of pay.

Administrative Leave: An employee may be placed on administrative leave pending the conclusion of an investigation of misconduct, while potential disciplinary action is considered, or for any other reason the City Manager, in their discretion, believes warrants such leave.

Allocation: Means the formal action of a competent authority assigning a position to a class of position based upon the nature of the position’s duties, responsibilities, and qualifications required.

Appointing Authority: The City Manager is the Appointing Authority for all City employees, except for all positions for which appointing authority is reserved by the City Council or as otherwise provided in the Municipal Code. The City Manager may delegate their appointing authority to a Department Head.

City: The City of San Marino.

City Council: The City Council of the City of San Marino.

Class/Class of position/Classification: All positions sufficiently similar in duties, authority, qualifications, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.

Compensation: The salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of service in any position, but does not include expenses authorized and incurred incidental to employment.

Classified Service: means the full-time offices, positions and employments in the service of the City which are included or which may hereafter be included under the classified service system by ordinance, except the following: 1) Elected and appointed officers; 2) Members of appointed boards, commissions and committees; 3) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time; 4) Volunteer personnel; 5) City Manager; 6) City Attorney; 7) Department -9-
heads; and 8) Employees serving in hourly, temporary, provisional, parttime, or seasonal appointments.

City Manager: The City Manager of the City of San Marino or designee.

Days: Calendar days unless stated otherwise in these Rules.

Demotion: The movement of an employee from one class to another class having a lower maximum base rate of pay.

Domestic Partner/Registered Domestic Partner: Means a member of a registered domestic partnership under California law.

Eligibility List: A list that contains the names of successful applicants according to their relative performance in the examination process and other terms set forth in these Rules. The applicants may be ranked in descending final ratings based on average scores through the interview process.

Eligibles: Persons who have taken an open-competitive examination or promotional examination and have qualified for placement on an eligibility list.

Exempt Employees: Employees who hold positions that, based on both the job requirements and the salary earned, do not entitle the employee to receive compensation at an overtime rate under applicable state or federal wage and hour laws.

Full-Time Employees: Employees who hold budgeted positions that normally require a 40-hour work week or that have been approved by the City Council to be a full-time position.

Furlough: Temporary, involuntary, non-disciplinary employee absence from duty that may be implemented by the City in addition to, or as an alternative to, layoff or other cost saving measures. Furlough time does not constitute a break in service for purposes of these Rules.

Human Resources Director: The Human Resources Director or the Human Resources Director’s designee.

Job Description: A written description of a class, identifying factors and conditions which are essential characteristics of the class, including the title, examples of duties and responsibilities which are typical of positions in the class, any factors or conditions which distinguish it from other classes, and necessary or desirable qualifications to perform the duties of positions in the class.
-10-
Lay-Off: The separation of employees from the active work force due to lack of work or funds, or organizational changes, or to the abolition of positions by the City Council for any of those reasons.

Management: Means the group of full-time, at-will appointments, department heads appointed by the City Manager subject to approval of the majority of the City Council.

Memorandum of Understanding/MOU: An agreement entered into between the City and a recognized employee organization pursuant to Government Code Sections 3500 and following, and any local rules adopted by the City in accordance with Government Code Section 3507.

Non-Exempt Employees: Employees who hold positions that, based on either the job requirements or the compensation earned, may entitle the employee to receive compensation at an overtime rate under applicable state or federal wage and hour laws.

Open-Competitive Examination/ Recruitment: A process that is open to all interested applicants and is not limited to current City employees.

Part-Time Employees: Employees who hold positions normally requiring fewer than 40 hours worked per week or fewer than 80 hours worked per pay period. Part-time employees are not subject to the terms and conditions of these Rules, except as specified in Section B of Rule I.

Position: A group of duties and responsibilities assigned to an employee based on the employee meeting certain minimum qualifications in a specified City department.

Probationary Period: An integral part of the selection process during which an employee is required to demonstrate fitness for his/her position based on actual performance of the duties of the position.

Promotion: The movement of a City employee from a position in one class to a vacant position in another class having a higher maximum base rate of pay and greater responsibility.

Promotional Examination/ Recruitment: A process that is limited to current City employees who are employed in any capacity.

Provisional Appointment: In the absence of available eligibles, a temporary appointment to a position by the City Manager of a person who is not a current City employee and who possesses the minimum qualifications established for the particular class.

Reclassification: The reassignment of one position in a class to a different class by the City Manager in accordance with these Rules.
-11-
Reduction in Pay: A temporary or permanent decrease in an employee’s base rate of pay for disciplinary reasons.

Reemployment List: A list of names of laid off employees, who may have reinstatement rights, for a specific classification or position.

Regular Employee: An employee in the classified service who has successfully completed the probationary period and has been retained in accordance with these Rules.

Rejection: The involuntary separation from the City service of an employee who has not successfully completed the probationary period for a position, or the return to the former position of an employee who did not successfully complete a promotional probationary period.

Resignation: The voluntary separation of a City employee from the City service.

A written resignation is accepted upon receipt by the City and may not be withdrawn except by authorization of the City Manager when it is deemed that the City’s best interests are served by permitting resignation withdrawal.

Salary Rate/Base Salary Rate: The dollar amount paid to an employee in accordance with the salary range for the employee’s class, exclusive of any overtime compensation, stipends, premium pay, or other wage augments.

Seniority: An Employee’s status in relation to other employees based first on years of service in a particular class and then on total years of service at the City.

Suspension: The temporary separation from service of an employee without pay for disciplinary purposes.

Temporary Employee: A person who is employed by the City for a limited period of time for a specified, limited purpose. Temporary Employees may not work more than 1,000 hours per fiscal year, and full-time Temporary Employees may not work for longer than 6 continuous months. Temporary Employees are eligible for only those benefits required by applicable State and Federal laws. Temporary Employees are at-will employees and may be separated from employment at any time with or without cause. Temporary Employees are not subject to the terms and conditions of these Rules, except as specified in Section B of Rule I.

Transfer: The movement of an employee from one position to another vacant Position in the same class in another department, to a vacant position in another class with the same maximum base rate of pay, or to a different class which has a different but generally comparable salary range, when in the judgment of the City Manager, both classes are equivalent with respect to duties and responsibilities.
-12-

RULE II NON-DISCRIMINATION
A. Equal Opportunity Employment.

The City is committed to providing equal employment opportunity based on individual merit in all employment practices, including, but not limited to, placement, promotion, disciplinary action, layoff, transfer, leave of absence, compensation and training to all qualified applicants and employees without regard to race, genetic information, religion, creed, color, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, military or veteran status, marital status, pregnancy, reproductive health decision-making, childbirth, breastfeeding, or a related medical condition, age over 40, medical condition, physical or mental disability or any other classification protected under state, federal, or local law.

Any technique or procedure used in recruitment and selection of employees will be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique will be used which, in the opinion of the Human Resources Director, is not justifiably linked to successful job performance.

Individuals who believe that they have experienced any form of employment discrimination by the City are encouraged to report their concerns immediately using the complaint procedure provided in the City’s Policy Prohibiting Discrimination, Harassment and Retaliation, which is included as Appendix A.

B. Disabled Applicants and Employees.

The City is committed to ensuring equal opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or co-worker, will not be tolerated. This policy applies to the job application process and to all employment practices, including, but not limited to, hiring, testing, placement, training, compensation, benefits, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training.

The City provides employment-related reasonable accommodation to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act (“FEHA”) and the Americans with Disabilities Act (“ADA”).

Request for Accommodation. An applicant or employee who seeks a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Director. The request must identify (a) the job-related functions at issue; and (b) the desired accommodation(s). Reasonable accommodation can include, but is not limited to, job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible.

Reasonable Documentation of Disability. Following receipt of the request, the Human Resources Director may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the -13-
employee’s ability to perform his/her essential job functions (or the applicant’s ability to perform the essential functions of a desired position), but will not seek or require disclosure of diagnosis or genetic history.

Interactive Process. The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of his/her position. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform.

Such interactive process will include a meeting with the employee or applicant, the City’s designated representative(s), and, if necessary, the employee or applicant’s health care provider.

Case-by-Case Determination. The City determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of reasonable accommodation(s) to provide. The City will not provide an accommodation that would impose an undue hardship upon the City or that is not required by law. The City will inform the employee or applicant of any decisions made under this section in writing.

Light/Modified Duty. During the interactive process, the City may approve, at its sole discretion and subject to availability, the employee to perform light or modified duty for a period of ninety (90) days, however, the City at its sole discretion may extend light or modified duty beyond ninety (90) days.

Fitness for Duty Leave. While the City is engaged in the interactive process with an employee, or awaiting the outcome of a medical examination based on an employee’s possible lack of fitness for duty, the City may require that the employee be placed on a fitness for duty leave in accordance with Section Q of Rule XV.

C. Medical Examinations.

Depending on the essential functions of a position, a medical examination may be required for:

1. Applicants who have received a conditional offer of employment;

2. Employees seeking a promotion, demotion, or transfer from one position requiring general physical abilities to another position requiring physical abilities of a different nature;

3. Employees returning to work from a medical leave of absence. The physician conducting the medical examination will be supplied with a current job description identifying the essential functions of the position; or

4. Employees for whom a supervisor reasonably suspects, based on personal observation or reliable reports, a lack of fitness for duty, in accordance with Section Q of Rule XV.

In accordance with Section Q of Rule XV, the doctor examining the applicant or employee will be limited to finding the employee “fit for duty” or “fit for duty with restrictions” -14-
or “unfit for duty”. In the case of finding an employee fit for duty, the doctor may issue work restrictions. In no case will the doctor reveal the underlying diagnosis or cause of the fitness or unfitness for duty without the employee’s written authorization.

The results of all medical examinations will be kept confidential and in a separate medical file from the general personnel file.

No person may hold any position in which he or she is not able to perform the essential functions of the position, with or without reasonable accommodation.

D. Policy Against Harassment, Discrimination and Retaliation.

The City’s policy prohibits unlawful harassment and discrimination based upon an applicant or employee’s race, genetic information, religion, creed, color, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, military or veteran status, marital status, pregnancy, reproductive health decision-making, childbirth, breastfeeding, or a related medical condition, age over 40, medical condition, physical or mental disability or any other classification protected under state, federal, or local law.

The City also prohibits unlawful harassment and discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. In addition, the City prohibits retaliation because of the applicant or employee’s opposition to a practice he/she reasonably believes to constitute employment discrimination or harassment or because of his/her employee’s participation in an employment investigation, proceeding or hearing.

Applicants or employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct in accordance with the City’s complaint procedures. Applicants and employees should review the City’s complete Policy Prohibiting Discrimination, Harassment and Retaliation, which is included as Appendix A.

E. Religious Accommodation.

The City will make accommodations to the known religious creed of an applicant during the hiring process and of an employee in the course of employment, unless doing so would impose an undue hardship on the City.

F. Anti-Nepotism Provisions.

1. Definitions.

Applicant. A person who applies for a position at the City and is not a Current Employee.

Change of Status. A change in the legal status or personnel status of one or more Current Employees.

Changes in legal status include but are not limited to marriage, divorce, separation, -15-
or any such change through which a Current Employee becomes a Family Member of another Current Employee or ceases to be a Family Member of another Current Employee.

Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.

Current Employee. A person who is presently a City employee, or an elected or appointed City official.

Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis constitutes Direct Supervision:

Occupying a position in an employee’s direct line of supervision; or Functional supervision, such as a lead worker, crew leader, or shift supervisor; or Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.

Family Member. A spouse, domestic partner, parent, parent-in-law, step-parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, stepchild, legal ward, daughter-in-law, son-in-law, cousin, aunt, uncle, grandchild, or grandparent.

Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:

Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant.

Direct Supervision of a Family Member that does not comply with limitations set forth in this Section;
Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.

2. Applicants for Employment.

Right to Apply. No qualified Applicant may be denied the right to submit an application for employment and compete in the examination process. However, consistent with this Section, the City may reasonably regulate, condition, or prohibit the employment of an Applicant for a position.

Disclosure of Relationship. Each Applicant is required to disclose the identity of any Family Member who is a Current Employee.

Review by Human Resources Director. For each Applicant who has a Family -16-
Member who is a Current Employee, the Human Resources Director will assess and issue a written decision as to whether any of the following circumstances exist:

Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.

3. Effect of Decision of the Human Resources Director.

If the Human Resources Director determines that either of the above circumstances exists, the Human Resources Director may either reject the Applicant or consider the Applicant for employment in a position that does not present either of the above circumstances.

Following examination, if the Applicant is successfully certified as eligible pursuant to Section A of Rule VIII, he or she may be employed in a position for which the Human Resources Director has determined that neither circumstance exists pursuant to Section F.2 of this rule.

When an eligible Applicant is refused appointment by virtue of this policy, his/her name will remain on the eligibility list for openings in the same classification. For each opening, the Human Resources Director will make a determination consistent with Section F.5 of this rule.

4. Guidelines for Current Employees.

Duty to Report. Employees must report a Change of Status to the Human Resources Director within a reasonable time after the effective date of the Change of Status. Wherever feasible, Employees must report a Change of Status in advance of the effective date.

5. Review and Decision by the Human Resources Director.

The Human Resources Director will undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale.

The Human Resources Director will consult with an affected Department Head to make a reasonable, good faith effort to regulate, transfer, condition or assign duties in such a way as to minimize potential problems of supervision, safety, security, or morale.

Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action as set forth in Section D of Rule XX.

The Human Resources Director will issue a written decision within 30 days from -17-
receipt of notice of a Change of Status.

6. Appeal of Decision by Human Resources Director.

Current Employees and Applicants affected by the application of this Section may appeal the action to the City Manager within five days of receipt of the Human Resources Director’s decision.

The City Manager will hear the individual’s concerns and issue a written decision within 30 days of the receipt of the individual’s appeal. The decision of the City Manager is final and binding, and no other appeal may be had unless the employee is entitled to further administrative appeal under other provisions of these Rules.

7. Monitoring by Department Head.

Following a Change of Status or new hire of a Family Member, affected Department Heads must reasonably monitor and regulate both Family Members’ conduct and performance for a period of one year from the date of the Human Resources Director’s determination. The Department Head will document these actions. Successive Department Heads may re-visit such a determination at their discretion.

If the Department Head determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Head will revisit the Human Resources Director’s determination. Depending on the severity of the Prohibited Conduct, the Department Head may recommend that the Human Resources Director take one or more of the following additional measures:

Transfer one of the Family Members to a similar position that would not be in violation of this policy and would not be a promotion. The transfer will be granted provided the Family Member qualifies and there is an opening to be filled. There can be no guarantee that the new position will be within the same classification or at the same salary level.

If the situation cannot be resolved by transfer, one of the Family Members must separate from City employment. If one of the employees does not voluntarily resign, the employee with primary responsibility for the Prohibited Conduct will be discharged.

Department Heads who receive complaints from other employees that one or more Family Members has engaged in Prohibited Conduct must respond in accordance with existing complaint and disciplinary procedures, where applicable.

Where situations exist prior to the effective date of this Section that may be in conflict with this Section, every effort will be made to reasonably address the situation so as to avoid any future conflict.

8. Employee Complaints.

Employees who believe that they have been adversely affected by Prohibited Conduct by a Family Member should submit complaints to a Department Head or to the Human -18-
Resources Director.

G. Non-Fraternization.

1. In General. Consensual romantic or sexual relationships between City employees can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of the City. Relationships that present an actual conflict under this Section are therefore prohibited.

2. Application. This section applies to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions of Section F of this Rule, regarding nepotism, will govern employees who marry or become domestic partners with another City employee.

3. Definition of Conflict. For purposes of this section, a conflict exists if business issues of supervision, safety, security, or morale would be implicated by a romantic or sexual relationship between two employees.

4. Supervisor’s Duty to Report. If a romantic or sexual relationship exists between a supervisor and another employee (including another supervisor), the supervisor must promptly disclose the relationship to the Human Resources Director and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees.

5. Determination by Human Resources Director. Within five working days, the Human Resources Director will issue a written determination as to whether the relationship presents a conflict and is thereby prohibited. The Human Resources Director, in consultation with the City Manager, will have exclusive discretion in making the determination.

6. Resolution of Conflicts. Subject to any limitations imposed by these Rules, the Human Resources Director will attempt in good faith to work with the supervisor and the other employee to consider options to eliminate the conflict, including removing the supervisory authority that created the conflict, reassignment, transfer or voluntary demotion of a supervisory employee, or where the Human Resources Director determines that modification of a supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non-supervisory employee. The Human Resources Director retains discretion to determine that the conflict may be resolved via voluntary resignation or termination only.

7. Prohibited On-Duty Conduct. All City employees are prohibited from engaging in intimate, physical, or other conduct in furtherance of a romantic -19-
or sexual relationship with another City employee at work locations during work hours. Moreover, upon termination of a sexual or romantic relationship with another City employee, employees are prohibited from engaging in behavior that adversely affects the working conditions of such City employee or any other City employee. In general, all employees are expected to observe appropriate standards of workplace conduct in their interactions with other City employees.

8. Employee Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees should follow the complaint procedures provided under the City’s Prevention and Correction of Harassment, Discrimination and Retaliation Policy, included as Appendix A. The complaint procedures are available to all employees regardless of their past or present participation in a romantic or sexual relationship with another City employee

RULE III OUTSIDE EMPLOYMENT, ENTERPRISE, OR ACTIVITY
A. Attention to Duties During the Workday.

During the workday, employees are expected to devote their full attention to the performance of their assigned duties. Any approved outside work, part-time job, hobbies, or personal business must be performed during off-duty hours. Off-duty hours include unpaid lunch break periods, but do not include other rest or break periods during which the employee continues to receive pay.

B. Prohibited Conduct.

1. In General. In accordance with Government Code section 1125 et seq., no employee may engage in any outside employment, enterprise, or activity that is inconsistent, incompatible, in conflict with, or adverse to his/her employment or employee’s ability to perform the employee’s duties and responsibilities, including performance of overtime work and emergency duties, or any other aspect of City operations. Employees are required to notify their Department Head in writing of all outside employment in which they are engaged or in which they intend to engage, so that the City may assess whether such outside employment conflicts with the employee’s City employment.

2. Specific Examples. An employee’s outside employment, enterprise, or activity will be prohibited when any of the following are present:
a. It involves the receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course or hours of the employee’s City employment or as part of the employee’s duties as a City employee;
-20-
b. It involves the use for private gain or advantage of the employee’s City time, facilities, equipment and/or supplies; or the badge, uniform, prestige, or influence of the employee’s City employment; c. It involves the performance of an act, in other than employee’s capacity as a City employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City; or
d. It involves time or scheduling demands as would render performance of the employee’s duties as a City employee less efficient.

3. Department Head Determination. When outside employment is reported to a Department Head, the Department Head will determine whether the employee’s outside employment conflicts with the performance of the employee’s duties, and will advise the employee of such determination in writing.

4. Appeal of Department Head’s Determination.
a. An employee may appeal the Department Head’s determination to the Human Resources Director within 14 days from the employee’s receipt of the Department Head’s determination by filing a written appeal with the Human Resources Director.
b. The employee must specify the grounds on which the employee challenges the Department Head’s determination, and must attach all relevant documentary evidence to the appeal. The Human Resources Director must schedule a meeting with the employee and the Department Head to discuss the Department Head’s
determination.
c. The Human Resources Director will issue a written decision to the employee and the Department Head within 14 days from the date of the meeting.

The decision of the Human Resources Director will be final.

C. Political Activity.

1. In General. Consistent with the provisions of Government Code sections 3201-3209, employees may not engage in political activity during working hours, while on City property on which members of the public would not be entitled to engage in political activities, or while in uniform.

2. Solicitation of Political Contributions.
-21-
a. No City employee may knowingly, directly or indirectly, solicit a political contribution from a City employee, City officer, or person on an employment list. However, this does not prohibit City employees from requesting political contributions if the solicitation is part of a solicitation made to a significant segment of the public, which may include City employees. This rule also does not prohibit a City employee from soliciting or receiving political funds or contributions to promote the passage of or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of City employees, provided that such solicitation cannot occur during working hours or while on City property.
b. For purposes of this Section, “contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.

RULE IV CLASSIFICATION
The Position Classification Plan provides a common language for use by the City Council, City Manager, managers and employees in discussing or considering the duties and responsibilities of authorized positions; a base for establishing an equitable pay plan; and needed information in recruiting, selecting, promoting, transferring, and training employees or making organizational changes.

A. Plan Administration.

1. The City Manager is responsible for administrating the plan.

2. The classification plan will not include persons working as independent contractors or elected/appointed officials.

B. Adoption, Amendment, and Revisions to Classification Plan.

The classification plan is to be adopted by resolution of the City Council and may be revised from time to time by resolution of the City Council. The revisions may consist of the addition, abolishment, consolidation, division, or amendment of existing classes.

Department heads are responsible for notifying the Human Resources Director in writing when the duties of a position are modified significantly, so a classification study can be made of that position. When the Human Resources Director finds that the classification study of an existing position determines the need for a new classification, or revision of an existing classification, the Human Resourced Director will recommend to the City Manager for requisite changes. To make revisions to the classification plan, whether adding a new position or revising an existing position, the City Manager shall propose the revisions to the City Council and City Council makes the final decision regarding revisions.
-22-
C. Allocation of Positions.

Following the adoption of the classification plan, the City Manager will allocate every position in the Classified Service to one of the classes established by the plan.

D. Job Descriptions.

The Human Resources Director, in consultation with Department Heads, will prepare written specifications for each classification of positions to the City Manager for review.

The specifications, when approved by the City Manager, will constitute the official classification specifications for the Classified Service, and will indicate the date of approval or last revision.

Each specification will include the classification title, a brief description of the scope, nature, and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the classification; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Specifications are not restrictive. The specifications, shall not be construed as an all-inclusive list of tasks performed; or be interpreted as restricting the assignment of related tasks not specifically listed therein; or as limiting the authority of supervisory personnel to assign, direct and control the work of subordinate employees. A Department Head may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.

E. Reclassifications.

1. When the assigned duties of a position have been materially changed by the City so as to necessitate reclassification, the affected employees(s) will be allocated by the City Manager upon approval by City Council to a more appropriate class, whether new or already created. Reclassifications may not be used for the purpose of avoiding restrictions concerning demotions and promotions, or to effect a change in salary in the absence of a significant change in assigned duties and responsibilities.

2. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, to their immediate supervisor, who will work with the Department Head and Human Resources Director to further evaluate the position.

RULE V METHODS OF FILLING VACANCIES
A. Requisition.

Whenever a vacant position is to be filled, the Department Head will ask the Human Resources Director for certification of names of persons eligible for the position. The Department Head will identify whether the position is to be filled on a temporary or regular basis and when service must begin. Except where an emergency appointment is necessary, vacancies may be filled by promotion or transfer, within the provision of these Rules and with the approval of the City -23-
Manager or by new appointment from an eligible list by the City Manager in consultation with the Department Head.

B. Types of Appointments.

Except as otherwise provided in Rule XXII in relation to laid off employees on a re-employment list, all vacancies in the Classified Service will be filled by transfer, demotion, or from eligibles certified from an appropriate employment list, if available. In the absence of persons eligible for appointment in these ways, provisional or acting appointments may be made in accordance with these Rules.

1. Promotion.
a. All vacancies in the Classified Service are filled by promotion when practical and consistent with interests of the City, as determined in the sole discretion of the City Manager. When a vacancy arises, an exam will be given and a promotional list established. All qualified employees may apply.
b. If determined to be in the best interest of the City by the City Manager, vacancies may instead be filled by open-competitive exam and certification of an open-competitive employment list by the Human Resources Director in accordance with Rule VIII.

2. Transfer.
a. City-initiated Transfer. The City Manager has the right to transfer employees as may be required by business conditions or other factors. An employee may be transferred by the City Manager at any time from one position to another position in a comparable class.

Comparable class is one with the same minimum qualifications for that position, the same maximum salary involving the performance of similar duties and requiring basically the same qualifications.

The employee's current salary and anniversary date are retained. b. Employee-Initiated Transfer. An employee who has completed the probationary period may request to transfer from one position to another vacant position in a comparable class, so long as that employee meets the minimum qualifications for that position.

Employees requesting a transfer must submit a memorandum to the City Manager detailing the request for transfer and reasons for the request. Upon receipt of the transfer request, the City Manager will notify the employee’s Department Head. Job performance and qualifications will be evaluated to ensure the most effective use of the employee’s capabilities in determining the transfer request.

Transfers may only be made upon approval of the City Manager. -24-

3. Demotion.
a. Involuntary Demotion. Employees may be demoted by the City Manager for disciplinary purposes, including, but not limited to, when performance of required duties falls below standard.

Disciplinary demotions are taken in accordance with procedures discussed in Rule XX.
b. Voluntary Demotion. An employee may request demotion to a vacant position for which the employee possesses the minimum qualifications. Voluntary demotion requires approval by the City Manager.

4. Appointment from Employment List.
a. If the City Manager does not consider it in the City’s best interest to fill the vacancy by promotion, transfer or demotion, appointment will be made from an appropriate employment list.
b. The Department Head may recommend appointment of any of the eligibles on the employment list, subject to final approval by the City Manager.

5. Provisional Appointment.
a. In the absence of there being at least three names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the City Manager of a person who is not an employee and who meetsthe minimum training and experience qualifications for the position.
b. A provisional appointment may also be made by the City Manager during the period of leave of absence or suspension of an employee or pending final action on proceedings to review suspension, demotion, or discharge of an employee.
c. A provisional employee may be removed at any time without cause and without right of appeal or hearing.
d. No provisional appointment may exceed six months. Individuals hired under a provisional appointment will be notified in writing by the City that the appointment is of a temporary nature. e. Except as otherwise required by law, a provisional appointee will not be entitled to the rights and benefits afforded to classified employees under these Rules.
-25-
f. If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee will be counted as time toward the fulfillment of the required probationary period.

6. Acting Appointment.
a. Acting appointments (also referred to as “out of class” appointments) may be used to: (a) temporarily fill a vacant position pending completion of an appropriate selection procedure and permanent appointment to the vacancy; or (b) temporarily assign an employee to perform the responsibilities of a higher classification during the absence of the incumbent employee and only for such time as the incumbent employee is unable to fulfill the duties of that position. Acting appointments may also be made in the event of an emergency.
b. An employee who is assigned in writing by the City Manager to serve an acting appointment in a higher level vacant regular or limited-term position for longer than five (5) consecutive working days will be appointed on a temporary basis to that class as of the first day in the acting position. The employee must meet the minimum qualifications of the acting position and must be performing all of the duties. An acting appointment to a position that is vacant during recruitment for a regular appointment can last no longer than 960 hours in a fiscal year. Acting appointments in all other circumstances cannot exceed a period of 12 months. (i) At any time the employee may request to be reassigned to his/her former class. In such a case, the employee will be reassigned within seven days.
(ii) At any time the employee may be removed and reassigned to his/her former class without right of appeal or hearing. c. An employee who is serving an acting appointment under the terms in this Section will receive a salary increase of 5% of his/her base salary for the duration of the acting appointment. An employee who is serving an acting appointment shall not be subject or entitled to any other changes to compensation or benefits.
d. Upon return from an acting appointment, an employee will have the right to return to his/her former class and department and will have the step status and merit increase eligibility date he/she would have achieved if the employee had remained in the lower class throughout the period of his/her acting appointment.
e. In the event an acting appointment is made to a position that is vacant during an active recruitment for a permanent appointment, -26-
the City will comply with the requirements of Government Code section 20480.

RULE VI APPLICATIONS AND APPLICANTS
A. Announcement.

All examinations for classes in the Classified Service will be publicized by such methods as the Human Resources Director deems appropriate. All announcements will specify, at minimum, the title and pay of the class for which the examination is announced; the nature of work to be performed; desired qualifications for the performance of work of the class; the dates, time, and the place and manner of making the application.

B. Application Forms.

Applications must be made as prescribed on the examination announcement.

Application forms will require inclusion of all applicable training, experience and other pertinent information and may request any other certificates or qualifying materials as deemed necessary by the Department Head or Human Resources Director. Applicants must complete the form as directed and certify that all statements are correct.

C. Criminal Conviction History.

1. The City will not ask any applicant for employment to disclose, through any written form or verbally, at any time, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post-trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Penal Code sections 1203.4, 1203.4a, 1203.45, and 1210.1.

2. Unless otherwise required by law, the City will not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, until the City has issued a conditional offer of employment. The job announcement for the position in question will advise whether a lawful exception to this provision applies, such as for positions subject to the stringent requirements of Public Resources Code section 5164.

Applicants who receive a conditional job offer may be requested to complete a supplemental form regarding criminal conviction history for review by the City, and a background screening, as part of the examination process. The Human Resources Director will conduct an individual assessment for each applicant who has prior convictions before determining whether to disqualify the applicant and rescind the conditional offer of employment. Additional information regarding these procedures are set forth in Rule IX, below. -27-
D. Rejection.

1. The Human Resources Director, the pertinent Department Head, or City Manager may reject any applicant, at any point in the recruitment or hiring process, under any of the following circumstances:
a. The application shows on its face that the applicant does not possess the minimum qualifications required for the position.
b. The applicant failed to submit a complete application within the prescribed time limit.
c. The application shows on its face that the applicant is physically or psychologically restricted from performing the essential functions of the position applied for, and the City determines that no reasonable accommodation can be made for such medical
restrictions in the position applied for.
d. Failure to pass pre-employment medical examination and/or background check.
e. The applicant has omitted or made a false statement of material fact or practiced any deception, fraud or misconduct in the application process.
f. The applicant is currently using illegal drugs.
g. Dismissal for cause from prior public or private employment. h. An employment history or personal conduct which demonstrates a lack of fitness for City employment.
i. The applicant is not legally permitted to work within the United States.
j. When City is prohibited by law from hiring the applicant for the position based on the applicant’s conviction history, or when the City makes a final determination of disqualification based on the applicant’s conviction history in accordance with the procedures in Rule IX.

In addition, applicants with the least desirable background or qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration.

However, if an applicant who meets the minimum qualifications established for the classification or position to which they seek appointment is a veteran, as that term is defined in -28-
Section 50088 of the California Government Code, such veteran will automatically proceed to the examination phase of the selection process.

Whenever an application is rejected or disqualified from further participation in the selection process, the City will notify the applicant.

2. Disqualified Application. The City Manager or Human Resources Director, may provide a disqualified applicant an opportunity to provide additional clarifying information.

3. Defective Applications. Defective applications, such as those that are incomplete or unsigned, may be returned to the applicant with an opportunity to cure the defect, so long as the time limit for receiving applications has not yet expired. Applications that remain defective following expiration of that time limit will be rejected.

RULE VII EXAMINATIONS
A. Examination Process.

1. The selection techniques used in the examination process will be impartial and relate to those subjects, which, in the opinion of the Human Resources Director, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed.

2. Examinations will consist of selection techniques that will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interview, performance tests, physical ability tests, evaluation of daily work performance, work samples, medical tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests.

Examinations will be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements.

B. Promotional Examinations.

Promotional examinations may be conducted whenever, in the opinion of the City Manager, the needs of the service require it. Promotional examinations may include any of the selection techniques mentioned in Section A. of this Rule, or any combination of them. Only regular or probationary employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations. Notwithstanding the foregoing, the City Manager is not obligated to consider in-house applicants only, and reserves the right to discontinue a promotional examination if it appears, in the City Manager’s sole discretion, that the employee applicant(s) are not sufficiently well qualified to justify recruitment and selection from within current City employees.
-29-
C. Conduct of Examinations.

The City Manager or Human Resources Director will determine the manner and methods and by whom examinations will be prepared and administered. The Human Resources Director will arrange for the use of public facilities and equipment to conduct examinations.

D. Notification of Examination Outcome
Each candidate in an examination will be notified of candidate’s pass/fail status of examinations. Actual scores from particular tests may be provided upon request.

RULE VIII EMPLOYMENT LISTS
A. Establishment and Certification of Employment Lists.

As soon as possible after completion of an examination, the City Manager or Human Resources Director will prepare and maintain an employment list consisting of the names of eligibles who qualified based on examination results. Employment lists will be confidential; names and final scores will not be made public information. Employment lists will become effective upon the City Manager’s or Human Resources Director’s certification that the lists represent the relative evaluations of candidates who appear on them.

B. Tied Scores.

Except as provided in this section, in case of tied scores, all eligibles will receive similar treatment, including certification at the same time, notwithstanding that such action may require an exception to any of these Rules pertaining to numbers of persons certified.

The City Manager or Human Resources Director may rank eligibles with tied scores based on veteran status, as that term is defined in Section 50088 of the California Government Code. The City Manager or Human Resources Director may also rank eligibles with tied scores based on the date the City received the original application for the vacancy.

C. Duration of List.

Employment lists for classifications for which there is a continuous recruitment and classifications within the Fire Department will remain in effect indefinitely. All other employment lists will remain in effect for six months, unless sooner exhausted, and may be extended by action of the City Manager or Human Resources Director for additional periods, but in no event will they be extended for more than one year. In the event there are less than three names on an employment list, the City Manager or Human Resources Director may declare such list void, in which case a new examination may be announced and given.

D. Removal of Names from Employment List.

The names of any person appearing on an employment list will be removed by the City Manager or Human Resources Director upon disqualification under Section A of Rule IX, upon receipt of the written request by that person to be removed from the list, or if the applicant -30-
fails to timely and sufficiently respond to an offer issued pursuant to this Rule. It is the applicant’s responsibility to keep the City informed of his/her current contact information. The names of persons on promotional eligibility lists who separate from service pursuant to Rule XXIII will automatically be dropped from such lists.

RULE IX OFFERS OF EMPLOYMENT AND HIRING PROCEDURES
A. Conditional Offer of Employment.

After interview and complete investigation as deemed appropriate, the Department Head selects a candidate from the certified eligibility list, and the Human Resources Director may make a conditional offer of employment from among the certified eligibles, contingent upon the results of a conviction history review and pre-employment medical examination.

1. Background Screening and Conviction History.
a. As a condition of employment, the City requires an applicant to be fingerprinted and/or to undergo a background check prior to beginning employment. Refusal of an applicant or employee to be fingerprinted, failure to report for fingerprinting or failure to provide such information as is necessary to conduct a background check will be sufficient cause for disqualification for employment or termination from employment.
b. No person shall be employed in the Police Department until they undergo a background check and the Chief of Police has certified no record of felony conviction exists.

2. Fingerprints will be submitted using the “LiveScan” process and in accordance with applicable state, federal, and local laws regarding the LiveScan process. A background investigation may include, but is not limited to reference checks, employment history, criminal history, and public records. When the City conducts such an investigation, it will comply with all applicable requirements of the federal Fair Credit and Reporting Act and the California Investigative Consumer Reporting Agencies Act, as well as all other applicable state and federal laws.

3. Individualized Assessment Process
Except for Police Department positions, or as otherwise required by law, if an applicant’s background screening discloses a previous criminal conviction, the City will engage in the following individualized assessment process:
a. The City will conduct an individualized assessment, taking into account a number of factors in determining whether to recommend disqualifying the applicant and rescind a conditional offer of -31-
employment. The individualized assessment will, at minimum, take into account:
(i) The nature and gravity of the offense or conduct (e.g. the specific context for and details of the applicant’s conduct underlying the conviction, including the applicant’s thenage, whether the conduct harmed people or property, and if so, the permanence and severity or monetary cost of the harm;
(ii) Any contributing role of a disability, mental impairment or past drug addiction and whether the disability or likelihood of similar conduct has been or could be mitigated or
eliminated by treatment or reasonable accommodation;
(iii) Any contributing role of trauma, domestic or dating violence, sexual assault, stalking, human trafficking, duress, or other similar factors;
(iv) Relevant timeframes, such as time between conduct and conviction, time since conviction, and time passed since release from any resulting incarceration;
(v) The nature of the job in relation to the convicted conduct, such as job duties, the likelihood of the same underlying context arising in the City’s workplace, and the likelihood of the same type or degree of harm occurring in the City’s workplace; and
(vi) Any information already provided voluntarily by or on behalf of the applicant addressing any of the above factors. b. The Human Resources Director will then make a preliminary determination based on the results of the individualized assessment.

If that preliminary determination is to disqualify an applicant based on conviction history, the City will issue a written notice of intent to the applicant, identifying the conviction at issue, including a copy of the conviction history report (if any). The notice will also advise of the applicant’s right to respond within five business days to challenge the accuracy of the conviction history report and provide evidence of any mitigating circumstances.
c. An applicant who notifies the Human Resources Director in writing of efforts to obtain evidence disputing the conviction history information or report will receive a minimum of five additional business days to respond.
-32-
d. The applicant may also request in writing that the Human Resources Director exercise discretion to permit additional time to respond.

The applicant must support this request by demonstrating that the applicant has made reasonable efforts to obtain evidence but has been delayed for reasons beyond the applicant’s control. e. After considering any information provided by the applicant, the Human Resources Director will make a final decision regarding disqualification. If the final decision is to disqualify the applicant based on conviction history, the City will provide written notice to the applicant of the decision and of the applicant’s right to file a complaint with the California Civil Rights Department.

4. Medical Examination of Applicants.
a. Following a conditional offer of employment and completion of the conviction history process, prospective employees may be required to complete a job-related pre-employment medical examination.

The City may require that employees undergo a psychological and/or medical examination as it deems necessary to determine whether prospective employees are mentally and physically capable of performing the essential functions of the position applied for. b. In addition, depending on the classification, a prospective employee to whom a conditional offer of employment is made may be required to pass a test for controlled substances in conjunction with the medical exam, under procedures described in the City’s Drug Free Workplace Policy. The offer of employment is conditioned on a negative test result. Applicants will be informed of the City’s drug testing policy in the job announcement. Employees who occupy safety-sensitive positions may be subject to further drug testing as set forth in any applicable City policies, or applicable federal, state, or local laws.
c. A licensed health care provider chosen by the City will perform any required pre-employment medical examinations with no cost to the prospective employee.
d. Prospective employees will be required to complete a medical questionnaire and a medical records release as necessary to facilitate the examination process.
e. Following the examination process, the health care provider will notify the City whether the employee is fit for duty, fit for duty but subject to particular restrictions, or not fit for duty, as set forth in Section Q.4. of Rule XV.
-33-
(i) The City will evaluate the availability of reasonable accommodation(s) for prospective employees whose fitness for duty is subject to restrictions, as required by law. (ii) An applicant will be considered to have “passed” a medical examination if his/her medical examination results in a report that the applicant is fit, or is fit subject to medical restrictions for which the City is able to identify and implement an effective, reasonable accommodation.

B. Final Offer of Appointment.

An applicant who has “passed” both the conviction history and medical examination stages, where applicable, will be provided with a final offer of appointment by the City Manager or designee, provided that the City has not identified any grounds for disqualification as otherwise provided by these Rules. If the applicant accepts this final offer, he/she will report to the Human Resources Director for processing on or before the date of appointment.

C. Right to Work in the United States.

The City is committed to full compliance with federal immigration laws. All new hires must provide satisfactory evidence of his/her identity and legal authority to work in the United Sates in accordance with federal Form I-9 procedures.

D. Driver License and Driving Record.

Employees who are required to drive as part of their job duties are required to possess a valid California driver license and maintain a satisfactory driving record acceptable to the City as a condition of employment. The City, will, from time to time, obtain a copy of employee driving records from the DMV where required or permitted by law. Employees must immediately report to their immediate supervisor and the Human Resources Director any changes in driving privileges.

E. Employment Oath.

Under Government Code sections 3100 and 3102, all public employees and all disaster service volunteers must sign an oath of allegiance before entering the duties of their employment or volunteer service. The signed oath will be retained in the personnel file. The oath will be administered by the Human Resources Director, City Clerk, or Deputy City Clerk or a duly authorized designee.
-34-

RULE X PROBATIONARY PERIODS
A. Objective.

The probationary period shall be regarded as a part of the selection process and shall be used for closely observing the employee’s work, to determine if they can successfully perform the assigned duties of their position and adhere to City rules and policies, and to help ensure the employee effectively adjusts to their position.

B. Duration and Applicability.

All new City employees in the classified service shall serve a probationary period of twelve months, unless otherwise specified in the MOU’s. This probationary period may be extended by an additional period of up to three months by recommendation of the Department Head and approval of the City Manager, with written notice of extension provided to the probationer prior to expiration of the initial probationary period. Such requests for extensions of the probationary period will be evaluated on a case-by-case basis taking into consideration whether the extension will assist the trainee employee meet the minimum performance standards of the job.

Periods of time off work during unpaid absences will automatically extend the probationary period by the number of days of the absence. Further, periods of time off work during paid absences exceeding 20 consecutive working days will extend the probationary period by a corresponding number of days.

C. Evaluations for Probationary Employees.

During the probationary period, a probationary employee (including employees serving a probationary period due to promotion, transfer, or demotion,) must be evaluated before completing the probationary period, and before completing any extension of the probationary period under Section B of this Rule. This requirement in no way prevents the release of a probationary employee before the end of a probationary evaluation period, whether or not an evaluation has been completed for that period.

D. Rejection from Probation.

If the Department Head or the City Manager determine that regular employment is not in the best interest of the City during the probationary period, an employee may be released at any time prior to the probationary period’s expiration without the right of hearing or appeal. The City is not required to explain the reasons underlying the release from probationary employment.

E. Promotional Probationary Period.

1. When a regular employee is promoted, a promotional probationary period begins on the first day that the promotion is in effect. During the probationary period of a promoted employee, the Department Head or City Manager may recommend that the employee be returned to the former position, range and salary if the employee’s performance or conduct does -35-
not meet the standards set for the position to which the employee was promoted.

2. At any time the Department Head or City Manager may release an employee from City employment without any right of appeal. The Department Head or City Manager may return the employee to a previously held regular position. If the former position is not vacant, the employee may request to be placed on a reemployment list. Employees who were regular employees prior to their promotional probationary period shall be given the notice and appeal rights set forth in Rule XX (Disciplinary Procedure).

RULE XI DRUG-FREE WORKPLACE
A. In General.

The City, in accordance with its policy and belief in a drug-free workplace, prohibits the unlawful manufacture, distribution, possession, sale or use of illegal drugs, narcotics, and alcoholic beverages on its premises and prohibits any employee from being under the influence of any controlled substance legal or illegal while conducting or performing City business, regardless of location.

B. City’s Right to Test for Drug and Alcohol Use.

All City employees, as a condition of employment at the City, consent to the City requiring examinations and tests for drugs and alcohol to the extent allowed by law, at the City’s discretion and expense and at a City-designated testing location. Refusal to submit to such examinations and tests may result in disciplinary action, up to and including termination.

C. Duty to Disclose Use of Legal Drugs.

Employees taking prescription drugs that may impair job performance are required to notify their supervisor of such use but need not disclose the name of the prescription drug or underlying diagnosis. Employees are encouraged to keep prescription drugs in their original containers.

D. Duty to Acknowledge and Comply with City’s Policy.

As a condition of employment, employees agree to abide by the terms of the above statements, and furthermore agree to notify the City of any criminal drug statute conviction, in accordance with the City’s policy. Employees are required to read and comply with the City’s detailed Drug-Free Workplace Policy included as Appendix B. -36-

RULE XII WORKPLACE SAFETY
A. Commitment to Workplace Safety.

1. The City is committed to providing a safe workplace for all employees.

Every employee should understand the importance of safety in the workplace. By remaining safety conscious, employees can protect their own interests as well as those of their co-workers. The City expects all employees to take steps to promote workplace safety.

2. Employees must maintain their work areas in a clean, healthy and orderly condition to prevent unsafe conditions and potential accidents. Equipment must be properly stored when not in use, and all floor areas must be kept clean and free of fluids and other substances to prevent falls. It is each employee's responsibility to make sure the work area is clean and orderly at the completion of his/her scheduled work shift.

B. Injury and Illness Prevention Program.

In keeping with its commitment to workplace safety, the City has adopted an Injury and Illness Prevention Program as part of its safety program. Compliance with this Program is a condition of employment. Each employee will be given a copy of the Injury and Illness Prevention Program, and a copy is maintained in Human Resources Department.

C. Reporting Unsafe Conditions.

If an employee identifies a potentially unsafe condition or risk, the employee should immediately report the matter to his/her supervisor.

D. Industrial Injury and Illness.

If an employee is injured or becomes ill on the job as a result of performing jobrelated duties, the following steps will be taken.

1. Employee Responsibilities.
a. Notify a supervisor or Human Resources immediately after an injury or symptoms of illness occur.
b. Consult a health care provider within 24 hours, or as soon as practicable, after an industrial injury or illness, even if the injury or illness is considered minor. Delay or refusal to seek medical treatment can result in physical as well as compensatory complications. Whenever possible, treatment should be received from a City authorized treatment facility..
c. In the event of a life-threatening injury, employees will be taken to the nearest local hospital. The employee or referring agent of the -37-
City must inform the hospital staff that they are seeking treatment for an industrial injury.
d. Inform the Department Head or supervisor of any noted unsafe working conditions or faulty equipment/machinery in the work environment as set forth in Section C of this Rule.
e. In the event of a temporary or permanent industrial disability, the employee may be entitled to Workers' Compensation Insurance coverage and/or personal long-term disability benefits in accordance with these Rules and state and federal laws.

2. Employer Responsibilities.
a. Department Head or immediate supervisors should be aware of any injury/illness that occurs while an employee is performing his/her job duties.
b. Department Head or supervisors will make a determination about whether the injured/ill employee needs minor first aid or medical treatment. No matter how minor the injury/illness, the supervisor is responsible for completing the “Employer's Report of Occupational Injury or Illness" within five days and submitting it to the Human Resources Director. This form can be obtained from Human Resources.
c. The City will be responsible for completing the "Authorization for Medical Services” form, which accompanies the injured/ill employee to the medical office or hospital.
d. The City must give to the injured/ill employee the "Employee's Claim for Workers' Compensation Benefits" form within 24 hours of the injury. It is up to the employee to return the completed form to Human Resources if necessary.

3. Off-Duty Social and Recreational Activities. The City may sponsor social or recreational activities for its citizens and employees, both on City property and off-site. Employee attendance at such social activities, however, is completely voluntary and is not work-related. Neither the City nor its insurer will be liable for the payment of workers' compensation benefits for any injury that arises out of an employee's voluntary participation in any off-duty recreational, social or athletic activity that is not part of the employee's work-related duties.

E. Workplace Violence Prevention.

1. Objective. The City is strongly committed to ensuring the safety of all City employees. Consistent with this policy, acts or threats of violence, -38-
including intimidation, harassment, and/or coercion which involve or affect City employees will not be tolerated and will be subject to appropriate disciplinary action up to and including termination. The following are the objectives of the City:
a. To ensure all workplace threats and violent behavior are addressed promptly;
b. To ensure the level of physical and facility security in City workplaces is sufficient to protect the health and safety of City employees; and
c. To ensure that all disciplinary action taken for behavior prohibited under this Section is reviewed, evaluated, and administered consistently and equitably throughout the City and done so in a timely manner.

2. Threats or Acts of Violence Defined. A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the employee’s safety, or the safety of the employee’s immediate family, and that serves no legitimate purpose.

General examples of prohibited workplace violence include, but are not limited to the following:
a. Threatening to harm or harming an individual and/or his/her family, friends, associates, and/or their property.
b. Fighting or challenging another individual to a fight. c. Intimidation through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing. d. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, or other correspondence. e. Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City. f. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat to the individual and causes the individual to fear for his/her safety, or the safety of his/her immediate family, as defined in Civil Code section 1708.7. g. Making a suggestion or otherwise intimating that an act to injure persons or property is appropriate behavior.
-39-
h. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on City property. This includes look-alike weapons, such as toy guns. Weapons and dangerous devices may include, but are not limited to the following, when their possession or use is not expressly authorized by a City supervisor or Department Head: blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives, folding knives having a blade that locks into place, razor blades, and clubs.
i. Use of a personal or City-issued tool or other equipment in a threatening manner toward another.

3. Reporting Workplace Violence. Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to his/her supervisor or other appropriate person in the chain of command. Should the employee perceive that the employee is in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act, he/she should, as soon as possible:
a. Place themselves in a safe location.
b. If appropriate, call 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed. c. Inform a supervisor, Department Head, or the Human Resources Director of the circumstances.
d. Complete a written report as soon as possible and submit the original copy to the Human Resources Director.
e. Cooperate fully in any administrative or criminal investigation.

4. Reporting Suspected Future Workplace Violence. Employees who have reason to believe they or any City employee may be the subject of a violent act in the workplace or as a result of their City employment, should immediately notify their supervisor, Department Head, or the Human Resources Director.

5. Violations. The City prohibition against threats and acts of violence applies to all persons involving City operations, including but not limited to City personnel, contract and temporary workers, vendors, and anyone else on City property. Violations of this Section by any individual may be followed by legal action as appropriate, which may include, seeking a temporary restraining order and/or injunction on behalf of City employees if the situation warrants such action. In additional to appropriate legal action, -40-
violations of this Section by employees, including making a false report under this Section, may lead to appropriate disciplinary action, up to and including termination.

RULE XIII WORKPLACE RULES
A. Personal Appearance.

1. In General. Non-sworn employees should refer to the City’s stand-alone policy titled “Business Attire and Grooming Policy (Non-Sworn).” Sworn employees should refer to their department policies regarding proper workplace attire.

2. Accommodation of Protected Characteristics. The Human Resources Director may grant exceptions to this Section as required by law to accommodate an employee’s protected characteristic(s).

B. Use of City Property and Equipment.

1. The City will provide all necessary equipment and supplies to allow employees to perform their duties. Employees are discouraged from utilizing their own equipment. The City's insurance does not cover the loss of or damage to employees’ personal equipment.

2. Each City employee to whom a key, identification card or other City-issued property is given is responsible for proper use of that City-issued property and is responsible for any loss or damage. Equipment belonging to the City similarly must be secured properly when not in use. City equipment is not to be removed from City property without proper authorization from a supervisor.

3. Employees must take proper care of all City equipment entrusted to their use.

4. An employee who loses or misplaces his/her City-issued property must notify his/her supervisor immediately. Employees are prohibited from duplicating or loaning City keys or other City-issued property to anyone for any reason. All City-issued property must be returned to the supervisor prior to separation from employment.

5. Use of City vehicles is governed by the City’s Vehicle Usage Policy.

C. Electronic Communication Systems.

1. The City maintains an electronic mail system, a computer system (including Internet systems), and a voice mail system (collectively, “Communication Systems.”) These Information Systems are provided as technological tools for employees’ use in conducting City business. Employees’ personal use -41-
of these Information Systems must in no way distract from that business and must necessarily be limited and be subject to the approval of a supervisor.

2. Terms and conditions for use of the City’s Electronic Communication Systems are set forth in City’s “Policy Regarding Electronic Communications” Employees are required to read and comply with the City’s Policy Regarding Electronic Communications; failure to comply may result in disciplinary action, including and up to termination of employment.

D. Workspace.

Employees are responsible for maintaining their own work areas in a presentable, professional, neat, and organized manner. At the close of each business day, employees must ensure that all equipment, besides desktops, is put away. All stationery and miscellaneous supplies should be removed from tables, benches and furniture tops. Paperwork should not be left out overnight. Employees must not litter or discard items on the premises.

E. Employee Searches and Inspections.

1. In order to protect the safety and property of all employees, the City reserves the right, to the extent permitted by law, to inspect employees’ desks, cabinets, workspaces, briefcases, lockers, purses, toolboxes, and personal vehicles, as well as any other personal belongings brought into the workplace, based upon reasonable suspicion of unlawful conduct.

2. As set forth in the City’s Electronic Communications Policy, all employees have no expectation of privacy when using City devices, and the City may access and review all files and records on computers (including similar electronic equipment used to create, edit, or store data), provided by the City at any time, with or without notice. Employees are expected to cooperate in any lawful appropriate search.

RULE XIV COMPENSATION AND PAYROLL PRACTICES
A. Work Schedules and Workweek.

The following provisions apply to work schedules and workweek:

1. Standard Work Schedule and Workweek.

Except as otherwise provided in a pertinent MOU between the City and a recognized bargaining unit, the standard work schedule for employees is Monday through Thursday, 7:00a.m. to 5:00p.m.. and Friday 7:00 a.m. to 11:00 a.m. At the direction of the City Manager, some employees may be required to work a different schedule due to the requirements of their job classifications or department responsibilities. Any such variation to the standard work schedule must be memorialized in writing.
-42-
The work week for City employees on the standard work schedule shall be seven consecutive days, starting at 12:01 a.m. on Sunday and ending at midnight the following Saturday.

2. Alternative Work Week or Schedule.

The operations of some departments require that some employees work on days at times other than the standard work schedule. Authorization for an alternative work schedule or workweek will be made by the City Manager as service needs require.

3. Supervisors’ Duty to Monitor. Supervisors are responsible for monitoring employee time including the following:
a. Start time for each workday;
b. Start time for each meal period (for non-exempt employees); c. End time for each meal period (for non-exempt employees); d. Whether a meal period is taken (for non-exempt employees); e. End time for each workday;
f. All actual time taken as paid leave; and
g. Any additional time during which work is performed, including work performed outside the regular shift.

4. Time Record Certification. To ensure the accuracy of all-time records, each non-exempt employee shall certify that the time and hours recorded accurately and fully identify all time worked during the pay period, whether authorized or unauthorized, and that all meal periods to which the employee is entitled have been provided. Each non-exempt employee shall further acknowledge that they have not violated any provision of this Section during the pay period, including but not limited to working unauthorized overtime or working during a meal period without authorization.

5. To ensure the accuracy of all-time records, each exempt employee shall certify that the hours recorded accurately and fully identify all time worked during the pay period.
-43-
B. Hours Worked and Overtime.

1. In General.
a. Only those hours that are actually worked by non-exempt employees shall constitute “hours worked” for purposes of determining entitlement to overtime pay under applicable state and federal wage and hour laws and these rules. Time taken as paid leave, including but not limited to, holidays, vacations, sick leave, and other similar periods when no work is performed will not constitute “hours worked” for purposes of overtime calculation.
b. Non-exempt employees will be compensated for travel time, attendance at training or meetings, and other similar time where required under applicable state and federal wage and hour laws. c. Time worked for which employees receive additional compensation, based on a minimum guaranteed number of hours, as set forth in an applicable MOU, such as call-back pay for hourly employees, will constitute hours worked to the extent that it represents time actually worked and does not otherwise constitute overtime as defined in this Section.

2. Meal Periods.

Meal periods are available as follows:
a. Non-exempt employees are entitled to unpaid one-hour meal period during which they will be entirely relieved of responsibilities and restrictions. Such time will not constitute hours worked. b. Supervisors will schedule meal periods to ensure appropriate coverage, subject to the above constraints.
c. All employees are expected to take reasonable measures wherever feasible to avoid the need for work to be performed during meal periods. Where required, time spent on work during meal periods must be kept to a minimum, and must be authorized in advance by a supervisor, in writing. Non-exempt employees who work during their meal periods will be paid for time worked. Working through meal periods without advance approval is grounds for employee discipline, up to and including termination.

3. Rest Periods.
a. Employees shall have a fifteen (15) minute rest period for each half of their shift, as scheduled by the supervisor. The rest period may be interrupted or cancelled if necessary to complete work and shall -44-
be compensated time. The rest periods shall not be combined or used to shorten the workday.
b. Supervisors will schedule rest periods to ensure appropriate coverage.

4. Work Performed Outside Regular Shift or Schedule.
a. Non-exempt employees are not permitted to work outside of their regularly scheduled shifts except as authorized or directed by their supervisor with the prior approval of their supervisor, or in the event of an emergency.
b. Working outside the regularly scheduled shift without advance approval is grounds for employee discipline, up to and including termination.
c. This requirement applies to, but is not limited to, the following work by non-exempt employees:
(i) Work performed before the start of the shift;
(ii) Work performed during meal periods;
(iii) Work performed after the end of the shift; and
(iv) Other work performed "off the clock" including work performed at home.
d. All employees must take reasonable measures wherever feasible to avoid the need for work to be performed outside of their regularly scheduled shifts. Where required, time spent on such work must be kept to a minimum and recorded appropriately.
e. Except in an emergency, overtime shall be worked only upon prior authorization of a Department Head or his/her designee. f. The City may periodically require employees to work outside their regularly scheduled shifts in order to meet business needs.

Supervisors must adhere to the following guidelines in assigning work outside an employee’s regularly scheduled shift:
(i) An employee who may be required to perform outside the regularly scheduled shift should receive advance notice of the apparent need for such work as soon as practicable before the work is expected to begin.
-45-
(ii) When practicable, such opportunities will be made available on an equal basis to all full-time employees capable of performing the work.
(iii) All employees who are scheduled to work outside of their regularly scheduled shift are required to work the assigned hours, unless otherwise excused by their supervisor.

5. Compensation for Overtime Hours Worked.
a. Hours worked by non-exempt employees in excess of 40 hours in their designated workweek constitutes overtime. A non-exempt employee will be paid for overtime in accordance with applicable state and federal law.
b. Only actual hours worked shall be considered as hours worked for purposes of calculating overtime compensation.

6. Compensatory Time Off.

Department Heads are encouraged to work with individual employees to reduce the amount of accrued compensatory time already held on behalf of such employees by scheduling compensatory time off. Employees may not be forced to use compensatory time already held, but should be encouraged to reduce the amount of accrued hours. Department Heads are encouraged to adjust individual employees' hours within the same workweek in order to prevent the accrual of compensatory hours during that workweek. Scheduling adjustments in response to this Policy shall consider operational and safety issues. The following provisions apply to Compensatory Time Off:
a. Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked, instead of receiving cash payment. The decision to receive overtime pay or CTO credit must be made at the end of the workweek in which the overtime is worked, at the employee’s option, provided that the employee has not accrued the maximum CTO allowed under this Section and subject to approval by the Department Head and/or City Manager or designee.
b. Employees may accrue CTO up to a maximum of 200 (equivalent to 133.5 hours of worked overtime). If an employee reaches this maximum limit they will be paid for all overtime worked and will not be allowed to accrue any additional CTO until the CTO balance has been reduced below 200 hours. Employees covered by the Memorandum of Understanding between the City and the San Marino Firefighters’ Association, Local 3626, do not have a CTO cap.
-46-
c. Employees who request to use accrued CTO will be permitted to use the CTO within a reasonable period after making the request as long as the use of CTO does not unduly disrupt the operations of the City as determined by the Department Head.
d. Except as otherwise provided in this subparagraph and otherwise provided in a pertinent MOU between the City and a recognized employee organization, employees may not convert unused CTO to cash-out pay. Employees may receive cashout pay of unused CTO at termination of employment or upon change in eligibility for CTO accrual. Moreover, CTO shall be paid out annually during the second pay period in July of each year.

C. Paychecks.

1. Paychecks are distributed every other Friday following a two-week pay period. If the paycheck distribution day falls on a holiday, or if another situation arises that warrants an earlier paycheck release date, paychecks will be distributed one workday sooner than the usual date for distribution.

2. The City makes all legally required deductions from employee payroll checks and may make voluntary deductions toward benefit contributions upon the enrollment and approval of the employee.

3. Each employee remains responsible for employee’s own tax planning and for the consequences thereof. The City does not cash employee payroll checks. The City strongly encourages employees to use the available option for “Direct Deposit” of payroll checks.

RULE XV ATTENDANCE AND LEAVES
A. Attendance.

1. Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees are also expected to remain at work for their entire work schedule, except when required to leave on authorized City business or some other authorized leave. All departments shall keep daily attendance records of employees, which shall be reported on the employee’s timesheet.

2. Employees who anticipate an absence from all or a portion of their regular work schedule and wish to request to use accrued leave time or unpaid leave time should follow the procedures provided in these Rules or MOU for the particular type of leave that they are requesting.

3. Employees who are unexpectedly unable to report for work as scheduled on any particular day must call their immediate supervisor no later than their scheduled time to begin work for that day, or as otherwise required by the -47-
Department. If the employee’s immediate supervisor is not available, then the employee must notify the Department Head or his/her designee.

Employees shall inform their supervisor of the expected duration of any late arrival or absence. Employees who call later than their scheduled time to begin work for their assigned shift shall be deemed to have an unauthorized tardy or absence in violation of the Attendance and Unauthorized Absence policy, unless necessitated by emergency or as otherwise provided by applicable state or federal law. Abuse or misrepresentation of the reason for use of any form of accrued or paid or unpaid leave time will be grounds for discipline.

B. Unauthorized Absence/Job Abandonment.

1. When an employee has been absent without authorization from work for more than three consecutive workdays, the Department Head must notify the Human Resources Director.

2. The Human Resources Director will notify the employee that the City has determined the employee has abandoned their position and that the employee has five working days upon delivery of the notice to the employee’s last known address to contact the City regarding their intent to return to work. The notice will also advise the employee that failure to contact the City within the five-day period will be deemed an automatic resignation effective on the sixth working day following delivery of the notice. Such notice will be in writing and sent by certified mail or personal service to the last address listed in the employee’s personnel records.

3. If an employee fails to respond within five working days to the notice of abandonment of position, the employee may be considered to have abandoned their position of employment with the City. Abandonment of position constitutes an automatic resignation from City service. -48-
C. Scheduling Leaves of Absence.

All scheduled leave will need to be coordinated on a City-wide basis in order to ensure appropriate staffing and coverage in all departments. Unless otherwise provided in these Rules, all leave must be approved by the employee’s supervisor, Department Head, and in some cases, the City Manager.

D. Vacation.

1. Eligibility.

All permanent employees who have successfully completed their probationary period shall be eligible to use paid vacation leave after twelve (12) months of employment, based on the standard vacation accrual formula described in Section D.2. of this Rule. If the probationary period is greater than twelve (12) months, the employee shall be eligible to use paid vacation leave after twelve (12) months of employment.

No part-time, provisional, or temporary employees shall be eligible for any vacation accrual.

2. Accrual.

All increments for accrual and use of vacation leave time shall be in hours or portions thereof.
a. Accrual Increment. Each permanent, full-time and probationary employee shall accrue vacation leave in accordance with the following formula:
b. 7.5 hours for each month during the first (1st) through the end of the fifth (5th) year of employment (90 hours annually).
c. 8.00 hours for each month during the sixth (6th) year of employment (96.0 hours annually).
d. 9.0 hours for each month during the seventh (7th) year of employment (108.0 hours annually).
e. 9.5 hours for each month during the eighth (8th) year of employment (114 hours annually).
f. 10.00 hours for each month during the ninth (9th) year through the end of the fourteenth (14th) year of employment (120 hours annually).
g. 11.7 hours for each month during the fifteenth (15th) through the nineteenth (19th) year of employment (140 hours annually). -49-
h. 13.5 hours for each month beginning with the twentieth (20th) year through the twenty-fifth (25th) year of employment (162.0 hours annually).
i. 15.0 hours for each month beginning with the twenty-sixth (26th) year of employment (180.0 hours annually).

Vacation leave shall be deemed as having been accrued by the employee only at the end of the month in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th) of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th) of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.

Accrual at the next highest incremental rate shall begin on the employee’s anniversary date of original employment with the City, regardless of any promotions or demotions. If the anniversary date is the first (1st) of the month the higher rate shall be credited for that month. If the anniversary date is the sixteenth (16th) of the month the higher rate shall begin with the first (1st) day of the following month.

Employees shall be eligible to accrue a maximum of two (2) times the annual vacation leave for which the employee is eligible pursuant to this Section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

3. Use of Vacation. The use and scheduling of employee vacation is subject to the prior approval of the employee's Department Head, or the Department Head’s designee, with due regard to the employee's wishes and the needs of the City. The City may deny a vacation request or postpone an employee's vacation depending on the needs of the City. All vacation time shall be taken in minimums of four (4) hour increments. An employee shall not be eligible to utilize accrued vacation time during the first twelve (12) months of initial full-time employment nor while in a probationary period following a promotion.

4. Payment upon Separation. Upon an employee’s separation from employment for any reason, all unused vacation hours will be compensated at the employee’s current rate of pay.

5. Holidays Falling During Vacation Leave. In the event one or more City holidays fall during a vacation leave, such day(s) shall be charged as holiday leave instead of vacation leave.
-50-

6. Vacation Accrued During Leave of Absence. No vacation leave shall be accrued during any unpaid leave of absence greater than thirty (30) days.

E. Sick Leave

1. Accrual of Sick Leave and Permitted Use
a. Full-Time Employees. Full-time employees earn sick leave at the rate of eight (8) hours per month, up to a maximum of two hundred and forty hours (240). Part-time employees earn sick leave on a prorated basis. Paid sick leave is not earned (i.e., does not accrue) during unpaid leaves of absence, except as otherwise required by state or federal law.
b. Part-time, Seasonal, and Temporary Employees. Part-time, seasonal, and temporary employees shall receive twenty-eight (28) hours of paid sick leave on July 1st for use each fiscal year. New hires shall receive twenty-eight (28) hours of sick leave on their first day of employment. An employee may use accrued sick leave beginning on the 90th day of employment with the City. Unused sick leave hours do not carry over to the next fiscal year. Part-time, seasonal, or temporary employees appointed to regular, full-time positions shall carry over their unused sick leave hours. c. Permitted Use(s) of Sick Time.

The following are Permitted Uses of Sick Time:
(i) Diagnosis, care, or treatment of the existing health condition of an employee or a member of the employee’s Immediate
Family, as that term is defined in “d” below;
(ii) Preventative care for an employee or a member of the employee’s Immediate Family;
(iii) For employees who are victims of domestic violence, sexual assault, or stalking, taking time off 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 victim or their child.
(iv) For employees who are victims of domestic violence, sexual assault, or stalking, taking time off to seek medical attention for injuries caused by the domestic violence, sexual assault, or stalking; to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; to obtain psychological -51-
counseling related to an experience of domestic violence, sexual assault, or stalking; and to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
d. Immediate Family. Immediate Family means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee’s spouse or registered domestic partner, or a person who stood in loco parentis to either the employee or the employee’s spouse or domestic partner as a minor; or an employee’s spouse, registered domestic partner; grandparent; grandchild; or sibling.

2. Notice.

When the need for sick leave is foreseeable, an employee shall contact their immediate supervisor prior to or within one hour of the commencement of their work shift, or as soon as practicable, to report the need for sick leave. When the need for sick leave is not foreseeable, the employee shall notify their immediate supervisor of the need to take sick leave as soon as practicable. If possible, such notice shall be given before the start of the employee's scheduled work day and prior to the start of each additional work day thereafter that the employee is absent. If no immediate supervisor is available, an employee shall contact their Department Head. All absences shall be reported in accordance with departmental rules.

3. Medical Certification or Other Documentation.
a. In General. Employees who remain off work on sick leave for a period of four or more consecutive days may be required at any time to provide a doctor’s note or other relevant documentation certifying that the reason for the employee’s absence is a Permitted Use of Sick Time, and if the employee is unable to return to work, stating how long the employee is expected to be unable to do so.
b. Return to Work: For any absence of four more or days due to an Employee’s own illness or injury, the supervisor may require that the employee provide a note from his/her physician, releasing the employee with or without restrictions, before the employee may return to work.

4. Reinstatement of Unused Sick Leave Balances. An Employee who separates from employment with the City and returns to active employment within 12 months of the employee's separation date will have the employee’s unused sick leave balance reinstated.

5. Retention and Inspection of Records Pertaining to Sick Leave. The City will keep records documenting the hours worked and paid sick leave -52-
accrued and used by an employee for the maximum duration required by law.

6. Abuse of Sick Leave: Employees who do not comply with this Section, including providing insufficient notice of sick leave or using sick leave for reasons other than for a Permitted Use of Sick Time, are committing abuse of sick leave, which is grounds for discipline, up to and including termination. The City reserves the right to take reasonable steps to determine whether an employee is abusing sick leave, including, but not limited to, requiring a doctor’s note or other relevant documentation, attempting in-person or electronic communication with the Employee using sick leave, identifying and tracking consistent patterns of sick leave use, such as in connection with weekends, holidays, and scheduled days off, and considering social media content or other relevant evidence that is either publicly available or shared voluntarily by other employees or interested individuals.

7. No Cash-out for Unused Sick Leave at Termination.

An employee shall not receive cash-out for unused accumulated sick leave upon election, separation of employment, or retirement (either disability or service retirement) unless specifically provided for in a pertinent MOU or City Council resolution.

F. Bereavement Leave.

Except as otherwise provided in a MOU between the City and a recognized bargaining unit, the following applies to bereavement leave:

1. Full-time and part-time employees who have been employed for at least 30 days receive up to five days of bereavement leave in the event of a death or funeral of a member of the employee’s Immediate Family. Up to three days of bereavement leave shall be paid, and any additional days shall be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.

2. For purposes of this provision, “Immediate Family” has the same meaning as in Section E of this Rule.

3. Bereavement leave does not need to be taken on consecutive days.

4. An employee may be required by the City to provide documentation of the death of the family member within 30 days of the first day of the leave.

Documentation may include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
-53-
G. Leave of Absence Without Pay.

1. When an employee has exhausted all of the employee’s paid leaves, the employee may request a leave of absence in accordance with this section.

The employee must submit a written request to the City Manager for a leave of absence without pay, along with any supporting documentation addressing the expected length of the requested absence.

2. The City Manager may grant an employee a leave of absence without pay for a period not to exceed thirty days, unless otherwise provided in MOU between City and recognized bargaining unit. After thirty days, the leave of absence may be extended if authorized by the City Manager, based on a case-by-case determination. The employee will be notified in writing of the City Manager’s approval or rejection of each request for unpaid leave of absence or extension of a previously-approved unpaid leave of absence.

3. Vacation, sick leave, or any other paid leave will not accrue during any unpaid leave, including Workers’ Compensation, short-term disability leave or long-term disability leave, unless otherwise required by applicable state or federal law. The employee will not receive any City contributions towards the premium cost of health insurance plans or any other benefit plans during the period of unpaid leave, unless otherwise required by the City’s Family and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy, or by applicable state or federal law.

4. Upon expiration of an approved unpaid leave of absence, the employee will be entitled to be returned to the position held at the time leave was granted, if that position continues to exist and remains vacant.

H. Administrative Leave.

The Department Head may, in consultation with the Human Resources Director, verbally or in writing, cause the temporary assignment of an employee to status of paid administrative leave. In the event of verbal notice, the Human Resources Director or Department Head will confirm the action by giving the employee written notice. The employee will be advised of all restrictions to which they are subject to during the period of the administrative leave. If and when the employee is to return to duty, the City will provide the employee with written notice of when they should return to duty, a copy of which will be retained in the employee’s permanent personnel file.

This action may be taken at any time and for such length of time as the appointing authority deems necessary or appropriate under the circumstances. The appointing authority may implement an administrative leave for any legitimate reason, as determined by the Department Head in the exercise of their sole discretion. Such reasons include, but are not limited to: (1) protecting the safety or health of an employee or of employees; (2) preventing disruption of or damage to City programs or operations; (3) investigating alleged misconduct, including alleged -54-
harassment, by an employee; (4) investigating an employee’s job performance; and (5) protecting the best interests of the City. Administrative leave is not subject to appeal I. Military Leave.

Employees who require time off from work to fulfill military duties will be treated in accordance with the applicable requirements of state and federal law. An employee requesting leave for this purpose must notify the Department Head, whenever possible, and provide a copy of the military orders specifying the dates, site and purpose of the activity or mission.

J. Jury Duty.

Any employee who is called or required to serve as a trial juror upon notification and appropriate verification submitted to the Department Head, is permitted to be absent from their duties during the period of such service or while necessary to be present in court as a result of such call. If an employee is required to serve on jury duty, the employee must notify their supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received.

Employees will be expected to report or return to work for the remainder of their work schedule on any day they are dismissed from jury duty.

Employees shall maintain their normal work schedule and may not alter their work schedule and/or flex their time off while serving on jury duty. Full-time employees required to report or serve as a trial juror during their normal scheduled work hours will receive their regular pay for up to ten (10) working days. Employees shall not receive pay for jury duty served on a furlough day. In some circumstances, exempt employees may be required to be compensated beyond ten (10) working days under the provisions of state or federal law. An employee must present a verification from the court clerk of having served on jury duty in order to qualify for pay.

Employees required to serve for longer than ten (10) working days may elect to use their accrued vacation, compensatory time or administrative leave banks. An employee who volunteers for jury duty, or who serves on a grand jury, will not be paid for that time by the City.

Employees who are scheduled to work a night shift assignment are not required to report or return to work on a day they report to jury duty. Employees working the night shift should contact Human Resources for specific assistance in coordinating jury duty with their schedule.

K. Voting Leave.

Employees will be granted reasonable time off with pay to vote, in any general or direct primary or presidential primary election, in accordance with Elections Code section 14000 et seq. Employees must give prior notice to their immediate supervisors of their need to take such time off.
-55-
L. School Leave.

In accordance with Labor code sections 230.7 and 230.8, an employee who is a parent, guardian, stepparent, foster parent, or grandparent, or a person who stands in loco parentis to a child in kindergarten through grade 12 or a child attending a licensed childcare provider facility, may take up to forty (40) hours per year, to participate in the following child related activities:

1. To find, enroll, or reenroll the child in a school or with a licensed childcare provider, or to participate in activities of the school or licensed child care provider, if the employee gives reasonable notice to the City of the planned absence. Time off pursuant to this subparagraph XV.L.1. shall not exceed eight hours in any calendar month of the year; or

2. To address a childcare provider or school emergency, if the employee gives notice to the City.

If the City employs more than one parent of the child at the same worksite, the City will grant the parent who gives notice first regarding the need for leave under this section. The City may authorize the other parent to also take leave based on the pertinent department staffing needs during the leave requested time.

The employee shall utilize existing vacation, personal leave, or compensatory time off for leave under this section. The City may request documentation from the school or the licensed child care provider as proof that the employee requesting leave under this section was engaged in child related activities as permitted under this section.

M. Pregnancy Disability Leave, Reasonable Accommodation, or Transfer.

1. Employees who are actually disabled due to pregnancy, childbirth, or related medical conditions are entitled to up to four months (equivalent to 17 1/3 weeks) of Pregnancy Disability Leave in accordance with the California Pregnancy Disability Leave Law and the City’s Family and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy.

2. In addition, an employee affected by conditions related to pregnancy, childbirth, or related medical conditions is entitled to temporarily transfer to a less strenuous or hazardous position or duties, or request other form of reasonable accommodation upon the certification of the employee’s health care provider that the transfer or other request is medically advisable, and can be reasonably accommodated. Further details are contained in the City’s Family and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy.

N. Lactation Accommodation.
-56-
The City provides employees with lactation accommodation as required by law.

Employees may submit requests for lactation accommodation in accordance with the City’s stand-alone Lactation Policy. Employees should refer to the Lactation Policy for details.

O. Family Medical and Care Leave.

Eligible City employees may be entitled to family medical and care leave under the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA). CFRA/FMLA provide that a leave of absence may be granted to eligible employees. Employees should refer to the City’s stand-alone Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy for details.

P. Work-related Injury/Illness Leave.

City employees who are injured or have an illness as a result of a work-related incident are entitled to Workers’ Compensation benefits, in addition to family medical leave benefits, as appropriate. For continued payment, employees who become injured or ill as a result of a work-related incident must use accrued sick leave after the third day of absence. Thereafter, upon the exhaustion of sick leave balances, the employee may choose to use any additional leave balances. Any compensation for use of paid leaves will be coordinated with any disability payments paid under Worker’s Compensation benefits.

Any period during which an employee is off work and receives disability benefits paid under Worker’s Compensation does not constitute a break in service for the purpose of his/her right to salary adjustments, sick leave, vacation, or seniority.

Q. Fitness for Duty Leave.

1. In General. Employees are expected to report to work fit for duty, which means able to perform their job duties in a safe, appropriate, and effective manner, with or without reasonable accommodation. When the City determines based on observation or reliable report that an employee possibly lacks fitness for duty, the Human Resources Director or designee may require an employee to undergo a fitness for duty examination to determine whether the employee can perform the essential functions of the job with or without accommodation.

Observations and reports may be based on, but are not limited to factors such as an employee’s own statements regarding impairment or difficulty performing job duties or other indication of potential unfitness; objective evidence of impaired dexterity, coordination, alertness, speech, vision acuity, or concentration in performance of job duties; disproportionate response to criticism; or inappropriate or uncharacteristic interactions with the public, co-workers, or supervisors.

2. Reasons for Fitness for Duty Leave. A Fitness for Duty Leave may be ordered by the City in any of the following situations:
-57-
a. An employee returns from a medical leave of absence of more than four working days.
b. An employee is involved in the interactive process with the City under Section B of Rule II.
c. A supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to factors such as an employee’s own statements regarding impairment or difficulty performing job duties or other indication of potential unfitness; objective evidence of impaired dexterity, coordination, alertness, speech, vision acuity, or concentration in performance of job duties; disproportionate response to criticism; or inappropriate or uncharacteristic interactions with the public, co-workers, or supervisors. d. Fitness for duty examinations based on a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol will be conducted in accordance with one of the following City policies:
1) Drug-Free Workplace Policy for Drivers of Commercial vehicles for employees with who must maintain a commercial driver’s license as a job requirement; or 2) All other employees are subject to the City’s Drug-Free Workplace Policy.

3. Procedures for Ordering a Fitness for Duty Examination. When a supervisor becomes aware of or observes behavior that makes him/her reasonably suspect that the employee may not be fit for duty, the supervisor must notify the Human Resources Director who will determine whether to schedule the employee for a fitness for duty examination. If the circumstances warrant it, the Human Resources Director, after conferring with the employee’s Department Head, may place the employee on paid Fitness for Duty leave pending the results of the employee’s fitness for duty examination. The examination will be paid for by the City.

4. Procedure Following Receipt of Examination Results.
a. Fit for Duty. If the doctor finds the employee is fit for duty, the employee will return to work immediately and perform all duties of his/her position.
b. Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor will specifically enumerate what functional restrictions are necessary in relation to the employee’s job duties and for how long those restrictions are necessary.
-58-
c. Unfit for Duty. If the employee is found to be unfit for duty in his/her current position, he/she will not be permitted to return to work in that position for the period of unfitness.

5. Interactive Process: For employees found unfit for duty or fit with restrictions, the City will evaluate the restrictions, if any, and engage in the interactive process as set forth in Section B of Rule II to determine whether a reasonable accommodation is available.

R. Long-Term Disability Payments.

1. In General.
a. The City does not participate in State Disability Insurance/Paid Family Leave programs operated by the State of California.

However, employees who are continuously disabled due to a nonindustrial accident or illness, or pregnancy, may be eligible for longterm disability (“LTD”) benefits. b. Employees requesting LTD benefits must submit medical certification to Human Resources documenting that the employee is continuously disabled and specifying an estimated duration. The certification is due within three days from the first date of continuous disability.
c. LTD benefits are offered under a contract between the City and the LTD carrier, which is subject to change at any time. The City encourages employees to review the coverage and policy benefits contained in the booklet from the LTD carrier and to contact Human Resources with any questions.

2. Maximum Amount. LTD benefits equal 66-2/3% of an employee’s base salary, up to a maximum of $10,000.00 per month.

3. Elimination Period. Employees who are unable to work due to a continuous disability are eligible to receive LTD payments on the 61st day following the first date of injury or illness, as identified in the medical certification.

4. Use of Paid Leaves.
a. At any time during the Elimination Period, an employee may submit an irrevocable request to Human Resources to use available, accrued paid leave to maintain his/her full salary for one or more days for the remainder of the Elimination Period.
b. At no time will an employee’s use or coordination of paid leave result in compensation greater than 100% of the employee’s current base rate of pay.
-59-
c. Paid leaves must be used in the following order (where available):
sick leave, personal leave, floating holiday, administrative leave, compensatory time off, and vacation leave.
d. An employee will not receive pay for any holiday during the Elimination Period on which the employee is not using paid leave.

Employees who are using paid leave during the Elimination Period will receive the paid holiday and will not be required to use accrued leave time to cover that day.
e. For any period of time in which an employee uses one or more full day of paid leaves, he/she will continue to accrue paid leave time.

For any period of time in which an employee uses a partial day of leave in coordination with LTD benefits, he/she will accrue paid leave time on a corresponding, pro-rated basis. For any period of time in which an employee does not use or coordinate paid leaves while receiving LTD benefits, he/she will not accrue any paid leave time.

RULE XVI HOLIDAYS
A. Holidays Observed and Compensation for Holiday Time Worked.

Represented employees should refer to their pertinent MOUs and unrepresented employees should refer to their salary and benefits schedule for a list of holidays observed and holiday time worked. Part-time employees do not receive any holiday pay. The City observes the following holidays: New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve.

B. Guidelines for Determining Date of Observation.

When a holiday falls on a Sunday, the next Monday shall be observed as the holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.

C. Change to Schedule or Observance of Holidays.

The City reserves the right to change the schedule or observance of paid holidays.

In the event of such a change, employees will be given as much advance notice as is practicable.

An employee must be paid for all or a portion of both the regularly scheduled working assignments immediately before and immediately after that holiday in order to receive holiday pay. A new employee whose first working day is the day after a holiday shall not receive holiday pay. An employee who is separating from employment and whose last day is an observed holiday shall not receive holiday pay.

D. Holidays Falling During Period of Sick Leave
-60-
Any permanent employee on approved sick leave with pay having a City holiday fall during the period of sick leave absence shall not have the holiday charged to the sick leave absence.

E. Holidays Falling During Approved Leaves of Absence Without Pay Any permanent employee, on an approved leave of absence without pay, having a City holiday fall during the period of such leave of absence without pay, shall be eligible for such holiday pay only in those instances where the employee has worked either the day before or the day immediately following the holiday. In such cases when a City holiday falls on a day immediately prior to or following a normal weekend, an employee must work either the day before or the day after such weekend in order to be eligible for holiday pay.

F. Floating Holidays
Regular full-time employees may be entitled to receive floating holidays as designated in pertinent MOUs or the unrepresented employees salary and benefits schedule resolution.

RULE XVII PERFORMANCE EVALUATIONS
A. Purpose.

It is the intent of the City that regular reports be made as to the efficiency, competency, conduct and merit of its employees. The Human Resources Director shall provide forms and procedures to be used in performance evaluation reporting and shall monitor and amend these procedures to insure that the system is fair and equitable to employees, and that it provides reliable information regarding the performance of employees.

B. Conduct of Evaluation.

The evaluation shall be performed by the supervisor most knowledgeable of an employee’s performance. This may be the employee’s immediate supervisor or other person selected by the department head and approved by the Human Resources Director.

C. Performance Evaluation Reporting
Evaluation reports shall be prepared and submitted to the Human Resources Director prior to:

1. Completion of twelve (12) months of the probationary period of an employee.

2. Completion of any extended probationary period of an employee.

3. The anniversary date of employment as a permanent full-time employee. -61-

4. Prior to a pay increase recommended by the appointing authority other than an increase granted to all employees or classification(s) of employees under provisions of a Memorandum of Understanding or by action of the City Council.

Any employee, whether regular or probationary, may be evaluated more frequently in the discretion of their department head. The due date for any regular employee evaluation may be extended by the City Manager for good cause.

D. Evaluation Process.

1. All employee performance evaluations shall be submitted to the Human Resources Director for review prior to finalizing and review with the employee.

2. All employee evaluations not conducted by the department head shall be reviewed and approved by the department head prior to the review with the employee.

3. Each performance evaluation shall be discussed in person with the employee to point out areas of successful performance and areas that need improvement. The employee may comment regarding work performance, either in a written statement attached to the report or orally. The employee shall sign the performance report to acknowledge awareness of its contents and that employee has discussed the report with the evaluator. The employee shall have the right to attach written comments to the evaluation report.

4. If an employee receives a merit based increase based on their performance evaluation, such merit based increase will be retroactively applied to employee’s anniversary date regardless of the date the performance evaluation is provided to the employee.

The supervisor or department head shall discuss with the employee the specific ratings prior to such ratings being made part of the employee’s personnel file. The employee shall sign the performance evaluation to acknowledge the receipt and discussion of the evaluation with the evaluator. The employee shall have the right to file a written response within two weeks, which shall be attached to the evaluation and shall be placed in the employee’s personnel file. The employee is not permitted to file an appeal or a grievance because of a performance evaluation.

If an employee’s overall performance is rated as less than satisfactory, the department head may place the employee on a performance improvement plan for a specific period of time.
-62-

RULE XVIII RECORDS AND REPORTS
A. Personnel Files.

1. Maintenance. The Human Resources Department shall maintain a personnel record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent by the Human Resources Director. Personnel records are confidential and, unless otherwise required by law, access to personnel records will be limited to current or former employees, authorized representatives of current or former employees, and authorized representatives of the City. Rights to access, inspect, and copy personnel records, as well as applicable procedures and limits upon such rights are also forth in the City’s Personnel Records Policy.

2. Contact Information. Each employee is responsible for keeping his/her file up to date by notifying the Human Resources Department of any changes to relevant personal information, including, but not limited to change of address, contact information, emergency contact information, and number and names of dependents for health benefit maintenance.

3. Destruction of Records. Upon approval of the City Attorney, and in accordance with the City’s record retention plan, records relating to personnel may be destroyed as prescribed by law.

4. Medical Information. All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with applicable state or federal law. City requests for medical information about an employee or applicant shall be in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may be requested to sign an authorization that complies with the requirements of the Confidentiality of Medical Information Act.

B. References
All requests from outside the City for reference checks or verification of employment/assignment concerning any current or former employee, temporary worker, or contractor, must be referred to the Human Resources Director. Unless a signed release is provided by the current or former employee, only the following limited information will be provided: dates of employment, compensation, and title upon departure. Supervisors are not authorized to provide information in response to requests for reference checks or verification of employment without prior approval of the Human Resources Director.
-63-

RULE XIX DISASTER AND EMERGENCY SERVICES WORKERS
All public employees are included in the disaster service worker status which are all persons employed by any county, city, state agency or public district. In accordance with California Government Code sections 3100-3102, all public employees may be assigned disaster service activities by their superiors or by law to assist the agency in carrying out its responsibilities during times of disaster.

RULE XX DISCIPLINE
A. In General.

This Section shall apply only to regular employees within the City’s Classified Service. It does not apply to any at-will employee of the City, including probationary employees, part-time employees, temporary employees, and seasonal employees. The City is not required to take disciplinary actions in sequential or progressive order.

Employees shall only be subject to disciplinary action for legitimate reasons.

Employees are expected to meet certain standards regarding their personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense, and will take into consideration the employee’s personnel file.

Progressive discipline will be used; however this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause.

Disciplinary actions should be documented in the employee’s official personnel file.

Performance deficiencies documented in the employee’s performance evaluation as “unsatisfactory” may be the basis for disciplinary action if the employee fails to correct those performance deficiencies. To the extent possible, performance deficiencies or other cause for discipline will be documented in the employee’s personnel file.

B. Types of Discipline.

Types of discipline include the following: suspension, involuntary demotion, reduction in pay or dismissal. For purposes of this Section, written or verbal reprimands, counseling memos, performance improvement plans, performance evaluations, voluntary demotions and transfers are not classified as discipline.

C. Grounds for Disciplinary Action.

Legitimate reasons for disciplinary action may include but shall not be limited to the following:
-64-
a. Violation of City Personnel Rules, ordinances, regulations, rules, and/or administrative policies and procedures;
b. Failure to maintain job performance standards or to properly or satisfactorily perform assigned duties;
c. Failure to satisfactorily perform during a promotional probationary period, or failure to successfully pass a promotional probationary period;
d. Theft, loss or destruction of City property or the personal property of another;
e. Insubordination;
f. Falsification of records, including information provided on an application for employment and time records;
g. Conviction of a felony, or conviction of a misdemeanor relating to the employee's fitness to perform assigned duties;
h. Unauthorized absence from employment, excessive absenteeism, or abuse of sick leave;
i. Tardiness;
j. Discourteous or disrespectful treatment of other employees, City residents and other members of the community, customers, suppliers, or visitors, or treatment that does not foster cooperation; k. Incompetency, carelessness, negligence, or inefficiency; l. Sleeping on the job or leaving the job without authorization; m. Disruptive, disorderly, or unfavorable conduct;
n. Improper or unauthorized use of City funds;
o. Unauthorized, negligent, or improper use of City property, including unauthorized use of City property for personal reasons or using City property for profit;
p. Dishonesty;
q. Failure to maintain any employment qualification;
r. Failure to comply with safety standards;
-65-
s. Disclosure of confidential or proprietary City information to unauthorized persons, employees, or organizations;
t. Acceptance or solicitation of bribes or extortion;
u. Receiving or accepting, directly or indirectly, any money, gift, reward, service, gratuity favor, hospitality, loan or other consideration for any service or official action rendered by the employee in violation of federal, state, or local law, or in violation of City policy;
v. Discrimination, retaliation or harassment, as prohibited by law or by City rule or policy;
w. Assault, battery, horseplay, or fighting while on duty or under the guise of office;
x. Unauthorized possession of firearms, weapons or explosives on City property, in a City vehicle, while in City uniform, or while on duty; or displaying or brandishing any firearm or weapon, whether in jest or otherwise, in any manner which can be construed as a careless, threatening or dangerous manner, except in the performance of official duties;
y. Reporting for work, being subject to work, or being at work, under the influence of or in possession of alcohol, legal or illegal drugs as described in the City’s Drug-Free Workplace Policies;
z. Gambling on City property or during working hours;
aa. Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; or willfully restricting work output or encouraging others to do the same;
bb. Use of influence or position with the City for private gain or advantage, or the use of time, facilities, equipment or supplies for private gain or advantage; or
cc. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes or should reasonably be expected cause discredit to the City.

D. Authority to Discipline.

The appointing authority or designee shall have the responsibility to institute and impose disciplinary action and to schedule and conduct pre-disciplinary conferences. Department heads are at-will employees, serving at the pleasure of the City Manager, as such, sections E and -66-
F of this Rule XX do not apply to discipline of department heads. Discharge of department heads shall be subject to concurrence by the City Council as required under section 2.04.02 of the City’s Municipal Code.

E. The Pre-Disciplinary Process.

The following procedures shall be taken prior to the dismissal, suspension, involuntary demotion, or reduction in pay of any employee for disciplinary reasons.

1. Notice of Intent (“Skelly Notice”).

When the Department Director, in consultation with the Human Resources Director, determines that an employee has committed an act or omission that justifies discipline, the Department Director or their designee shall provide the employee with written notice of the proposed disciplinary action. Such notice shall include:
• A statement which clearly defines the intent to take action, the proposed action to be taken, and the proposed effective beginning and ending time of intended action;
• A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken.
• A copy of all written materials, reports, or documents upon which the intended action is based.
• A statement that the employee will be afforded the right to respond to the Notice of Intent, either verbally, in writing, or both within five business days upon receipt of the intended disciplinary, action, to the designated Skelly Officer. • If personally delivered, the employee's signature on the Notice of Intent will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent. The signature documentation on the Notice of Intent will acknowledge that the employee received the Notice of Intent. Alternatively, if the Notice of Intent is mailed to the employee, a confirmation that the Notice of Intent was left with an individual at the employee’s address on record or dropped off at the employee’s address on record, will amount to acknowledgment of receipt of the Notice of Intent by the employee.

2. Employee Response/Pre-Disciplinary ("Skelly”) Conference. a. Within fourteen (14) business days after the employee has been served with the Notice of Intent, the employee will have the right to respond, verbally or in writing, at the employee's option, to the Skelly Officer. If, within the fourteen (14) business days response period, the employee does not provide a written or verbal response, the proposed action of the City will be -67-
considered conclusive and will take effect as set forth in the Notice of Intent. Prior to the expiration of the fourteen (14) business days, the response date may be adjusted by mutual agreement, but unreasonable delay will not be tolerated. The employee has the right to have a representative of their own choosing at the Conference.
b. The employee's response will be fully considered before the City issues any final notice of disciplinary action.
c. Should the Skelly Officer determine that the employee's response warrants further investigation, the Skelly Officer may delay the implementation or modification of the proposed disciplinary action until such time as the further investigation is completed. In the event the investigation produces facts that warrant more severe disciplinary action than originally proposed, the Skelly Officer will re-implement the Written Notice of Intent to Discipline procedures, above.

3. Final Decision and Notice of Imposition. The Skelly Officer has the authority, after considering the employee’s response and additional investigation, if any, to modify, revoke, or impose the proposed disciplinary action.
a. If the Skelly Officer decides to modify the proposed action, then he/she will notify the employee by either issuing a revised Notice of Intent (for more severe disciplinary action than originally proposed) or a Notice of Imposition (for less severe disciplinary action than originally proposed). The Notice of Imposition will also include the effective date of any disciplinary action issued. The decision of the Skelly Officer is final and will be imposed.
b. If the Skelly Officer decides to revoke the disciplinary action, the Skelly Officer will advise the employee in writing, and the original intent to impose disciplinary action will be discarded and no record made in the employee's personnel file. The decision of the Skelly Officer is final and shall be imposed. c. If the Skelly Officer decides to implement the discipline as originally proposed in the Notice of Intent, the Skelly Officer will notify the employee in writing by providing the employee with a Notice of Imposition. The Notice of Imposition will also include the effective date of any disciplinary action issued. The decision of the Skelly Officer is final and will be imposed.
d. The employee will be advised in writing of any right of appeal. -68-

4. Delivery of Notice of Imposition or Final Decision. The Notice of Imposition or other final decision of the Skelly Officer will be delivered to the affected employee personally or sent to the employee by mail, with confirmation of delivery requested, at the employee's address on record. If personally delivered, the employee's signature on the Notice of Imposition or other final decision will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Imposition or other final decision. The signature documentation on the Notice of Imposition or other final decision will acknowledge that the employee received the Notice of Imposition or other final decision. Alternatively, if the Notice of Imposition or other final decision of the Skelly Officer is mailed to the employee, a confirmation that the Notice of Imposition or other final decision was left with an individual at the employee’s address on record or dropped off at the employee’s address on record, will amount to acknowledgment of receipt of the Notice of Imposition or other final decision of the Skelly Officer by the employee.

F. Appeal of Disciplinary Action.

1. Disciplinary Actions Subject to Appeal. An employee may appeal a final decision of discipline if the discipline imposed was a termination, involuntary demotion, suspension without pay for four or more days, or a reduction in pay that is equal to the financial loss caused by a suspension without pay for three or more days.

2. Disciplinary Actions Subject to Appeal and Appeal Procedures for Employees Subject to these Rules and Covered by the Firefighter Bill of Rights. An employee may appeal a final decision of discipline if the discipline imposed was a termination, involuntary demotion, suspension without pay, a reduction in pay, or written reprimand. Employees subject to these Rules and covered by the Firefighter Bill of Rights should refer to the Side Letter Agreement between the City and the San Marino Fire Fighters, Local 3626 regarding disciplinary appeal procedures.

3. Timeframe and Content for Appeal Request. An employee wishing to appeal any major disciplinary action shall have fifteen (15) calendar days after receipt of the Notice of Imposition to submit a written and signed request for appeal hearing. The employee’s request for appeal must be addressed to the City Manager and be received by the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal.

4. Request for Appeal Hearing. An employee shall have the right to appeal the imposition of a disciplinary action. The appeal of a disciplinary action shall not delay the imposition of the disciplinary action. When an employee requests an appeal, the request shall be in writing, signed by the employee, -69-
and presented to Human Resources Department within ten (10) calendar days after the employee is notified of the imposition of disciplinary action.

The appeal shall be addressed to the Human Resources Director and shall identify the subject matter of the appeal, the grounds for the appeal and the relief desired by the employee. All appeal hearings shall be conducted in private. If the employee fails to request an appeal hearing within the prescribed time, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary action. The time limits contained in Section _ may be extended by the appointing authority.

5. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a disciplinary appeal hearing within the prescribed time and manner, without demonstrated good cause, the employee waives the right to an appeal hearing and all rights to further appeal of the disciplinary action.

6. Scheduling of Disciplinary Appeal Hearing. The Human Resources Director shall schedule the appeal hearing within a reasonable time after the filing of the employee’s request, considering the availability of an appeal officer and the convenience and availability of the parties and their representatives and witnesses.

7. Independent Hearing Officer.
a. The appeal shall be heard by an Independent Hearing Officer to be selected by the City and employee and/or any authorized representatives on their behalf. If the parties cannot agree on a Hearing Officer within fourteen (14) calendar days of the City Manager’s receipt of the notice of appeal, the parties shall request a strike list of seven (7) hearing officers from the Public Employees Relations Board, and select a Hearing Officer from that list. The City Manager, in coordination with the employee and/or the employee’s authorized representative, shall schedule any disciplinary hearing within a reasonable time after the filing of the employee’s request, considering the availability of the Hearing Officer and the availability of the employee and witnesses. Failure to select a hearing date or hearing officer within 10 working days without demonstrated good cause will waive the employee’s right to appeal b. If there is any cost associated with the Independent Hearing Officer, the cost will be borne entirely by the City.

8. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal hearing, the employee may be represented by counsel or other representative. The employee may not be represented by a person who will be called as a witness.
-70-

9. Employee Appearance at Disciplinary Appeal Hearing. An employee who requests a disciplinary appeal hearing must be present during his/her disciplinary appeal hearing. Failure of the employee to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for his/her failure to be present within three working days from the date the employee fails to appear.

10. Production of Witnesses and Documents. The Independent Hearing Officer has the authority to use all available means to compel the attendance of witnesses, and to require the production of documents. The Independent Hearing Officer also has the authority to require the identification of witnesses, documents, and other evidence in advance of the disciplinary appeal hearing.

11. Conduct of Disciplinary Appeal Hearing. The proceedings before the Independent Hearing Officer will be conducted as follows:
a. The City and the employee have the following rights:
(i) To call and examine witnesses;
(ii) To introduce evidence and exhibits;
(iii) To cross-examine opposing witnesses on any matter relevant to the issue, even if the matter is not covered in the direct examination;
(iv) To impeach any witness regardless of which party first called him/her to testify;
(v) To rebut the evidence against them; and
(vi) To present oral and written arguments.
b. The City has the burden of proof, and the burden will be by the preponderance of the evidence.
c. All oral evidence and testimony will be taken under oath or affirmation.
d. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but will be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make admission of such evidence -71-
improper over objection in a court of law. Decisions made by the Independent Hearing Officer will not be invalidated by any informality in the proceedings.
e. The Independent Hearing Officer may not take testimony from one party outside the presence of the other or engage in ex parte communications with the parties.
f. Hearsay evidence may be used for the purpose of explaining any direct evidence, but will not be sufficient to support a finding, unless it would be admissible over objections in civil actions. g. The rules of privilege will be effective to the same extent that they are now or hereafter may be recognized in civil actions. h. The Independent Hearing Officer will determine the relevancy, weight, and credibility of testimony and evidence. Irrelevant evidence and unduly repetitious evidence will be excluded. The Hearing Officer will have the power to exclude any witnesses and other persons not necessary to the proceedings.
i. Notwithstanding the above, the Independent Hearing Officer will not have binding authority to add, modify, or subtract from the applicable City rules or any resolutions, ordinances, or policies adopted by the City. Further, the Hearing Officer will not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in applicable City rules, or any resolutions, ordinances, or policies adopted by the City.

G. The Independent Hearing Officer’s Decision.

1. Within 30 days after the last day of the disciplinary hearing, the Independent Hearing Officer will issue an advisory written decision containing findings of fact relating to the disciplinary charges and a recommendation regarding the discipline. The Independent Hearing Officer will recommend that the City Manager affirm, revoke, or reduce the disciplinary action imposed against the employee. The Independent Hearing Officer may not recommend discipline more stringent than that imposed by the Skelly Officer. The Independent Hearing Officer does not have the authority to require the City to perform any other action that would violate state or federal laws.

2. After consideration of the Independent Hearing Officer’s recommendation, the City Manager shall issue a final decision. The City Manager’s decision constitutes a final resolution of any disciplinary action, and no further appeal shall be permitted within the City’s administrative process. The City -72-
Manager’s decision may be reviewed by administrative writ of mandamus within the time frames established by law.

3. Notwithstanding paragraphs 1 and 2 of this section G, if the City Manager was the Skelly Officer in the pertinent employee discipline, then the following procedure regarding the Independent Hearing Officer’s decision applies:
a. Within 30 days after the last day of the disciplinary hearing, the Independent Hearing Officer will issue an advisory written decision containing findings of fact relating to the disciplinary charges and a recommendation regarding the discipline. The Independent Hearing Officer will recommend that the City Council, by a vote of simple majority, affirm, revoke, or reduce the disciplinary action imposed against the employee. The Independent Hearing Officer may not recommend discipline more stringent than that imposed by the Skelly Officer. The Independent Hearing Officer does not have the authority to require the City to perform any other action that would violate state or federal laws.
b. After consideration of the Independent Hearing Officer’s recommendation, the City Council, by a vote of simple majority, shall issue a final decision. The City Council’s decision constitutes a final resolution of any disciplinary action, and no further appeal shall be permitted within the City’s administrative process. The City Council’s decision may be reviewed by administrative writ of mandamus within the time frames established by law.

4. Extension of Time. The time limits specified for the decision of the Independent Hearing Officer may be extended by mutual, written agreement.

RULE XXI GRIEVANCES
A. Purpose and Applicability of Grievance Procedure.

The grievance procedure is used to identify and resolve in a fair, orderly, and expeditious manner, employee grievances resulting from problems which may arise from working conditions, such as alleged violations or interpretation of the City’s Personnel Ordinance, department specific rules, standalone personnel policies, or these Rules. Specifically excluded from the grievance procedures are the following:

1. Performance evaluations, counseling memos, or performance improvement plans;

2. Deferred or denied merit salary increases;
-73-

3. Any disciplinary action, as defined in Rule XX, written reprimand, or the process of imposing discipline;

4. Policy decisions of the City Council;

5. Transfer to another position without a loss of pay;

6. Any aspect of the employment examination or selection process; and

7. Matters for which there is a separate appeal, including, but not limited to, disciplinary action, or for which a separate process has been established under these Rules, an applicable MOU, or other City policy.

B. Definitions.

The following definitions will be applicable for purposes of this Section only:

1. Grievance. Subject to exceptions 1-7 in section “A” of this Rule XXI, a grievance is a complaint relating to any phase of an employee’s employment or working conditions which an employee believes has been adversely affected because of violation, misapplication, or misinterpretation of an obligation to the employee as such obligation is expressed and written in:
the City’s personnel system ordinance, these Rules, City or departmental written policies, or the applicable current memorandum of understanding with an employee organization.

2. Grievance Procedure. The process by which the validity of a grievance is determined.

3. Employee. Means any person holding regular, temporary or intermittent employee status.

4. Day. Means calendar day. The time period for grievance purposes begins on the first day following the day the grievance is filed or submitted to the next step. When the time period for a given step in the grievance procedure ends on a weekend or on a holiday, it shall automatically be extended to the next regular City workday.

5. Representative. A person who at the request of the employee or management is invited to participate in a grievance conference.

C. General Provisions.

1. Right to Grieve. Any employee shall have the right to present a grievance as permitted by this Rule. Employees are generally expected to proceed through provided procedures under this Rule XXI for grievances. However, depending on specific grievance circumstances, Human Resources Director -74-
may consent to an employee commencing their grievance at the Formal Procedure step under section E.3 of this Rule XXI.

2. Good Faith. All parties will act in good faith while attempting to reach a solution at the earliest possible step of the procedure. The employee will have the assurance that filing a grievance will not result in reprisal of any nature.

3. Representation. An employee may have a representative present during grievance meetings.

4. Grievance Forms. Standard grievance forms and this Rule governing grievances and their resolutions will be made available in the individual departments and in the Human Resources Department.

5. Retaliation Prohibited. The City will not retaliate against any employee because of his/her good faith use of the grievance procedure.

6. Time Limits.
a. Failure by the City at any step of this grievance procedure to communicate the decision on the grievance within the specified time limits will permit the aggrieved employee to proceed to the next step.
b. Failure of the aggrieved employee, at any step of this grievance procedure, to submit the decision on a grievance to the next step within the specified time limit will be deemed acceptance of the decision rendered and not subject to further appeal or consideration.

The City Manager may waive this provision upon a showing of good cause.
c. Failure by the aggrieved employee, at any step of this grievance procedure, to comply fully with the requirements of this Rule within the specified time limit will be grounds for denial of the grievance. d. The time limits specified at any step in this grievance procedure may be extended by mutual, written agreement.

7. Time Off for Grievance Conferences. Grievance conferences between management and the employee will normally be conducted during the employee’s regularly scheduled working hours at a mutually convenient time. Reasonable time off without loss of pay will be given to an employee who has a grievance and to the employee’s representative, if also an employee, in order to participate in the grievance conferences. However, employees are not entitled to time off to prepare for their grievance hearings.
-75-

8. Limitations on Authority. At any level in the grievance procedure, the City representative, depending on the pertinent step in the grievance procedure, will inform the employee if the resolution of the grievance is above the authority at that level. The employee will then be directed to the proper level in the grievance procedure.

9. Requested Referral to Alternate Manager. If a grievance regards conduct by the supervisor or manager who would be responsible for hearing the grievance at any step in the procedure set forth in Section E., below, the aggrieved employee may instead request approval to submit the grievance to the Human Resources Director, or if the grievance regards conduct by the Human Resources Director, to the City Manager. The time limits set forth in Section E., below, will be tolled from the date of the employee’s written request to the Human Resources Director or City Manager until the date of the City’s written response to such a request.

10. Effect of Condensed Chain of Command on Grievance Procedure:
a. If the aggrieved employee’s Department Head also functions as his/her sole immediate supervisor at the time the grievance is submitted, then the employee may request that the Department Head permit the employee to combine Steps One and Two.
b. The City will respond in writing to grant or deny such a request, and if granted, will confirm the step of the Grievance Procedure that will be deemed to apply. The time limits set forth in Section E., below, will be tolled from the date of the employee’s written request until the date of the City’s written response to such a request.

D. Required Contents for Written Grievances.

1. All written grievances must contain the following components:

2. A statement of the event(s) forming the basis for the grievance;

3. The provision of the Personnel Ordinance, personnel policy, or Rule alleged to have been violated;

4. A description of the relief sought by the employee;

5. Identification of any potential witnesses;

6. Any relevant documents or other evidence believed to support the grievance.

E. Grievance Procedure.
-76-

1. Right to Representation. An employee may represent self or shall have the right to request the assistance of an employee organization in presenting a grievance at any level of review.

2. Informal Procedure. An employee must first attempt to resolve a grievance on an informal, basis by discussion with his immediate supervisor without undue delay. Every reasonable effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the employee’s immediate supervisor who is not the department head. If the employee’s immediate supervisor is a department head, the informal process does not apply and the employee shall instead present the written grievance directly to the department head as set forth in paragraph 3 below.

In no case may more than fifteen (15) calendar days lapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance, and the date the employee requests a meeting with the immediate supervisor for the informal procedure. Should the grievant fail to request such meeting within fifteen (15) calendar days from the date of the incident giving rise to the grievance, or when the grievant knew or should have reasonable become aware of the facts giving rise to the grievance, the grievance shall be barred and waived.

3. Formal Procedure. Should an employee be dissatisfied with the immediate supervisor’s oral decision, the employee may file a formal written grievance.

In no case shall more than ten (10) calendar days lapse from the date the immediate supervisor issues the oral decision, resulting from the informal procedure meeting, and the filing of a written formal grievance with the employee’s immediate supervisor and the Personnel Officer of the City, with a copy to the department head for whom the employee works. Should the grievant fail to file a written grievance within ten (10) calendar days from the date of the supervisor’s oral decision, the grievance shall be barred and waived.

The employee’s immediate supervisor, upon receipt of the written grievance, shall render a decision and comments within ten (10) calendar days after receipt of the grievance. If the employee is dissatisfied with the supervisor’s decision, or if no answer has been received within ten (10) calendar days, the employee may present the grievance, in writing to the department head for review. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of the supervisor, or within ten (10) calendar days of the day the decision is due if no decision is rendered shall constitute a waiver of the grievance. -77-
If the employee’s immediate supervisor is the department head, the employee shall present the written grievance directly to the department head. In said circumstance, no more than fifteen (15) calendar days shall lapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance, and the date the employee submits his written grievance to the department head.

4. Department Head Review. The department head receiving the grievance, or a designated representative of the department head, shall discuss the grievance with the employee, and/or the employee’s representative, if any.

The department head shall render a decision and comments in writing and return them to the employee within ten (10) calendar days after receiving the grievance. If the employee is dissatisfied with the decision, or if no answer has been received within ten (10) calendar days, the employee may present the grievance in writing to the City Manager. Failure of the employee to take further action within ten (10) calendar days after receipt of the department head’s written decision, or within fifteen (15) calendar days of the day the decision is due if no decision is rendered, shall constitute waiver of the grievance.

5. City Manager Review. The City Manager, or designated representative, upon receipt of the grievance, shall meet and discuss the grievance with the employee and/or the employee’s designated representative. The City Manager may designate a factfinder to render advice concerning the appeal.

The employee who has filed the grievance may appear personally and/or present favorable evidence to the City Manager or to the factfinder. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the grievance.

6. Decision of City Manager Final. The decision of the City Manager regarding a grievance shall be final and binding with no further administrative appeals by the employee.

RULE XXII LAYOFF AND FURLOUGH
A. Layoff
An employee may be separated from employment by layoff. A Department Head, with the approval of the appointing authority, may lay off an employee in the classified service due to shortages of funds or work, the abolition of the position or other material changes in the duties or organization, or for other legitimate reasons as determined by the appointing authority.

No full-time employee shall be laid off while another person in the same classification is employed on a probationary basis. An employee may be laid off or demoted without disciplinary action and without the right of appeal through either disciplinary appeal or grievance procedures, unless otherwise required by law. An employee laid off shall be placed on a reemployment list. -78-
B. Furlough and Reduction of Hours

1. The City may implement a furlough or temporary reduction of scheduled hours whenever, in the judgment of the City Council, it becomes necessary to take such actions.

2. The City Manager will consult with affected Department Heads to determine the number of affected employees and the City Manager will notify affected employees in writing of their selection for furlough or temporary reduction of hours. Such written notice will include the start and end date, the resulting reduction in pay, and any other applicable terms and conditions.

3. Affected employees are not entitled to appeal their selection through either disciplinary appeal or grievance procedures.

4. Affected employees may not use accrued, paid leave time during designated furlough time or to supplement reduced work hours.

5. Affected employees will be deemed to remain in paid status for purposes of accrual of leave, seniority, and other eligibility for benefits, and will not be considered to have a break in service for purposes of these Rules. Furlough or reduced schedule time will not be considered “hours worked” for purposes of overtime and will not be counted towards completion of probationary periods under these Rules.

RULE XXIII SEPARATION FROM EMPLOYMENT
A. In General.

All separations of employees from positions in the classified service shall be designated as one of the following types: resignation, layoff, disability, death, retirement, dismissal, rejection during the probationary period, or abandonment of position.

B. Return of City Property.

Upon separation from employment, the employee shall return to the City all records, assets and other property of the City in the employee's custody or control.

C. Resignation.

An employee wishing to leave employment in good standing will file with the appointing authority a written resignation stating the effective date and reasons for leaving, at least two weeks before leaving the service, unless approval for a shorter notice is obtained. Resignation will be deemed accepted upon submission. A resignation made without the notice required may be regarded as cause for denying the resigning employee future employment with the City, and is a resignation not in good standing.
-79-
D. Rejection During Probationary Period
This is an involuntary separation of an employee who fails to satisfactorily complete the probationary period.

E. Abandonment of Position.

An employee may be separated from employment if the employee is on an unauthorized leave of absence as set forth in Rule XV. Abandonment of position pursuant to Rule XV is deemed an accepted and effective resignation.

F. Disciplinary Termination.

An employee may be separated by the appointing authority for disciplinary reasons as provided in Rule XX.

G. Layoff.

An employee may be separated from employment by layoff as provided in Rule XXII.

H. Retirement.

Retirement from employment will be subject to the terms and conditions of the City’s retirement plan and the statutes, rules, and regulations of CalPERS. For part-time employees enrolled in the City’s Public Agency Retirement Services (“PARS”) plan, their retirement from employment will be subject to the terms and conditions of the City’s PARS plan.

When separating from employment, retirement-eligible employees may elect to retire and receive benefits earned under the retirement plan.

I. Disability.

An employee may be separated for disability when the employee cannot perform the essential functions of the job, with or without a legally required reasonable accommodation.

A regular employee who is separated under this Section shall be afforded the procedures set forth in Rule XX (Disciplinary Procedures).

J. Death.

In the event of a death of an employee, payment of all earned wages due will be in accordance with the laws of the State of California. Unless otherwise provided by law, payment of any other funds due the deceased employee will be paid to the beneficiary so designated in writing by the employee. Separation from employment shall be effective as of the date of death.

RULE XXIV SMOKING
Pursuant to California law, smoking is prohibited on City premises, including within twenty feet of main entrances, exits, and operable windows of any City building. Further, -80-
the City prohibits smoking and the use of smokeless tobacco products (e.g., vaping, chew, dip) in City facilities, vehicles, and equipment. This policy shall be strictly enforced in order to ensure the health and safety of all employees and the public. Department heads may establish specific policies relating to smoking applying to their departments. Employees are advised to consult their specified relevant department policy.
-81-

EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL RULES
This acknowledges that I have received my copy of the City of San Marino (“City”) Personnel Rules. I recognize that the Personnel Rules supersede any related Personnel Rules, Employee Handbook, policy statements, manuals, and/or administrative policies previously issued by the City. I will read and abide by all provisions set forth in the Personnel Rules and associated personnel policies.

I understand that these Personnel Rules do not create a vested contractual right in the execution by City of any duties and responsibilities relating to these Personnel Rules or associated personnel policies.

PRINT FULL NAME _________________________________________________ SIGNED __________________________________________________________ DATE ____________________________________________________________ [RETAIN IN EMPLOYEE PERSONNEL FILE]
4 “EXHIBIT B”
PG. 1 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24

HARASSMENT, DISCRIMINATION, AND RETALIATION POLICY
I. PURPOSE AND POLICY
The City of San Marino (“City”) is committed to preventing harassment, discrimination, and retaliation, and maintains a strict policy prohibiting all types of harassment, discrimination, or retaliation because of race, color, national origin, ancestry, religion, creed, sex, gender, gender identity, gender expression, genetic characteristics or information, physical or mental disability, medical condition, marital status, sexual orientation, age, pregnancy, reproductive health choices, childbirth, or related medical conditions, military or veteran status, or any other basis protected by applicable federal, state, or local law, including based on association with individuals with these protected characteristics or based on the perception that an individual has one or more of these protected characteristics. All such harassment, discrimination, or retaliation is prohibited.

This policy applies to all officials, employees, interns, and volunteers involved in the operations of the City, as well as to applicants for employment, or any participant of another limited duration program to provide unpaid work experience and prohibits harassment and discrimination by any employee including supervisors and co-workers, and by others doing business with the City. This policy prohibits retaliation by any employee, including supervisors and co-workers. If harassment occurs on the job by someone not employed by the City, the procedures in this policy should be followed as if the harasser were an employee of the City.

Conduct that may not be prohibited under harassment, discrimination, or retaliation law may nevertheless violate this policy, violate other City policies, or other City standards of conduct.

II. DEFINITIONS
A. Discrimination: Discrimination is any action or conduct by which an employee is treated differently or less favorably than other employees similarly situated to the employee, because the employee is a member of a Legally Protected Category or Characteristic. Examples of conduct that can constitute discrimination if based on an individual’s Legally Protected Category or Characteristic include, but are not limited to the following:

1. Failing or refusing to hire an individual based on their Legally Protected Category or Characteristic.

2. Terminating an individual from employment based on their Legally Protected Category or Characteristic.

Manual of Personnel Rules, Practices and
Procedures
Section:

Personnel Conduct & Standards
of Employment
Supersedes: NEW EFFECTIVE DATE: Subject: Harassment,
Discrimination, and Retaliation
Policy
APPROVED BY THE CITY COUNCIL:

RESOLUTION NO. R-25-24

PG. 2 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24

3. Singling out or targeting an individual for different or less favorable treatment because of their Legally Protected Category or Characteristic
B. Employee: Any individual under the direction and control of the City under any appointment or contract of hire or apprenticeship, express or implied, oral or written. For purposes of this policy, the term “employee” includes any individual who is an unpaid intern or volunteer of the City. The inclusion of any individual, including but not limited to unpaid interns and volunteers, in the definition of “employee” for purposes of this policy should not be interpreted to affect the applicability of any other policy or procedure of the City.

C. Harassment: Unwelcome verbal, visual, or physical conduct based on membership in a Legally Protected Category or Characteristic that creates an intimidating, offensive, or hostile work environment. Such conduct constitutes harassment when:

1. Submission to the conduct is made either an explicit or implicit condition of employment, or an unpaid internship or volunteer program;

2. Submission to or rejection of the conduct is used as the basis for an employment decision, or any decision related to an unpaid internship or volunteer program; or

3. The harassment unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s Legally Protected Category or Characteristic. Harassment is prohibited whether it involves a co-worker, subordinate, supervisor or manager, or third parties doing business with or for the City.

D. Legally Protected Category or Characteristic: Race, color, national origin, ancestry, religion, creed, sex, gender, gender identity, gender expression, genetic characteristics or information, physical or mental disability, medical condition, marital status, sexual orientation, age (40 and over), pregnancy, reproductive health choices, childbirth, breastfeeding, or related medical conditions, military or veteran status, or any other basis protected by applicable federal, state, or local law.

E. Sexual Harassment: Sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature may all constitute sexual harassment when: (1) submission to such conduct is made a term or condition of employment, an unpaid internship, or volunteer program; or (2) submission to or rejection of such conduct is used as basis for employment decisions, or any decision relating to an unpaid internship or volunteer program, affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment. This definition includes potential forms of offensive behavior. The following is a non-exclusive list of some examples:

1. Unwanted sexual advances.

2. Offering employment benefits in exchange for sexual favors.

3. Making or threatening reprisals after a negative response to sexual advances.

PG. 3 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24

4. Visual conduct, such as leering, making sexual gestures, displaying of sexually explicit jokes, comments about an employee’s body or dress.

5. Verbal sexual advances or propositions.

6. Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations.

7. Physical conduct, such as touching, assault, impeding, or blocking movements.

8. Retaliation for reporting harassment or threatening to report harassment.

9. Electronic communications such as email, texts, or internet use that violate this policy Sexual harassment can occur between members of the same or opposite sex and need not be motivated by sexual desire or attraction. Sexual harassment can be based on pregnancy, childbirth, or related medical conditions where such conduct unreasonably interferes with the employee’s work performance, affect or impact an employee’s terms and conditions or privileges of employment or creates an intimidating, hostile or offensive work environment. Sexual harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, or harassment by third parties doing business with or for the City.

F. Supervisor: Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or the responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

G. Retaliation: Taking adverse action against any employee because of the employee’s opposition to a practice that the employee reasonably believes constitutes employment discrimination or harassment or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding or hearing. Retaliation also includes adverse action against an employee because of opposition or participation by a family member or close associate of the employee.

1. Examples of Opposition: Opposition to perceived harassment or discrimination includes threatening to file a discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the California Civil Rights Department (“CRD”), union, or court, or complaining or protesting about alleged employment discrimination or harassment to a manager, union official, co-worker, or other official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. A complaint about an employment practice constitutes protected opposition only if the employee communicates to the City a reasonable good faith belief that the practice opposed constitutes employment discrimination or harassment. Opposition in a manner which disrupts the workplace, or which constitutes an unlawful activity, or engaging in badgering or threatening of employees or supervisors is not protected.

2. Examples of Participation: The City prohibits retaliation against any individual because the individual has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding, hearing or litigation under federal or state employment discrimination or harassment statutes or at other hearings regarding protected employee PG. 4 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24
rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights.

3. Examples of Adverse Actions: For purposes of this policy, an adverse action includes the following acts, when the act is taken because of the employee’s opposition to or participation in disciplinary actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties.

III. PROCEDURES
A. Training and Policy Dissemination:

1. Non-Supervisory Employees: All employees will be given a copy of this policy and will receive guidance from the Human Resources Department on its provisions and the City’s commitment to provide a harassment-free, discrimination-free, and retaliation-free workplace. All non-supervisory employees and temporary/seasonal employees will receive training in accordance with the requirements of the Fair Employment Housing Act (Government Code section 12950.1) and implementing regulations.

2. Supervisory Employees:
(a) All supervisors will be trained once every two years on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a nonsupervisory position or as a new employee shall receive training within six months of their hiring or assumption of the supervisory position. (b) Supervisory training will last for a minimum of two hours. (c) Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
(1) Information and practical guidance regarding federal and state statutory laws about sexual harassment;
(2) Information about the correction of sexual harassment and the remedies available to victims of sexual harassment;
(3) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation; and
(4) Information and practical guidance regarding the prevention of abusive conduct, which is defined as follows: conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.

Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or PG. 5 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24
humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act does not constitute abusive conduct, unless especially severe and egregious.

B. Preventing Harassment, Discrimination, and Retaliation:

The City’s complaint procedure provides for a prompt, thorough, impartial, and objective investigation of every harassment, discrimination, or retaliation claim, appropriate disciplinary action against one found to have engaged in prohibited harassment, discrimination, or retaliation, and appropriate remedies to any victim of harassment, discrimination, or retaliation. The City encourages reporting of all perceived incidents of harassment, discrimination, and retaliation.

1. Optional Process: An employee who believes that another person has harassed, discriminated, or retaliated against the employee is encouraged to, but is not required to, confront this person and politely, but firmly inform the person of the conduct that the employee finds offensive or retaliatory and request that the person cease this behavior. If the employee does not wish to confront the person harassing, discriminating, or retaliating against the employee, or if the employee’s attempts to do so have failed, the employee should file a complaint with the City.

2. Filing a Complaint: Employees should follow this procedure to notify the City of harassment, discrimination, or retaliation. Employees who believe they have been harassed, discriminated against, including by persons doing business with or for the City, or retaliated against on the job, should promptly report the complaint to their immediate supervisor, any supervisor, the Human Resources Director, or to the City Manager as soon as possible.

In addition to being able to report potential harassment, discrimination, or retaliation to any supervisory employee, the following suggested reporting procedures are available when filing a complaint about certain individuals in the City:
• Complaints regarding a person within the employee’s direct chain of command may be provided to the Human Resources Director.
• Complaints regarding the Human Resources Director may be provided to the City Manager.
• Complaints regarding the City Manager or the City Attorney may be submitted to the City Clerk for consideration by the City Council during closed session. • Complaints regarding a member of the City Council may be reported to the City Manager or the City Attorney.

The complaints should be as detailed as possible and should include: details of the incident(s), name(s) of individuals involved, and the name(s) of any witness(es). The employee should also attach any documentary evidence to the complaint.

Notification to the City of potential harassment, discrimination, or retaliation is essential. The City assures employees that they will not be penalized in any way for filing a good faith complaint of potential discrimination, harassment, or retaliation.

Supervisors and managers must immediately refer all harassment, discrimination, or retaliation complaints to the City’s Human Resources Director.

PG. 6 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24
ALL EMPLOYEES SHOULD NOTE THAT THE FAILURE TO USE THE CITY’S

COMPLAINT PROCEDURE MAY HAVE AN ADVERSE EFFECT ON ANY CLAIM UNDER THIS POLICY WHEN SUCH CLAIMS ARE LITIGATED.

3. Investigation of Complaints: All incidents of harassment, discrimination, and retaliation that are reported must be investigated. The Human Resources Director, or other appropriate person if the circumstances warrant, will promptly undertake or direct an effective, thorough, and objective investigation of the harassment, discrimination, or retaliation allegations. The investigation will be completed and the determination regarding the harassment, discrimination, or retaliation alleged will be made and such determination will be communicated to the complainant and the accused.

Employees may be placed on administrative leave during an investigation until the conclusion of a discrimination, harassment, or retaliation investigation.

4. Corrective Action: If the City determines that a policy violation has occurred, the City will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any such future violation of the policy.

In light of the City’s duty to prevent harassment, discrimination, and retaliation and in light of the City’s desire to have a professional and productive work environment, the City reserves the right to take appropriate corrective action when an employee engages in inappropriate conduct that does not fully rise to the legal standards and definitions set forth in Section II but violates other City policy or standards of conduct. For example, the City may take appropriate corrective action for inappropriate conduct, even if such conduct was not subjectively unwelcome or offensive to another employee of the City.

C. Anonymity and Confidentiality:

1. While the City will investigate anonymous complaints, the City strongly discourages anonymous complaints. EMPLOYEES CHOOSING TO FILE A COMPLAINT

ANONYMOUSLY MUST BE AWARE THAT ANONYMITY IN THE COMPLAINT

PROCEDURE MAY COMPROMISE THE CITY'S ABILITY TO COMPLETE A THOROUGH INVESTIGATION. Employees should also be aware that should the City learn of the identity of an anonymous complainant, the City cannot guarantee that the complainant’s identity will remain confidential, if the City determines in its discretion that disclosure is necessary to complete the investigation.

2. The City will take all reasonable steps available to maintain the confidentiality of all complaints of harassment, discrimination, and/or retaliation as well as all information gathered during an investigation. However, the City retains sole discretion to determine whether disclosure of information is necessary to complete the investigation or for other legitimate purposes.

3. In order to protect the integrity of the investigation and the privacy of the individuals involved, the City may direct that all employees involved in an investigation of harassment, discrimination, and/or retaliation complaints as complainant(s), witness(es), or accused are required to keep all information related to the investigation confidential. If so directed, an employee revealing such information is grounds for disciplinary action as provided for in the City’s Personnel Rules, except as expressly permitted by law, such as in discussion with a legal or employee representative.

PG. 7 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24
D. Obligation to Cooperate: All employees involved in a workplace investigation into alleged harassment, discrimination, or retaliation are required to fully and truthfully cooperate with the investigation. Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action as provided for in the City’s Personnel Rules, up to and including termination.

E. Obligation to Report:

1. Supervisory Employees: Any supervisor who receives a complaint of harassment, discrimination, or retaliation, who witnesses harassment, discrimination, or retaliation or who has any reason to believe that harassment, discrimination, or retaliation may have occurred in the workplace is required to report the conduct immediately to the Human Resources Director. Failure to report may result in disciplinary action being taken against the supervisor as provided for in the City’s Personnel Rules, up to and including termination.

2. Non-Supervisory Employees: While non-supervisory employees are not required under this policy to report potential harassment, discrimination, or retaliation, they are strongly encouraged to do so. If a non-supervisory employee elects to report potential harassment, discrimination, or retaliation, the employee may report to any supervisor or to the Human Resources Director.

F. Intentionally False Complaints: Employees are prohibited from making an intentionally false complaint of harassment, discrimination, and/or retaliation. An intentionally false complaint is a complaint that the employee demonstrably does not believe to be true. Any employee making an intentionally false complaint is subject to disciplinary action, up to and including termination.

G. Additional Enforcement Information: In addition to the City’s internal complaint procedure, employees should also be aware that the EEOC and the CRD investigate and prosecute complaints of harassment, discrimination, or retaliation in employment.

1. You can contact the EEOC as follows: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California, 90012; 800-669-4000/800-669-6820 (TTY) or 213-894-1000; www.eeoc.gov.

2. You can contact the CRD as follows: 2218 Kausen Drive, Suite 100, Elk Grove, California 95758; 800-884-1684/800-700-2320 (TTY) or 916-478-7251; www.calcivilrights.ca.gov.

Employees should feel free, without fear of retaliation, to follow the procedures set forth above if they believe they have been harassed, discriminated or retaliated against as described in this policy.

For more information, contact the City’s Human Resources Department.

II. EXCEPTIONS
There are no exceptions to this policy without the express authorization of the City Manager.

III. AUTHORITY
By the authority of the City Manager.

PG. 8 OF 8
ADOPTED VIA RESOLUTION NO. R-25-24

EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF

THE CITY OF SAN MARINO'S HARASSMENT, DISCRIMINATION, AND RETALIATION POLICY By my signature below, I acknowledge that I have received, read and understood the City of San Marino’s Policy Against Harassment, Discrimination, and Retaliation, and I will abide by its terms. I understand that failure to fully comply with all terms set forth in the Policy may lead to disciplinary action, up to and including termination.
___________________________________
Print Full Name
___________________________________
Signature
___________________________________
Date
5 I HEREBY CERTIFY that the foregoing Resolution No. R-25-24 was duly and regularly passed by the City Council of the City of SAN MARINO at a regular meeting held on September 10, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ALISON WALKER, CITY CLERK

APPROVED AS TO FORM
____________________________
Joseph Montes, City Attorney