Agenda packet — South Lake Tahoe City Council, April 22, 2025 (part 2 of 4)

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N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV – BUSINESS AUTO CONDITIONS:

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143

COMMERCIAL AUTO
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CA T4 74 02 16 Page 1 of 1
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1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION ll – COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
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Regardless of the provisions of paragraph a. and
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146
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:6
Agenda Item: Sale of Surplus Property
Executive Summary: Fleet Services has evaluated the City's current inventory of vehicles and equipment and generated a list of items for auction. Fleet Services has provided the rationale for declaring the listed items as surplus and directing the sale of City assets. The items listed have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy allows for the sale to the public of items and vehicles that are deemed surplus or have reached the end of their lifecycle. Staff is requesting the City Council pass the attached resolution directing the sale of vehicles, equipment, and other assets.

Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus and directing the sale of vehicles, equipment and other City assets.

Responsible Staff Member: Anush Nejad, Director of Public Works, and Phil Harwood, Fleet Supervisor
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Surplus Property.docx
02 - Resolution for Surplus Vehicles.docx
03 - 2025 Spring Auction (Exh. A to Reso).pdf
147
Council Agenda Report April 22, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Surplus Property
Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works, and Phil Harwood, Fleet Supervisor
Background: Fleet Services has evaluated the listed items and provided the rationale that the items have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy (within Financial Policies: Preserving Capital Investments – Fixed Assets Capitalization and Inventory Control Policy) allows for the sale of public items and vehicles that are deemed surplus or have reached the end of their lifecycle (See Exhibit A).

Issue and Discussion: The attached listing of proposed auction items includes a list of vehicles along with a brief justification for the recommendation to dispose of each asset. Along with the various vehicles and equipment, is the request to dispose of various small tools, surplus items from warehouse stock, and other items of lesser value that reached their service life and/or have become inoperable.

Financial Implications: Auction proceeds generate revenue and will be used to offset the cost to purchase vehicles and/or equipment in the FY 2024/25 budget year. Fleet Services uses large cooperative governmental auctions. These auctions historically return higher proceeds and offer greater accountability.

Environmental Considerations: This action is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities that will not result in a direct or indirect physical change in the environment).

Policy Implications: Proceeds from the proposed auction will be used to purchase replacement assets, lowering the overall cost of replacements. Replacing old vehicles and equipment lowers maintenance & supply costs. New equipment designs often improve efficiencies and the reduced maintenance downtime will reduce labor hours required for maintenance and increase the availability of equipment, also lowering costs. 148
Resolution 2025-XXX April 22, 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
April 22, 2025
Declaring certain vehicles and equipment as surplus and directing the Sale of Vehicles, Equipment, and other City Assets

BACKGROUND
A. In the listing attached hereto as Exhibit A, Fleet Services has evaluated the listed items and provided the rationale that the items have reached the end of their serviceable lifecycle.

B. The attached listing was reviewed by the Fleet Supervisor and the Director of Public Works, and it was determined to be in the interest of the City that these items be auctioned.

C. The adopted surplus policy allows for the sale of public items and vehicles that are deemed surplus and/or have reached the end of their serviceable lifecycle.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

Approves and direct the Fleet Supervisor to sell the items on Exhibit A in a public governmental contracted auction.

Adopted by the City of South Lake Tahoe City Council on April 22, 2025, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
149
Unit # Make Model Year Hours Condition - Notes
4016 Ferguson Roller 1990 1,942 Past service life, Emissions 4020 New Holdland 4630 1996 2,595 Past service life, Emissons 5034 John Deere 544c 1984 9,662 Past service life, Emissions 3069 International Sander truck 1991 7,946 Past service life. Emissions 2141 Polaris GEM ELXD 2019 NA Accident - Total Loss
6108 Truck bed custom 2008 NA No longer used surplus
9204, 9205 2 Diesel pumps GasBoy pump 2007 NA Replaced with new diesel pumps Exhibit A - Surplus Property List
Miscellaneous
Vehicles
150
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:7
Agenda Item: Amendment to the Residential Parking Permit (RPP) Zones in the Lakeside Residential Area
Executive Summary: On October 12, 2023, the Director of Public Works received a formal request from the Lakeside Park Association (LPA) to evaluate and implement a Residential Parking Permit Program in the LPA's residential neighborhood. On November 19, 2024, the City Council approved the implementation of Residential Parking Permits and No-Parking Restrictions on certain roadways in the Lakeside Residential Area. The City staff had a subsequent meeting with the Board and residents of the community, and per their request, they want a minor modification to the Azure Blvd parking restrictions to allow resident permit parking on the westerly side from 873 Park Avenue to 4051 Azure Avenue. Staff members agree with the recommendations and believe that this change will benefit the residents.

Requested Action / Suggested Motions: Pass a Resolution Amending the Seasonal No Parking and Resident Permit Parking Restrictions on Certain Streets in the Lakeside Residential Neighborhood.

Responsible Staff Member: Anush Nejad, Director of Public Works and Sonia Wheeler, Code Enforcement Officer
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff_ReportEstablishing_Residential_Parking_Permit_Zones_in_the_Lakeside_Residential_Area_R_.docx 02-ORD 2023-1178 Residential Parking Permit Program
03 - Resolution 2024-133 Lakeside Residential Parking Permit.pdf 04-Resolution-Amendments to Lakeside Parking.docx
05 - Map of Proposed Lakeside Park Association Parking Restrictions 2025.pdf 151
Council Agenda Report April 22, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Amending Residential Parking Permit Zones in the Lakeside Residential Area Location: Lakeside Residential Neighborhood
Responsible Staff Member: Anush Nejad, Director of Public Works and Sonia Wheller, Community Services Officer Supervisor
Background: On September 12, 2023, the City Council adopted an ordinance to add Section

4.25.365, allowing the Residential Parking Permit Program (RPPP) in the City of South Lake Tahoe (Ordinance 2023-1178, Attachment 02).

On October 12, 2023, the Director of Public Works received a formal request from the Lakeside Park Association (LPA) to evaluate and implement a Residential Parking Permit Program (RPPP) in the LPA's residential neighborhood (Attachment 03). The LPA's non-residential traffic impacts are primarily related to summer tourist activities, including Stateline Casinos and Celebrity Golf tournaments.

On November 19, 2024, the City Council adopted Resolution 2024-133, establishing Seasonal No-Parking Restrictions on Certain Streets in the Lakeside Residential Neighborhood (Attachment 03) between June 1 and September 30 each year.

Issue and Discussion: As part of outreach prior to the program's implementation, City staff attended a virtual meeting with the Neighborhood Association on March 19, 2025. The purpose of the meeting was to explain the RPPP rules and the process of obtaining permits. During the meeting, the Association requested minor modifications to the RPPP and No Parking zones on Azure Avenue. Subsequently, staff evaluated this request and concurred that the modification would benefit the residents. Attachment 4 show the amended resolution. Attachment 5 is the amended map of the parking restrictions.

Financial Implications: There are no Financial implications as a result of this amendment to the RPPP and parking restrictions on Azure Avene. Funding for implementation of the RPPP was previously approved on November 19, 2024.

Environmental Considerations: The actions proposed in this item are exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities).

Policy Implications: This project advances the City Council's Strategic Priorities and Goals related to traffic safety and neighborhood preservation. 152
Ordinance 2023- 1178 September 12, 2023 Page 1 of 2
Ordinance 2023-1178
Adopted by the City of South Lake Tahoe
City Council
September 12, 2023
An Ordinance Amending South Lake Tahoe City Code Title 4, Chapter 4.25 to Add Section 4.25.365 (Residential Parking Permit Program) to Designate Areas Where On-Street Parking Permits are Available to Residents of Streets Where Parking is Otherwise Prohibited

FINDINGS
A. The City has authority under California Vehicle Code section 22507 to grant preferential parking privileges to residents on streets where parking is otherwise prohibited.

B. The Public Works Director/ City Traffic Engineer recommends adopting this Ordinance to establish a Residential Parking Permit Program that would allow the City Council to designate such areas where on-street parking permits are available to residents of streets where parking is otherwise prohibited.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. South Lake Tahoe City Code Title 4, Chapter 4.25 (Motor Vehicles and Traffic), is hereby amended to add Section 4.25.365 (Residential Parking Permit Program) as follows:

4.25.365 Residential Parking Permit Program.

A. City Council Findings. In certain areas of the City of South Lake Tahoe, non-resident vehicles do or may substantially and regularly interfere with the use of the majority of the available on-street spaces by adjacent residents; this interference occurs at regular and significant daily or weekly intervals; the volume of non-resident vehicles in these certain areas cause unreasonable traffic hazards, noise, and trash impacts; a shortage of reasonably available and convenient residential related parking spaces exist in these areas; and alternative solutions are not feasible or practical.

B. Authorization. The City Council, upon finding that such zone is required to provide reasonably available and convenient parking for the benefit of adjacent residents, may designate certain streets or any portions thereof as residential permit parking zones, in which zones vehicles displaying a permit that is visible from the outside of the vehicle are exempt from parking prohibitions otherwise posted.

C. Definition of resident. For the purpose of this section, a “resident” means a person who owns or rents a dwelling unit within a residential permit parking zone for their own living 153
Ordinance 2023- 1178 September 12, 2023 Page 2 of 2
accommodations, including owner- occupants, long-term tenants, and second homeowners.

D. Permits. The City Manager is authorized to develop an application for residential parking permits. Applicants for such permits must present proof of residence adjacent to the area designated as a residential permit parking zone. Permits for multifamily units will be issued to the owner of the property for distribution to tenants. Two guest vehicle permits will be issued per address of applicant( s). Permits are to be effective for one year from the date of issuance.

E. Prohibitions. Residential parking permits are not transferable, and it is unlawful for a person to give, sell, or rent a residential parking permit to another person.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The City Council finds that adoption of the proposed Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301( c) (Existing Facilities) because the Ordinance addresses parking regulations on existing roadways.

SECTION 4. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 5. This Ordinance shall become effective thirty days after the date of its adoption.

Adopted by the City of South Lake Tahoe City Council on September 12, 2023 by the following vote:

Yes: Bass, Friedrich, Wallace and Robbins

Absent: Creegan
Date:_________
Cody Bass, Mayor Pro Tem
Attest:

Susan Blankenship, City Clerk
First Reading: August 8, 2023
Published: September 1, 2023
Second Reading: September 12, 2023
Effective: October 12, 2023
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Sue Blankenship ( Sep 13, 2023 13:18 PDT)
Cody Bass ( Sep 15, 2023 16: 15 PDT)
Sep 15, 2023
154
ORD 2023-1178 Residential Parking Permit
Program
Final Audit Report 2023- 09-15
Created: 2023- 09-13
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAA- 9xbPxwALNZJSp2VOr0E1A- Dj_ugrXTE ORD 2023-1178 Residential Parking Permit Program" History Document created by jo Mcdonough ([email protected]) 2023- 09- 13 - 7:55:23 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 09- 13 - 7:55:59 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 09- 13 - 8:18:43 PM GMT- IP address: 104. 47.65.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 09-13 - 8:18:50 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature
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Email viewed by [email protected]
2023- 09- 15 - 11:15:29 PM GMT- IP address: 174. 236. 227. 92 Signer [email protected] entered name at signing as Cody Bass 2023- 09- 15 - 11:15:43 PM GMT- IP address: 174. 236. 227. 92 Document e-signed by Cody Bass ([email protected])
Signature Date: 2023- 09-15 - 11:15:45 PM GMT - Time Source: server- IP address: 174. 236. 227. 92 Agreement completed.
2023- 09- 15 - 11:15:45 PM GMT
155
Resolution 2024-133 November 19, 2024 Page 1 of 2
Resolution 2024-133
Adopted by the City of South Lake Tahoe
City Council
November 19, 2024
Establishing Seasonal No Parking Restrictions on Certain Streets in the Lakeside Residential Neighborhood, Accepting $ 7,500 in Funds from Lakeside Park Association, and Appropriating $ 17,500 from General Fund Undesignated Excess Reserves for Implementation of the Residential Parking Permit Program

BACKGROUND
A. On September 12, 2023, the City Council adopted an ordinance to add Section 4.25.365 to allow the Residential Parking Permit Program ( RPPP) in the City of South Lake Tahoe Ordinance 2023-1178).

B. On October 12, 2023, the Director of Public Works received a formal request from the Lakeside Park Association ( LPA) to evaluate and implement an RPPP in the LPA's residential neighborhood. The LPA's non-residential traffic impacts are primarily related to summer tourist impacts related to Stateline Casinos and Celebrity Golf tournaments.

C. As part of the ongoing effort to improve citywide parking and traffic conditions in residential neighborhoods, especially during high tourism months, the Public Works Director/ City Traffic Engineer recommends establishing certain residential streets as no-parking areas or Residential Parking Permit ( RPP) from June 1 to September 30 (4 months).

D. Under South Lake Tahoe City Code section 4.25.300(C) and California Vehicle Code section 22507( a), the City Council is authorized to establish no parking areas by resolution and enforce the no parking areas once appropriate signage is installed.

E. If the City Council adopts an ordinance to authorize residential permit parking under California Vehicle Code section 22507( a), then the Public Works Director/ Traffic Engineer will propose modifications to this resolution to authorize residential permit parking on one or both sides of those streets where residents have indicated sufficient support for such a program, through the Lakeside Association.

F. Lakeside Park Association has offered and agreed to a cost-sharing agreement with the City to accommodate the implementation of RPPP for $7,500 for the proposed work via a cashier’ s check.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
156
Resolution 2024-133 November 19, 2024 Page 2 of 2

1. Establishes no parking areas from Jun 1 to September 30, or permanent no parking, on the following streets and segments of streets:
a. Azure Ave (RPP on the easterly side, from 4052 Azure to Stateline Avenue and No Parking on the westerly side from Park Avenue to State Line Avenue). b. Greenwood Road (RPP on the easterly side and No Parking on the westerly side from Park Avenue to Hill Road).
c. Sunrise Lane ( RPP on the easterly side and No Parking on the westerly side from Park Avenue to Hill Road).
d. Hill Road ( RPP on the northerly side and No Parking on the southerly side from Sunrise Lane to Azure Avenue).

2. Authorizes acceptance of a $7,500 payment from Lakeside Park Association for purchasing and installing RPPP signs and posts and amends FY 2024/25 budget for depositing funds into Street Maintenance/ Contributions revenue account 201-03510- 36280.

3. Appropriates $ 17,500 from Undesignated General Funds for implementation of the RPPP program and transfers $ 12,500 into Street Maintenance account 201-03510- 36300 and 5,000 into Parking Management program account 515-05330- 36300.

4. Appropriates $ 20,000 into Streets expense account 201-03510- 45017 Signs, Supplies and 5,000 to Parking Management program expense account 515-05330- 45010 General Supplies for Parking Management Program RPPP set up.

5. Amends the Master Fee Schedule to add a Parking Citation fine of $300 for parking in the no parking areas listed in this Resolution; and authorizes towing of vehicles parked in violation of this Resolution.

Adopted by the City of South Lake Tahoe City Council on November 19, 2024, by the following vote:

Yes: Bass, Wallace, Creegan, Robbins, Middlebrook
Date:_________
Cody Bass, Mayor
Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Susan Blankenship ( Nov 21, 2024 15:38 PST)
Cody Bass ( Nov 25, 2024 13:27 PST)
Nov 25, 2024
157
Resolution 2024-133 Lakeside Residential
Parking Permit
Final Audit Report 2024- 11-25
Created: 2024- 11-21
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAxgNEG2ZzecvPJQUNL3MMn1LxBrm9MLKf Resolution 2024-133 Lakeside Residential Parking Permit" Hist ory
Document created by Michelle Davis ([email protected]) 2024- 11- 21 - 11:12:58 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 11- 21 - 11:13:02 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 11- 21 - 11:37:46 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 11-21 - 11:38:02 PM GMT - Time Source: server Document emailed to Cody Bass ([email protected]) for signature 2024- 11- 21 - 11:38:03 PM GMT
Email viewed by Cody Bass ([email protected])
2024- 11- 25 - 9:27:24 PM GMT
Document signing delegated to Cody Bass ([email protected]) by Cody Bass ([email protected]) 2024- 11- 25 - 9:27:27 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024- 11-25 - 9:27:39 PM GMT - Time Source: server Agreement completed.
2024- 11- 25 - 9:27:39 PM GMT
158
Resolution 2025-xxx April 22, 2025 Page 1 of 2
Resolution 2025-xxx
Adopted by the City of South Lake Tahoe
City Council
April 22, 2025
Modifying Seasonal No Parking Restrictions on Certain Streets in the Lakeside Residential Neighborhood
(Modifies Resolution 2024-133)

BACKGROUND
A. On September 12, 2023, the City Council adopted an ordinance to add Section 4.25.365 to allow the Residential Parking Permit Program (RPPP) in the City of South Lake Tahoe (Ordinance 2023-1178).

B. On October 12, 2023, the Director of Public Works received a formal request from the Lakeside Park Association (LPA) to evaluate and implement an RPPP in the LPA's residential neighborhood. The LPA's non-residential traffic impacts are primarily related to summer tourist impacts related to Stateline Casinos and Celebrity Golf tournaments.

C. As part of the ongoing effort to improve citywide parking and traffic conditions in residential neighborhoods, especially during high tourism months, the Public Works Director/City Traffic Engineer recommended establishing certain residential streets as no-parking areas or Residential Parking Permit (RPP) from June 1 to September 30 (4 months), which the City Council authorized by approving Resolution No. 2024-133.

D. Under South Lake Tahoe City Code section 4.25.300(C) and California Vehicle Code section 22507(a), the City Council is authorized to establish no parking areas by resolution and enforce the no parking areas once appropriate signage is installed.

E. The Public Works Director/Traffic Engineer proposes modifications to Resolution No. 2024- 133 to authorize some resident permit parking on a portion of the west side of Azure Ave.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
159
Resolution 2025-xxx April 22, 2025 Page 2 of 2

1. Establishes no parking areas from June 1 to September 30, or resident permit parking only from June 1 to September 30, on the following streets and segments of streets:
a. Azure Ave (RPP on the easterly side, from 4052 Azure to Stateline Avenue; RPP on the westerly side from 873 Park Avenue to 4051 Azure Avenue and No Parking on the westerly side from 4055 to 4121 Azure Avenue).
b. Greenwood Road (RPP on the easterly side and No Parking on the westerly side from Park Avenue to Hill Road).
c. Sunrise Lane (RPP on the easterly side and No Parking on the westerly side from Park Avenue to Hill Road).
d. Hill Road (RPP on the northerly side and No Parking on the southerly side from Sunrise Lane to Azure Avenue).

Adopted by the City of South Lake Tahoe City Council on April 22, 2025, by the following vote:

Yes:

No:

Absent:

Requested Action / Suggested Motions: Pass a Resolution: (1) authorizing acceptance of an amount up to $56,464 from the California State Boating and Enforcement Aid Program; (2) authorizing and directing the Mayor, or the Chief of Police, to execute the Program Agreement and each reimbursement claim; (3) accepting El Dorado County vessel property taxes in the amount up to $55,612.00 for a total program amount up to $112,076.00; and (4) authorizing budget of that amount into the current City’s budget into account #237 02110 effective July 1, 2025.

Responsible Staff Member: Lt. Scott Crivelli
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Police Boat Financial Aid.docx
02-Resolution.docx
03-Police Boat Grant Application FY 25-26.pdf
04-Police Boat Financial Aid Agreement.pdf
162
Council Agenda Report – April 22, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Police Boat Safety and Enforcement Program Funding Acceptance and Program Participation State FY 25/26
Location: Police Department
Responsible Staff Member: Lt Scott Crivelli, (530) 542-6130 Background: The City provides a Police Boating Safety and Enforcement Program each year for residents and visitors of our community. This program begins approximately two weeks prior to Memorial Day weekend and ends approximately two weeks after Labor Day weekend. The program is funded every year by a state boating safety grant combined with El Dorado County vessel property taxes. The program provides the city with funding to staff the Police Department patrol boat on the waters of Lake Tahoe during this time.

Issue and Discussion: The Police Boating Safety Program is funded by two revenue sources. The first source is financial aid from California State Parks, Division of Boating and Waterways. The South Lake Tahoe Police Department applies for this aid annually. On October 22, 2024 Council granted authorization for staff to apply for financial aid through the California Division of Boating and Waterways.

South Lake Tahoe PD has been granted financial aid and staff is now requesting Council to accept and authorize participating in the program. The financial aid period is from July 1, 2025 through June 30, 2026 and will be submitted to request a program cost reimbursement in an amount of up to $56,464 from California State Parks, Division of Boating and Waterways.

The second revenue source is from El Dorado County vessel property taxes. The amount of vessel property taxes allocated for the City’s Police Boating Safety and Enforcement Program for the 2025/2026 fiscal year is $55,612.00.

To receive this funding, California State Parks requires the City Council to authorize the Mayor, or their designee, to sign the application for financial aid and the financial aid program agreement. They also require authorization for the Mayor, or their designee, to sign each reimbursement claim on behalf of the city per the agreement.

Financial Implications: There will be no additional impact to the general fund. The program will be funded as described above in the amount up to $112,076. Expenditures for the program will be reimbursed quarterly. Effective July 1, 2025; budget in account # 237 02110 should be amended as follows:
163
Council Agenda Report – April 22, 2025 Page 2 of 2
Revenue: #33211 $56,464.00
#31120 $55,612.00
Expenditures: #41020 (Personnel) $82,076.00
#43025 (R & M) $20,000.00
#46120 (Tools/Parts) $10,000.00
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: The police boating safety program supports the City of South Lake Tahoe’s Strategic Plan “5.1 – Public Safety”.
164
Resolution 2025-XXXX April 22, 2025 Page 1 of 2
Resolution 2025- XXX
Adopted by the City of South Lake Tahoe
City Council
April 22, 2025
Accepting financial aid from the California State Boating and Enforcement Aid Program; authorizing the Mayor, or the Police Chief, to sign the program agreement and each reimbursement claim; authorizing acceptance of financial aid award from the California State Boating and Enforcement Aid Program in amount up to $56,464.00 and to participate in the program. Acceptance of El Dorado County vessel property taxes, confirmed and certified by the El Dorado County Auditor in the amount up to $55,612.00 for a total program amount up to $112,076.00; and authorizing budget of that amount into the current City’s budget into account #237 02110 effective July 1, 2025.

BACKGROUND
A. The City of South Lake Tahoe Police Department operates a Police Boating Safety and Enforcement Program.

B. The City of South Lake Tahoe Police Department applied for financial assistance from the State Boating and Enforcement Aid Program, after authorization from Council on 10/22/24 for up to $56,464.00 which shall be used solely for the Boating Safety and Enforcement Program.

C. The City of South Lake Tahoe has been allocated 2025/26 El Dorado County Vessel Taxes in the amount up to $55,612.00 and will expend 100 percent of these funds on a Boating Safety program.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Ratifies the California State Parks, Division of Boating and Waterways application for financial aid.

2. Authorizes the acceptance of financial aid and participation in the program from the California State Boating and Enforcement Aid Program for an amount up to $56,464.00 and of El Dorado County vessel taxes in amount up to $55,612.00 for a total program budget of $112,076.00.

3. Authorizes the Mayor, or the Chief of Police, to sign the Program Agreement, and each reimbursement claim filed pursuant to the financial aid agreement.

4. Authorizes up to the total program budget be added to the 2024/2025 budget and allocated into account #237 02110 effective July 1, 2025 as follows:

Revenue: #33211 $56,464.00
#31120 $55,612.00
Expenditures: #41020 (Personnel) $82,076.00
#43025 (R & M) $20,000.00
#46120 (Tools/Parts) $10,000.00
Adopted by the City of South Lake Tahoe City Council on April 22, 2025 by the following vote: Yes:

No:

Absent:
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Resolution 2025-XXXX April 22, 2025 Page 2 of 2
Abstain:

Tamara Wallce, Mayor
Attest:

Date:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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Boating Safety and Enforcement Financial Aid Program Agreement This agreement entered into this 1ST day of July, 2025, by and between the CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS, hereinafter called “Department,” and the CITY OF SOUTH LAKE TAHOE, hereinafter called “Agency”;

WITNESSETH
WHEREAS, The Baseline funding outlined in III A. of this agreement is an estimate and contingent upon the approval of the Governor’s Fiscal Year 2025-26 Budget Act, the Department intends to enter into an agreement with the Agency for the purpose of conducting boating safety and enforcement activities as specified in Title 14, California Code of Regulations, Section 6593.3; and WHEREAS, the Agency is equipped, staffed, and prepared to provide such services under the terms and conditions set forth in this agreement and in accordance with Title 14, California Code of Regulations, Section 6593 et seq.; and
WHEREAS, pursuant to Title 14, California Code of Regulations, Section 6593.6, the Department is required to enter into an annual agreement with each participating agency; and NOW, THEREFORE, it is mutually agreed as follows:

I. Applicable Law
Agency shall observe and comply with all applicable federal, state, and county statutes, ordinances, regulations, directives, and laws, including, but not limited to, Harbors and Navigation Code Section 663.7 and Section 6593 et seq. of Title 14, California Code of Regulations. Agreement shall be deemed to be executed within the State of California and construed and governed by the laws of the State of California.

II. Description of Services
Agency shall conduct boating safety and enforcement activities in the jurisdiction of the Agency in consideration of the payments hereinafter set forth.

III. Payments
A. Maximum Amount. The amount the Department shall be obligated to pay for services rendered under this agreement shall not exceed $56,464.00 for the agreement term in full consideration of Agency’s performance of the services described in this agreement.

B. Rate of Payment. The Department shall reimburse Agency in accordance with the reimbursement procedures set forth in Title 14, California Code of Regulations Section 6593.9.
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C. Submission of Claims. Agency shall submit claims for reimbursement to the Department contact person identified in paragraph V of this contract on a ___monthly OR ___quarterly basis. (Please check one)
D. Failure to Submit Claims. Claims for reimbursement shall be submitted within 60 days following the last day of the reporting period. Pursuant to Title 14, California Code of Regulations 6593.9 (i), the Department may reduce an Agency’s allocation by five percent if the Agency exceeds the sixty-day billing period and an additional five percent for every thirty-day period thereafter that the Agency is late in filing a claim.

IV. Records
Agency shall maintain records pursuant to Section 6593.10 of Title 14, California Code of Regulations.

V. Notice
Notice shall be in writing and shall be deemed to have been served when it is deposited in the United States mail, first class postage prepaid, and addressed as follows:

TO DEPARTMENT TO AGENCY
Ms. Joanna Andrade City of South Lake Tahoe Police Dept.

Department of Parks and Recreation 1352 Johnson Blvd
Division of Boating and Waterways South Lake Tahoe, CA 96150 715 P Street, 12th floor
Sacramento, CA 95814
Either party may change the address to which subsequent notice and/or other communication can be sent by giving written notice designating a change of address to the other party.

VI. Term
This agreement shall be for the term beginning July 1, 2025, and ending June 30, 2026.

VII. Prior Agreements
All prior agreements regarding this subject matter between Department and Agency are hereby terminated effective June 30 prior to the term beginning date of this agreement.

VIII. Amendment
No amendment or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto.

IX. Termination
Agency may terminate this agreement without cause in writing at any time. The Department may terminate this agreement without cause upon a sixty (60) days written notice served upon the Agency.
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X. Special Provisions
A. Agency hereby certifies that the obligations created by this agreement do not violate the provisions of Sections 1090 to 1096 of the Government Code.

B. This agreement shall have no force or effect until signed by the Department, Agency, and approved by the Department of General Services Legal Department, if required.

C. Agency shall continue with the responsibilities of this agreement during any dispute.

D. In the event of an allocation reduction for this program, an equal allotment will be decrease from every participant.

E. Failure by the Agency to comply with the terms of this agreement may jeopardize the Agency's ability to be awarded funding in future funding opportunities offered by the Department of Parks and Recreation.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.

CALIFORNIA DEPARTMENT OF PARKS AND

RECREATION, DIVISION OF BOATING AND

WATERWAYS
By:

California Department of Parks and Recreation,
Division of Boating and Waterways
Date:
“Department”

CITY OF SOUTH LAKE TAHOE
By:

Title: _______________________________
Date:
“Agency”
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:9
Agenda Item: Ratification of Agreement with Lake Tahoe Unified School District (LTUSD) for the Third Grade Swim Program
Executive Summary: The Cityâ€™s Parks and Recreation Department (City) and Lake Tahoe Unified School District (LTUSD) are partnering together to offer third grade students in in LTUSD free swim lessons that will be taught by City lifeguards at the Rec Center. The purpose of the Third Grade Swim Program is to promote water safety and provide access to all of these students to learn this critical life skill. The City and LTUSD agree to facilitate the Third Grade Swim Program to offer LTUSD third graders four (4) days of free one-hour session group swim lessons at no cost to participants. Staff recommends Council ratify the Agreement with LTUSD 3rd Grade Swim Program and authorize the City to offer this program at no cost to the participants.

Requested Action / Suggested Motions: Pass a Resolution authorizing a fee waiver and ratification of the Agreement with LTUSD for the Third Grade Swim Program to be offered at no cost to participants.

Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Agreement with LTUSD for the Third Grade Swim Program.docx 02-Resolution - Third Grade Swim Program.docx
03-C-027-2025 Third Grade Swim Program Agreement (Exh. A to Reso).pdf 177
Council Agenda Report- April 22, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Agreement with LTUSD for the Third Grade Swim Program Location: Citywide
Responsible Staff Member: John Stark, Parks and Recreation Director Background: The City’s Parks and Recreation Department (City) and Lake Tahoe Unified School District (LTUSD) are partnering together to offer third grade students in in LTUSD free swim lessons that will be taught by City lifeguards at the Rec Center. The purpose of the Third Grade Swim Program is to promote water safety and provide access to all of these students to learn this critical life skill. The City and LTUSD agree to facilitate the Third Grade Swim Program to offer LTUSD Third Grade students four (4) days of free one-hour session group swim lessons at no cost to participants.

LTUSD shall require a parent or guardian of all of the participating students to sign the Third Grade Swim Lessons Program Waiver, Assumption of Risk, and Release of Liability Agreement included in the attached agreement.

Issue and Discussion: Staff recommends Council ratify the Agreement with LTUSD Third Grade Swim Program and authorize the City to offer this program at no cost to the participants.

Financial Implications: In-kind services include personnel from Parks and Recreation leading the programs at no cost to the participants. Rental fees are waived for LTUSD under the premise that this provides a service for Third Grade students to learn this critical life skill.

Environmental Considerations: The Third Grade Swim Program is categorically exempt from review under the California Environmental Quality Act (CEQA) because the program will allow for the normal operations of existing facilities for public gatherings for which the facilities were designed (CEQA Guidelines section 15323 – Normal Operations of Facilities for Public Gatherings).

Policy Implications: Strategic Plan Priorities supported by the Third Grade Swim Program includes:

2.2 Equitable Access: Promote equitable access to recreation for underserved, under-resourced populations and people with disabilities by implementing recreation programs for inclusion. Support active and healthy lifestyles and strive to develop parks in every neighborhood. Action Item 1: Create low-to no-cost recreation programs and access to recreation gear for qualified families to engage in outdoor recreation and education.

Action Item 2: Evaluate opportunities to expand partnerships to promote health and wellness, combat childhood obesity and encourage healthy lifestyles.
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Resolution 2025-XXX April 22, 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
April 22, 2025
Authorizing a Fee Waiver and Ratifying Agreement with LTUSD for the Third Grade Swim Program to be Offered at No Cost to the Participants

BACKGROUND
A. The City’s Parks and Recreation Department (City) and Lake Tahoe Unified School District (LTUSD) are partnering together to offer third grade students in in LTUSD free swim lessons that will be taught by City lifeguards at the Rec Center.

B. The purpose of the Third Grade Swim Program is to promote water safety and provide access to all of these students to learn this critical life skill.

C. The City and LTUSD agree to facilitate the Third Grade Swim Program to offer LTUSD Third Grade students four (4) days of free one-hour session group swim lessons at no cost to participants.

D. LTUSD shall require a parent or guardian of all of the participating students to sign the Third Grade Swim Lessons Program Waiver, Assumption of Risk, and Release of Liability Agreement included in the attached agreement.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Authorizes a fee waiver and ratifies the Agreement with LTUSD for the Third Grade Swim Program to be offered at no-cost to participants, which is attached hereto as Exhibit “A.” Adopted by the City of South Lake Tahoe City Council on April 22, 2025, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:10
Agenda Item: Revisions to City Personnel Rules
Executive Summary: The proposed resolution seeks to approve revisions to the City Personnel Rules, adopted on June 4, 1985, with the most recent revision date of February 4, 2003, to ensure legal compliance, meet operational needs, and align with the labor agreements when applicable. Since 2003, there have been changes in employment law and city practices that have rendered the existing rules outdated. The City has met and conferred with all labor groups in good faith, as required by the MeyersMilias-Brown Act (MMBA), to finalize these updates. The revised Personnel Rules primarily include procedural updates with no identifiable fiscal impact. However, a key change is replacing Section 10-8, which was previously used for both additional responsibility compensation and out-of-class compensation and required a 15 working day threshold to qualify, with two distinct sections: Sections 8- 6, F â€“ Out of Class Appointments, and Section 16-6 â€“ Compensation for Temporary Additional Responsibility. These sections clarify compensation for employees assuming higher-level duties during a temporary vacancy or pending a recruitment process. Out-Of-Class appointments will receive at least a 5% salary increase with no minimum day threshold, while the threshold for Temporary Additional Responsibility has been lowered from more than 15 consecutive working days to more than 6 consecutive working days for unrepresented employees, aligning with represented employees receiving similar benefits as outlined in their memorandum of understanding (MOU's). These adjustments are expected to add between $0 and $5,000 annually, depending on the operational needs of these sections and due to the lowered eligibility threshold and immediate compensation for out-of-class work. All other revisions are procedural with no identifiable fiscal impact.

Requested Action / Suggested Motions: Pass a Resolution approving the revised Personnel Rules as presented.

Responsible Staff Member: Ember Buckman, CGHR-CP, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report Revisions of City Personnel Rules.docx
02-Resolution Revisions of City Personnel Rules .docx
03 - City of South Lake Tahoe - Personnel Rules - Redline 2025.pdf 04 - City of South Lake Tahoe - Personnel Rules -(Exh A to Reso).pdf 190
Council Agenda Report April 22, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
April 22, 2025
Title: Revisions of City Personnel Rules
Location: Citywide
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager Background: The City of South Lake Tahoe’s Personnel Rules were adopted on June 4, 1985, with the most recent revision date noted as February 4, 2003. Over the past two decades, significant changes in employment law, workplace standards, and city operations have occurred, necessitating a comprehensive review and revision of these rules. The current Personnel Rules contain outdated provisions and lack alignment with legal requirements, labor agreements, and contemporary best practices. The proposed revisions aim to address these deficiencies to ensure that the City maintains a legally compliant and efficient personnel framework.

Issue and Discussion: The review process involved a comprehensive evaluation of the existing Personnel Rules conducted by the Human Resources Manager, the Assistant City Attorney, and outside legal counsel to identify necessary updates. Key objectives included ensuring compliance with current legal standards, aligning the rules with labor agreements, and modernizing procedural language to reflect the City’s current operational needs.

In compliance with the Meyers-Milias-Brown Act (MMBA), the City has engaged in good faith negotiations with all labor groups regarding the proposed revisions. This collaborative process ensured that the updates incorporate feedback from affected employees and align with existing bargaining agreements where applicable.

Summary of Changes: The majority of the revisions are procedural in nature and focus on updating language, clarifying processes, and ensuring legal compliance. These changes do not result in additional costs to the City. However, some revisions have a minimal financial impact:

Key Revisions with Fiscal Impact
1) Replacement of Section 10-8 – Temporary Additional Responsibility Compensation  Section 10-8 of the current Personnel Rules, which previously provided a general method of compensation for employees assuming additional responsibilities of a higherlevel position or working out of class, has been replaced by two distinct sections:
o Section 8-6, F – Out of Class Appointments
o Section 16-6 - Compensation for Temporary Additional Responsibility 191
Council Agenda Report April 22, 2025 Page 2 of 2
2) Section 8-6, F – Out of Class Appointments (New)
 This section establishes a structured method for compensating employees temporarily working in a vacant higher-level position pending an active recruitment.  Employees in this situation will receive compensation at the lowest step of the salary range for the vacant classification, ensuring a minimum 5% increase above their normal rate of pay.
 Subsequent Changes: unlike the previous policy under Section 10-8, the revision removes any day threshold requirements, allowing employees to receive compensation as soon as they begin working in an out of class assignment. 3) Section 16-6 – Compensation for Temporary Additional Responsibility (Revised)  This section revises the eligibility threshold for unrepresented employees assuming duties of a higher-level classification, reducing the required period from more than 15 consecutive working days to more than 6 consecutive working days.  Subsequent Changes: The intent of this revision is that when the City manager approves the assignment of temporary additional responsibility, such assignment shall be compensated at the higher level set forth in this section of the Personnel Rules in all instances, so long as the working days requirement has been met. This updated section aligns unrepresented employees’ benefits with those of represented employees, as outlined in Memoranda of Understanding (MOUs), ensuring fairness and consistency across all classifications.

All other changes are procedural with no identifiable additional financial obligations on the City.

The primary purpose of this revision is to bring the personnel Rules up to date and ensure full legal compliance with applicable laws and regulations.

Financial Implications: The only identifiable financial impact stems from the addition of Section 8-6, F and revisions to Section 16-6, as noted above, resulting in an estimated annual cost increase of approximately $0 - $5,000 based on operational needs of utilizing these sections. This amount is negligible within the City’s overall budget and requires no additional funding allocation at this time. All other revisions are cost-neutral.

Environmental Considerations: This action is not a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

Policy Implications: This action is consistent with applicable state and federal laws as well as contemporary best practices.
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Resolution 2025-XXX April 22, 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
April 22, 2025
Approving Revisions of the City Personnel Rules

BACKGROUND
A. The City Personnel Rules were adopted on June 4, 1985, with the most recent revision noted as February 4, 2003, and
B. To ensure that the Personnel Rules follow legal requirements, consistent with labor agreements, and contemporary best practices, a thorough review has been completed, and subsequent revisions have been made, and
C. The revisions are included in the City personnel Rules attached BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Approves the modifications to the City Personnel Rules (attached hereto as Exhibit A).

2. Authorizes and directs the City Manager to take all steps that are proper and necessary to implement this resolution.

Adopted by the City of South Lake Tahoe City Council on April 22, 2025, by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Mayor, Tamara Wallace
Attest:
____________________________
Susan Blankenship
City Clerk
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1 WELCOME TO THE ON-LINE EDITION OF THE PERSONNEL RULES

PLEASE READ
The Personnel Rules were originally written in 1985 and were not on computer. In putting them on-line for your access, please note that should there be any discrepancies between this on-line version and the master set of rules maintained in Human Resources, the master set takes precedent.

Since 1985, a few of the Rules have been updated through Council. Every effort has been made to ensure that all updates are incorporated into this version. However, in the event of a discrepancy, actual official records from the Clerks Office or from Human Resources will take precedent.

The Rules are currently under review and are being updated. It is a very long process. As updated Rules are approved by Council, they will be added to this version. If you have any question on a specific Rule, please do not hesitate to call Janet Steele, HR Manager at ext. 6052.

Most employees are covered under one of the City's Memorandum of Understandings as negotiated by the various associations. Your specific MOU takes precedent over these Personnel Rules. Each of the MOU's are also available on on these public foldersthe City Website .us. Please refer to them whenever seeking information from the Rules. If you have any questions in this regard, please call HR.

Some departments also have their own department policies. Remember to take those into consideration, as well.

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2 PERSONNEL RULES
City of South Lake Tahoe
Adopted June 4, 1985
Most Recent Revision Date: 2/4/03 10-8-2020- [INSERT NEW DATE] (all revisions are noted on Table of Contents)
NOTE: Certain sections of the Personnel Rules may be modified or superseded by the terms of Memoranda of Understanding in effect between the City and its recognized employee organizations.

Therefore, it is very important that the current Memoranda of Understanding be consulted when referring to these Personnel Rules so that you have the most accurate and timely information.

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3 CITY OF SOUTH LAKE TAHOE

PERSONNEL RULES AND REGULATIONS

TABLE OF CONTENTS
RULE I - ................................................................................................................................................... 91 DEFINITION OF TERMS ...................................................................................................................... 91 Section 1-1: ADVANCEMENT: ...................................................................................................... 91 Section 1-2: ALLOCATION: ........................................................................................................... 91 Section 1-3: ANNIVERSARY DATE: ........................................................................................... 91 Section 1-4: APPOINTING AUTHORITY: ................................................................................... 91 Section 1-5: BASE ANNIVERSARY DATE: ............................................................................... 91 Section 1-6: BONA FIDE OCCUPATIONAL QUALIFICATION: .......................................... 91 Section 1-7: CERTIFICATION: ...................................................................................................... 91 Section 1-8: CITY: ............................................................................................................................. 91 Section 1-9: CLASS: .......................................................................................................................... 91 Section 1-10:COMPETITIVE SERVICE: ....................................................................................... 91 Section 1-11:CONFIDENTIAL EMPLOYEE: ............................................................................. 101 Section 1-12:CONTINUOUS SERVICE: ...................................................................................... 102 Section 1-13:COUNCIL: .................................................................................................................. 102 Section 1-14:DAY: ............................................................................................................................ 102 Section 1-15:DEMOTION: .............................................................................................................. 102 Section 1-16:DISCIPLINARY ACTION: ...................................................................................... 102 Section 1-17:DISCHARGE: ............................................................................................................ 102 Section 1-18:ELECTED OFFICIAL: .............................................. Error! Bookmark not defined.2 Section 1-19:ELIGIBLE: .................................................................................................................. 102 Section 1-20:EMPLOYEE: .............................................................................................................. 102 Section 1-21:EMPLOYEE ORGANIZATION: ............................................................................ 102 Section 1-22:EMPLOYEE RELATIONS OFFICER: .................................................................. 112 Section 1-23:EMPLOYEE RELATIONS: ..................................................................................... 113 Section 1-24:EMPLOYMENT LIST: ............................................................................................. 113 Section 1-25:EVALUATION: ......................................................................................................... 113 Section 1-26:EXAMINATION: ...................................................................................................... 113 Section 1-27: ......................................................................................................................... EXEMPTPOSITIONS:123 Section 1-28:LAYOFF: .................................................................................................................... 124 Section 1-29:MANAGEMENT EMPLOYEE: ................................................................................ 14 Section 1-30: PART-TIME EMPLOYEE: ........................................................................................ 14 Section 1-31: PERMANENT EMPLOYEE: .................................................................................... 14 Section 1-32: PERSONNEL OFFICER: ........................................................................................... 14 Section 1-33: POLICE RESERVES: ................................................................................................. 14 Section 1-34: POSITION CLASSIFICATION PLAN: ................................................................... 14 Section 1-35: .......................................................................................................... PROBATIONARY PERIOD: 14
Section 1-36: PROFESSIONAL EMPLOYEE ................................................................................ 14 : 14
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4 Section 1-37: PROMOTION: ............................................................................................................. 14 Section 1-38: PROVISIONAL APPOINTMENT: ........................................................................... 14 Section 1-39:RECLASSIFICATION: .............................................................................................. 15 Section 1-40:REINSTATEMENT: ................................................................................................... 15 Section 1-41:RESERVE FIREFIGHTER: ....................................................................................... 25 Section 1-42: SAFETY MEMBER: ................................................................................................... 25 Section 1-43: SALARY RANGE: ...................................................................................................... 25 Section 1-44: SEPARATION: ............................................................................................................ 25 Section 1-45: SERVICE YEAR: ........................................................................................................ 25 Section 1-46: SUPERVISORY EMPLOYEE: ................................................................................. 25 Section 1-47: SUSPENSION: ............................................................................................................. 25 Section 1-48:TEMPORARY EMPLOYEE: .................................................................................... 25 Section 1-49:TRANSFER: ................................................................................................................. 35 Section 1-50:VACANCY: .................................................................................................................. 36 Section 1-51:VALIDATED TEST: ................................................................................................... 36 Section 1-52:VOLUNTARY REDUCTION: .................................................................................. 36 Section 1-53:WORK WEEK: ............................................................................................................ 36 RULE II - ................................................................................................................................................. 67 GENERAL PROVISIONS ..................................................................................................................... 67 Section 2-1: ADOPTION OF PERSONNEL SYSTEM ............................................................... 67 Section 2-2: PERSONNEL OFFICER: ........................................................................................... 67 Section 2-3: 88
CONTENT OF RULES: ....................................................................................................................... 8 Section 2-4: AMENDMENTS AND REVISIONS OF RULES:Error! Bookmark not defined.8 Section 2-5: DEPARTMENTAL RULES: ................................................................................... 109 Section 2-6: APPLICATION OF RULES — MEMORANDA OF UNDERSTANDING: ... 109 Section 2-7: SEVERABILITY: ...................................................................................................... 109 RULE III -– CLASSIFICATION ....................................................................................................... 1110 Section 3-1: PREPARATION OF PLAN: .................................................................................. 1110 Section 3-2: APPLICATION OF PLAN: ..................................... Error! Bookmark not defined.10 Section 3-3: ADOPTION, AMENDMENT, AND REVISION OF PLAN: ..... Error! Bookmark not defined.10
Section 3-4: ALLOCATION OF POSITIONS: ............................................................................. 11 Section 3-5: NEW POSITIONS: .................................................................................................. 1211 Section 3-6: RECLASSIFICATION: .......................................................................................... 1211 Section 3-7: INTERPRETATION OF CLASS SPECIFICATIONS: ..................................... 1211 Section 3-8: TEMPORARILY WORKING OUT OF CLASS:Error! Bookmark not defined.12 RULE IV -– ANNOUNCEMENT AND APPLICATIONS .......................................................... 1413 Section 4-1: ANNOUNCEMENT: ............................................................................................... 1413 Section 4-2: APPLICATION FORMS: ....................................................................................... 1413 Section 4-3: DISQUALIFICATION:........................................................................................... 1413 RULE V -– FAIR EMPLOYMENT PRACTICES ......................................................................... 1615 Section 5-1: FAIR EMPLOYMENT PRACTICES: .................................................................. 1615 Section 5-2: EQUAL EMPLOYMENT OPPORTUNITY POLICY: ..................................... 1615 Section 5-3: REASONABLE ACCOMMODATIONS: ........................................................... 1615 Section 5-4: POLICY AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION: .................................................................................................................................. 16 197
5 Section 5-5: RETALIATION: ....................................................... Error! Bookmark not defined.16 Section 5-6: REPORTING AND INVESTIGATION PROCEDURES: ................................ 1817 Section 5-7: VIOLATIONS: ......................................................................................................... 2017 Section 5-8: DISSEMINATION OF RULE: .............................................................................. 2017 RULE VI -– EXAMINATION ........................................................................................................... 2118 Section 6-1: NATURE AND TYPES OF EXAMINATIONS: ................................................ 2118 Section 6-2: PROMOTIONAL EXAMINATION: .................................................................... 2118 Section 6-3: CONTINUOUS EXAMINATION: ....................................................................... 2118 Section 6-4: SCORING EXAMINATIONS AND QUALIFYING SCORES: ...................... 2118 Section 6-5: NOTIFICATION OF EXAMINATION RESULTS: .......................................... 2218 Section 6-6: REVIEW OF PAPERS: ........................................................................................... 2219 RULE VII - .......................................................................................................................................... 2320 EMPLOYMENT LISTS ...................................................................................................................... 2320 Section 7-1: EMPLOYMENT LISTS: ........................................................................................ 2320 Section 7-2 DURATION OF LISTS: ......................................................................................... 2320 Section 7-3: RE-EMPLOYMENT/REINSTATEMENT LISTS: ............................................. 2321 Section 7-4: REINSTATEMENT LISTS: ................................................................................... 2421 Section 7-5: REMOVAL OF NAMES FROM LIST: ............................................................... 2421 RULE VIII - ......................................................................................................................................... 2622 METHOD OF FILLING VACANCIES ........................................................................................... 2622 Section 8-1: TYPES OF APPOINTMENT: ................................................................................ 2622 Section 8-2: NOTICE TO PERSONNEL OFFICER: ............................................................... 2622 Section 8-3: APPOINTMENT: ..................................................................................................... 2622 Section 8-4: APPOINTMENT OF SAFETY MEMBERS: ...................................................... 2723 Section 8-5: PROVISIONAL APPOINTMENT: ....................................................................... 2723 Section 8-6: APPOINTMENTS OF TEMPORARY EMPLOYEES: ..................................... 2823 Section 8-7: ANTI-NEPOTISM: .................................................................................................. 2923 Section 8-8: OCCUPATION OF CITY COUNCIL SEAT BY CITY EMPLOYEES: ........ 2924 Section 8-9: CONTRACT FOR SPECIAL SERVICES: .......................................................... 3024 Section 8-10:PHYSICAL EXAMINATION: .............................................................................. 3124 RULE IX -– TRANSFER, PROMOTION, REINSTATEMENT, ............................................... 3727 LAYOFF, RESIGNATION, RETIREMENT, AND VOLUNTARY REDUCTION ................ 3727 Section 9-1: TRANSFER: ............................................................................................................. 3727 Section 9-3: REINSTATEMENT: ............................................................................................... 3727 Section 9-4: LAYOFF: .................................................................................................................. 3928 Section 9-5: ABOLITION OF POSITION: ................................................................................ 4730 Section 9-6: RESIGNATION: ...................................................................................................... 4730 Section 9-7: RETIREMENT: ........................................................................................................ 4730 Section 9-8: VOLUNTARY REDUCTION: .............................................................................. 4831 Section 9-9: AT-WILL EMPLOYMENT: .................................................................................. 4831 RULE X - ROSTER CARD: .............................................................................................................. 4932 Section 10-2: PERSONNEL ACTIONS: ...................................................................................... 4932 Section 10-3: ABSENCE REPORT: .............................................................................................. 4932 Section 10-4: EMPLOYEE PERFORMANCE EVALUATION: ............................................ 4932 Section 10-5: PERSONNEL RECORDS AND FORMS: ........................................................... 5533 RULE XI -– EMPLOYEE EXPECTATIONS AND CONFLICTS OF INTERESTS ............... 5634 198
6 Section 11-1: GENERAL POLICY: .............................................................................................. 5634 Section 11-2: EMPLOYEE EXPECTATIONS: ........................................................................... 5634 Section 11-3: GIFTS ON BEHALF OF THE CITY: .................................................................. 5735 Section 11-4: USE OF PUBLIC PROPERTY: .............................................................................. 5735 Section 11-5: POLITICAL ACTIVITIES: .................................................................................... 5735 Section 11-6: OUTSIDE EMPLOYMENT: ................................................................................. 5735 RULE XII -– DRUG FREE AND ALCOHOL FREE WORKPLACE .......... Error! Bookmark not defined.37
Section 12-1: POLICY OBJECTIVE: ............................................ Error! Bookmark not defined.37 Section 12-2: APPLICABILITY: .................................................... Error! Bookmark not defined.37 Section 12-3: PROHIBITED SUBSTANCES: .............................. Error! Bookmark not defined.37 Section 12-4: PROHIBITED CONDUCT: .................................... Error! Bookmark not defined.38 Section 12-5: PRE-EMPLOYMENT TESTING:.......................... Error! Bookmark not defined.40 Section 12-6: REASONABLE SUSPICION TESTING: ............. Error! Bookmark not defined.40 Section 12-7: DEPARTMENT OF TRANSPORTATION TESTING FOR SAFETY SENSITIVE POSITIONS:
...................................................................................... Error! Bookmark not defined.41 Section 12-8: SEARCHES ............................................................... Error! Bookmark not defined.42 Section 12-9: EMPLOYEE ASSISTANCE: .................................. Error! Bookmark not defined.42 Section 12-10: CONFIDENTIALITY: ............................................. Error! Bookmark not defined.42 Section 12-11: CONVICTION OF A DRUG STATUTE: ............ Error! Bookmark not defined.43 Section 12-12: VIOLATIONS OF THIS POLICY: ........................ Error! Bookmark not defined.43 RULE XIII -– COMPENSATION .................................................................................................... 6044 Section 13-1: PREPARATION OF PLAN: .................................................................................. 6044 Section 13-2: ADOPTION OF PLAN: .......................................................................................... 6044 Section 13-3: PROCEDURE TO RECEIVE COMPENSATION: ............................................ 6044 Section 13-4: APPLICATION OF RATES: ................................................................................. 6044 Section 13-5: SALARY CHANGES: ............................................................................................ 6044 Section 13-6:OVERTIME: ............................................................................................................. 6245 Section 13-7:REIMBURSEMENT FOR DAMAGED CLOTHING OR EQUIPMENT: ..... 6746 Section 13-7: PUBLIC EMPLOYEES'’ RETIREMENT SYSTEM (PERS): .......................... 6847 Section 13-8:DEFERRED COMPENSATION: .......................................................................... 6947 RULE XIV -– PROBATIONARY PERIOD .................................................................................... 7148 Section 14-1:OBJECTIVE OF PROBATIONARY PERIOD: .................................................. 7148 Section 14-2: PROBATIONARY PERIOD FOR REGULAR AND PROMOTION APPOINTMENT: ............................................................................................................................. 7148 Section 14-3:REJECTION OF PROBATIONER: ...................................................................... 7249 RULE XV -– ATTENDANCE AND LEAVES .............................................................................. 7350 Section 15-1:VACATION LEAVE: ............................................................................................. 7350 Section 15-2: SICK LEAVE: .......................................................................................................... 7652 Section 15-3:LEAVE FOR WORK RELATED INJURY OR ILLNESS: .............................. 8555 Section 15-4:WORKERS’ COMPENSATION: ......................................................................... 8656 Section 15-5:MILITARY LEAVE: ............................................................................................... 8656 Section 15-6:LEAVE OF ABSENCE WITHOUT PAY: .......................................................... 8756 Section 15-7: PREGNANCY DISABILITY LEAVE: ................................................................ 8857 Section 15-8:JURY AND WITNESS LEAVE: .......................................................................... 8957 Section 15-9:OFFICIAL CITY HOLIDAYS: ............................................................................. 9057 199
7 Section 15-10: .......................................................................................................................................... :

WEEKENDS: ................................................................................................................................... 9158 Section 15-11: ........................................................................ PROVISIONAL AND TEMPORARY EMPLOYEES: .................................................................................................................................. 9158 RULE XVI -– DISCIPLINARY ACTION ....................................................................................... 9259 Section 16-1:A. DISCIPLINARY ACTION: .............................................................................. 9259 RULE XVII -– OFF-DUTY EMPLOYMENT .............................................................................. 10065 Section 17-1:CONDITIONS: ....................................................................................................... 10065 Section 17-2:REQUEST TO PURSUE OFF-DUTY EMPLOYMENT: ............................... 10166 Section 17-3:REVOCATION OF APPROVAL TO PURSUE OFF-DUTY EMPLOYMENT:
10166
RULE XVIII -– GRANT FUNDED POSITIONS AND EMPLOYMENT CONDITIONS ... 10368 Section 18-1:GRANT FUNDED POSITIONS: ........................................................................ 10368 Section 18-2: FILLING GRANT FUNDED POSITIONS: ...................................................... 10368 Section 18-3:GRANT FUND EMPLOYEE RIGHTS AND PRIVILEGES: ........................ 10368 RULE XIX -– EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS ......................... 10469 Section 19-1: STATEMENT OF PURPOSE: ............................................................................. 10469 Section 19-2:DEFINITIONS: ...................................................................................................... 10469 Section 19-3:EMPLOYEE RIGHTS: ......................................................................................... 10672 Section 19-4:CITY RIGHTS: ...................................................................................................... 10672 Section 19-5:NEGOTIATIONS: ................................................................................................. 10672 Section 19-6: SCOPE OF CONSULTATION IN GOOD FAITH: ......................................... 10672 Section 19-7:ESTABLISHMENT OF REPRESENTATION UNITS: .................................. 10773 Section 19-8: CERTIFICATION AND DECERTIFICATION OF A RECOGNIZED EMPLOYEE ORGANIZATION: ................................................................................................. 10774 Section 19-10: ......................................................................................................................... CLOSED SESSIONS: 11179
Section 19-11: ......................................................................................................................... IMPASSE PROCEDURES: ............................................................................................................................. 11179 Section 19-12: UNFAIR EMPLOYEE RELATIONS PRACTICES: .................................... 11179 Section 19-13:

GRIEVANCE: ........................................................................................................ 11281 Section 19-14: ADVANCE NOTICE TO RECOGNIZED EMPLOYEE ORGANIZATIONS:
11381
Section 19-15: ATTENDANCE AT MEETINGS BY EMPLOYEES: ................................ 11381 Section 19-16: USE OF CITY FACILITIES: ............................................................................ 11382 Section 19-17: ADMINISTRATION: ......................................................................................... 11482 Section 19-18: JOB ACTIONS: .................................................................................................. 11482 Section 19-19: CONSTRUCTION: ........................................................................................... 11483 Section 19-20: SEPARABILITY: ............................................................................................... 11483 RULE XX -– TRAINING AND SAFETY ..................................................................................... 11584 Section 20-1: ................................................................................................ RESPONSIBILITY FOR TRAINING: 11584
Section 20-2: ................................................................................................................... CREDIT FOR TRAINING: 11584
Section 20-3: ................................................................................................................ PAYMENT OF TUITION: 11584
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8 RULE XXII -– GRIEVANCES ....................................................................................................... 11786 Section 21-1: GRIEVANCES: ..................................................................................................... 11786

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9 RULE I -

DEFINITION OF TERMS
Section 1-1: ADVANCEMENT:. A pay increase within the limits of a pay range established for a class or classification. AFFIRMATIVE ACTION: Policies and procedures adopted to assure equal employment opportunity for all persons.

Section 1-2: ALLOCATION.: The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.

Section 1-3: ANNIVERSARY DATE.: The date a merit increase or administrative decrease in salary is effective as a result of hiring, reclassification, promotion, or demotion (see base anniversary date).

Section 1-4: APPOINTING AUTHORITY.: The position responsible for hiring, firing, direction of work, scheduling, and supervision of work for each position, normally the head of a department unless otherwise designated by the City Manager.

Section 1-5: BASE ANNIVERSARY DATE.: The date of first appointment to a permanent regular position within the City service upon which seniority and retirement eligibility are based. In most cases, such appointment would be probationary.

Section 1-6: BONA FIDE OCCUPATIONAL QUALIFICATION.: A job relatedjob-related requirement for holding an established position.

Section 1-7: CERTIFICATION.: The act of providing formal written verification of eligibility for employment.

Section 1-8: CITY.: The City of South Lake Tahoe.

Section 1-9: CLASS.: All positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title, and for which similar qualifications may be required and a salary applied equitably.

Section 1-10: COMPETITIVE SERVICE.: The competitive service shall include Aall positions in the City except: exclusive of: elective positionsofficers; persons engaged under contract to supply expert, professional, technical consultation, or other services; the City Manager; the City Attorney; Department Heads; emergency employees hired to meet immediate requirements of an emergency condition (i.e.: fire, flood, or earthquake); members of appointive boards commissions, and committees; volunteer personnel, including but not limited to reserve firefighters and reserve police officers; temporary employees; and those specifically designated by the City Council to be exempted from competitive service. The competitive service is also referred to in these rules as the “merit system” or “merit system service.”
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10 Section 1-11: -1-
CONFIDENTIAL EMPLOYEE: .

An employee who is privy to the decision of City Government affecting employer/employee relations, to the instructions of the City Manager or the City Council to their representatives in employer/employee relations, or who may be assigned to participate as management representatives from time to time in negotiation meetings between employee organization representatives and City representatives.

Section 1-12: CONTINUOUS SERVICE.: Employment with the City without break or interruption excluding authorized vacation, military leave, or leaves of absence with or without pay which are approved or ordered by the appointing authority.

Section 1-13: COUNCIL: . The City Council of the City of South Lake Tahoe.

Section 1-14: DAY: . Calendar day.

Section 1-15: DEMOTION.: The movement of an employee from one class to another having a lower maximum rate of pay, or from one step in the salary range to a lower step in the salary range.

Voluntary reductions are not considered demotions.

Section 1-16: DISCIPLINARY ACTION.: Disciplinary action may include a written reprimand, suspension, demotion, reduction in pay, or an involuntary dismissal of an employee.

Section 1-17:

Section 1-16: DISCHARGE: . The termination from service for just cause of an employee by the appointing authority.

Section 1-17:

Section 1-18: ELECTED OFFICIAL. A person who won a City office in a free election, or a person who was appointed to fill a vacancy in a City elected office.

Section 1-19: ELIGIBLE. : A person whose name is on a current employment list, established by the Personnel Officer.

Section 1-20: Section 1-18: EMPLOYEE: . Any person employed by the City, whether male or female. The term “employee” does not include, except those elected by popular vote (Elected Officials) or appointed by the Council to advisory boards and commissions. The use of masculine pronouns or other masculine terms shall include females. Also, the use of feminine terms shall include males.

Section 1-21: EMPLOYEE ORGANIZATION.: Any lawful organization which includes as members, employees of the City, and which has as one of its purposes representation of such Section 1-112:

Section 1-13:
203
11 employees in their relations with the City; provided, however, that said organization has no restriction on membership based on race, color, creed, sex, or national origin.

Section 1-22: EMPLOYEE RELATIONS OFFICER.: A designate of the City Manager who shall be the City'’s representative in such employer/employee relations matters as the City Manager shall delegate to him/herthem, including the administration of this section.

Section 1-23: EMPLOYEE RELATIONS.: The relationship between the City and its employees and their employee organizations, or when used in a general sense, the relationship between management and employees or employee organizations.

Section 1-24: EMPLOYMENT LIST: . A list of persons who are eligible for appointment to positions with the City. Employment lists may take the form of:

A. Open Employment List: A list of persons who have taken an open competitive examination for a specific class in the competitive service and have qualified to be considered for appointment to an available position in that classification.

B. Promotional Employment List: A list of employees who have taken a promotional examination for a specific class in the competitive service and have qualified to be considered for appointment to an available position in that classification.

C. Re-employment List: A list of names of persons previously employed by the City and either laid off or resigned in accordance with these rules.

Section 1-235: EVALUATION.: A written report of performance and capability of meeting duties assigned to a specific position, prepared in accordance with these rules by the appointing authority or his/her designee.

Section 1-246: EXAMINATION.: The process of recruiting for the appointment of employees to City positions within the competitive service. Types of examinations include:

A. Open Competitive Examination: An examination for a particular class which is open to all persons meeting the qualifications for the class.

B. A Promotional Examination: An examination for a particular class which requires that only permanent and/or probationaryregular employees in the competitive service who meet the qualifications for the class may be considered.

B.
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12 C. A Continuous Examination: An open competitive examination administered periodically which results in names being placed on an employment list in the order of final score.

Section 1-27: EXEMPT-POSITIONSGENERAL SERVICE.: Positions of employment that are excluded from the competitive service will be referred to as being in the general service. The general service does not include elected officials, independent contractors, or volunteers. designated by the City Council as Department Heads, Management, Administrative or Supervisory, unless otherwise provided by these rules or applicable Memoranda of Understanding.

Section 1-28: LAYOFF.: Separation of an employee from employment with the City Service, without prejudice, because of lack of work, lack of funds, reorganization, reduction in appropriation, abolition of position, or other reason(s) deemed appropriate by the City Council. -3-
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1 Section 1-279: MANAGEMENT EMPLOYEE.: Any employee having significant responsibilities for formulating and administering City policies and programs and having responsibility for directing the work of subordinates through lower level supervision.

Section 1-2830: PART-TIME EMPLOYEE.: An employee who works a regular shift consisting of less than forty (40) hours per week.

Section 1-2931: PERMANENT EMPLOYEE.: An employee, who may be full or part-time, who has successfully completed the probationary period and is filling a n authorized regular position established by the Council and provided for in the annual salary resolution.

Section 1-302: PERSONNEL OFFICER.: The Personnel DirectoCity Manager or designee, unless otherwise designated by the City Council.

Section 1-31:3: POLICE RESERVES.: A volunteer Police Officer who provides supplemental resources to the Police Department.

Section 1-324: POSITION CLASSIFICATION PLAN.: A schedule of classification descriptions setting forth minimum requirements and qualifications for appointment to a vacant position.

Section 1-35: PROBATIONARY PERIOD.: An extension of the recruitment process during which an employee appointed to a position in the merit system is required to demonstrate an ability to satisfactorily perform the duties for the position to which appointment has been made.

Section 1-36: PROFESSIONAL EMPLOYEE. : Employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to: attorneys, engineers, architects, and the various types of physical, chemical, and biological scientists.

Section 1-37: PROMOTION.: The movement of an employee from one class to another having a higher maximum rate of pay and responsibility.

Section 1-38: PROVISIONAL APPOINTMENT.: An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of an appropriate employment list as provided for in these rules.

Section 1-379: RECLASSIFICATION.: The reassignment of a position by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level as measured by a change in the kind, difficulty, and responsibility of the work performed. Movement within a class is considered to be a reclassification.

Section 1-40: REEMPLOYMENT. The return to employment with the City of an individual who was laid off from City service. Individuals eligible for reemployment will have their names included on a reemployment list that is created in conjunction with the reduction in force that 206
2 resulted in their separation from City employment. A reemployed individual may be on or more reemployment lists if they have service in multiple job classifications.

Section 1-41: REGULAR EMPLOYEE. An employee in a regular budgeted position who is not employed on as-needed basis (e.g., part-time hourly employees) or for a temporary or limited duration. Regular employees may be full-time or part-time. Regular employees may be in the general service or the competitive service. Regular employees in the competitive service must complete a probationary period as provided in these rules.

Section 1-402: REINSTATEMENT.:

Re-employment without examination of a former permanent or probationaryregular employee who has resigned from City employeeor has been laid off, within one year from date of separation unless otherwise provided by these rules or applicable Memoranda of Understanding.

Section 1-41338: RESERVE FIREFIGHTER.: A volunteer firefighter who provides supplemental resources to the Fire Department.

Section 1-394234: SAFETY MEMBER.: An employee of the Fire or Police Departments who is sworn and meets the requirements set forth by PERS for safety member eligibility.

Section 1-4345: SALARY RANGE.: The minimum, maximum and intermediate salary steps that are assigned to a class and the positions within that class.

Section 1-44560: SEPARATION.: Any termination of employment, including death, discharge, lay-off, resignation, retirement, or work completion.

Section 1-4567: SERVICE YEAR.: One year from the date of hire. Every year from that date will be considered another “"service year".”
Section 1-41678: SUPERVISORY EMPLOYEE.: Any employee having authority to exercise independent judgment in the interest of the City to hire, transfer, suspend, lay off, reinstate, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment.

Section 1-42789: SUSPENSION.: Removal from service with or without pay for a limited period as determined by the appointing authority.

Section 1-438950: TEMPORARY EMPLOYEE.: An employee appointed to fill a position which is identified as temporary, extra help, intermittent, on-call, or seasonal in nature and not an appointment to an permanent authorized regular position. A temporary employee also includes Short short term employment of 2080 hours or less during a twenty-four (24) month period, and 207
3 necessitated by temporary or emergency needs, special programs, or unusual work conditions. The appointment may be part-time or full-time. Temporary employees are not eligible to receive and those benefits of employment authorized for permanent regular positions. do not apply.

Section 1-449510: TRANSFER.: An appointment from one position to another in the same or in a comparable class.

Section 1-5012: VACANCY.: An authorized position that is not occupied.

Section 1-45512: VALIDATED TEST.: A test which has been measured against job requirements and duties performed on the job.

Section 1-46523: VOLUNTARY REDUCTIONDEMOTION.: The movement of an employee, with consent of the appointing authority and Personnel Director, from one class to another having a lower maximum rate of pay and lesser requirements of responsibilities.

Employees voluntarily reducing from one class to another must possess the minimum or desirable qualifications established for that particular class.

Section 1-47534: WORK WEEKSCHEDULE.: Those hours during a calendar week designated as the hours to be worked by an employee.
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4 209
5 -5-
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6 RULE II
- GENERAL PROVISIONS
Section 2-1: ADOPTION OF PERSONNEL SYSTEM
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees, both in the competitive service and the general service, will be based on merit and fitness, and to provide a reasonable degree of security for qualified employees, the City Council hereby adopts the rules and regulations set forth herein.

Section 2-2: PERSONNEL OFFICER:

The Personnel Director, unless otherwise designated by the City Council shall:Officer or designee shall:

A. Administer all the provisions of the personnel rules not specifically reserved to the City Council, City Manager, or Department Heads.

B. Prepare and recommend to the City Council personnel rules, revisions, and amendments to such rules. The City Attorney shall approve the legality of such rules and amendments prior to their submission to the City Council.

C. Prepare, or cause to be prepared, a position classification plan, including class specifications and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the Council.

D. Prepare, or cause to be prepared, a plan of compensation covering all employees.

The plan, and any revisions thereof, shall become effective upon adoption by the Council.

E. Provide for the publishing or posting of notices of tests for City positions in the competitive service, the receiving of applications thereof, the conducting and grading of tests, and the certification to the appointing power of a list of all persons eligible for appointment to City positions. the appropriate position in the competitive service.

F. Administer and enforce the Affirmative Action Program for the City.

F. Maintain a current system of personnel records, forms, and systems for the implementation of these personnel rules and regulations.

SECTION 2-3: FAIR EMPLOYMENT:

No question in any test or any application form shall be so framed as to attempt to elicit information concerning race, sex, color, ancestry, national origin, marital status, number of 211
7 dependents, or political or religious opinion or affiliation of an applicant with the exception of State of Federal mandated applications. Any decision concerning appointment or removal from a position, salary, fringe benefits, promotion or other working conditions shall not be influenced in any manner by consideration of race, color, sex, ancestry, national origin, marital status, number of dependents, or political or religious opinion or affiliation. Notices of all openings for authorized positions shall be posted on all official bulletin board not less than ten (10) working days before closing of applications for such positions. All announcements for position openings shall include notice of compliance with fair employment standards. An affirmative action program shall be maintained on a continuing basis to assure equal employment opportunity in the City service.

Section 2-34: VIOLATION OF RULES:

Each appointment appointing authority and each employee is responsible for compliance with these ruldes. Violation of these rules shall be grounds for rejection of application, removal from an employment list, dismissal, or other disciplinary action deemed appropriate under these rules and regulations.

212
8 Section 2-4: CONTENT OF RULES:

The rules shall establish regulations governing the personnel system, including but not limited to, the following:

A. Preparation, implementation, revision, and maintenance of a position classification plan governing all City positions in the competitive service, including employment standards and qualifications for each class.

B. Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class.

C. Announcements of all open tests and acceptance of applications for employment as provided in Section 4.

D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment.

E. Certification and appointment of persons from employment lists and appointments of provisional, temporary, and emergency personnel.

F. Evaluation of employees during the probationary period.

G. Transfer, promotion, demotion, reinstatement, disciplinary action, layoff, and separation of employees.

H. Standardization of hours of work and attendance and leave regulation, working conditions, and the development of employee morale.

I. The establishment of adequate personnel records.

J. The establishment of grievance and appeal procedures.

K. Rules governing employer/employee organizations as provided by statute.

L. Safety and training.

M. Affirmative action program administration and enforcement.

Section 2-56: AMENDMENTS AND REVISIONS OF RULES:

These Rules shall be established by resolution adopted by the City Council. Proposed Aamendments and/or revisions to these Rules shall be submitted may be suggested to the City 213
9 Council in writing by by any interested party and shall be submitted to the Council through the Personnel Officer. Proposed amendments or revisions to these rules shall be provided to all recognized employee organizations as required by applicable lawand posted on official bulletin boards for at least ten (10) consecutive working days prior to consideration by the Council. In the event of a personnel emergency, as declared by the City Council, these time requirements may be waived by the City Council. Provided, however, that in the event a personnel emergency is declared and rules are adopted, that the Personnel Officer shall provide the adopted amendments and revisions to these rules to all recognized employee organizations as soon as possible after action by the City Council. At the time of consideration, any interested party may appear and be heard. . Amendments and revisions shall become effective upon adoption by the City Council.

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10 Section 2-6: DEPARTMENTAL RULES:

These rules may be augmented by personnel rules and regulations found to be required by the separate departments for the full performance of duties and responsibilities. Such rules and regulations, prior to adoption, amendment and enforcement, shall be subject to the following requirements:

A. Not conflict with these rules or City ordinances or resolutions for amendments thereto;
A.

B. Be prepared in writing and submitted to the Personnel Officer and City Attorney for review and approval prior to adoption;
C. Except in cases of emergency, Bbe circulated to any appropriate recognized employee organization in writing, not less than ten (10) working days prior to adoption;
D. Except in cases of emergency, Bbe posted and/or distributed in writing to each affected employee not less than ten (10) working days prior to adoption.

Section 2-7: APPLICATION OF RULES — MEMORANDA OF UNDERSTANDING:

In the event provisions of these rules or departmental rules contradict those included in Memoranda of Understanding accepted by the City and currently in effect between the City and formally recognized employee organizations, the terms of the Memoranda of Understanding shall prevail.

Section 2-87: SEVERABILITY:

If any provision of these Rules is held invalid, then the remainder of these rules and there application shall not be affected.
-8-

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11 RULE III -

CLASSIFICATION
Section 3-1: PREPARATION OF PLAN:

The Personnel Officer shall ascertain and record the duties and shall recommend a Position Cclassification Pplan for all City positions. employees. In so doing, the Personnel Officer may consult with department heads and employees. The Position Cclassification plan Plan shall consist of specifications for each positionclassification, including the title and minimum or desirable requirements and qualifications for appointment. The Position Cclassification pPlan shall be developed and maintained so that all positions which are substantially similar with respect to duties, responsibilities, authority, and character of work are included in the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positions in the same class.

The provisions of this section shall apply to all officers, positions, and employees except:

A. City Manager;
B. City Attorney;
C. Elective officers;
D. Members of appointive boards, commissions, and committees; E. Volunteer personnel including, but not limited to, reserve firefighters and reserve police officers;
F. Persons engaged under contract to supply expert, professional, technical consultation, or other services;
A. G. Emergency employees hired to meet immediate requirements of an emergency condition such as extraordinary storms, fire, flood, or earthquake; H. Employees, who are temporary.

Section 3-2: ADOPTION, AMENDMENT, AND REVISION OF PLAN
The Position classification Classification plan Plan shall be adopted and may be amended or revised, as necessary, by resolution of the City Council. Proposed Amendments amendments and revisions of ato the Position Classification Pplan shall be submitted to the City Council in writing by the Personnel Officer. Proposed amendments to the Position Classification Plan shall be provided to all recognized employee organizations as required by applicable law. Amendments and revisions shall become effective upon adoption by the City Council. may be suggested by any interested party after notice to the Personnel Office. Notice of Council consideration of the proposed classification plan, amendments or revisions shall be given to all recognized employee organizations and posted on official City bulletin boards at least 10 working days prior to Council considerations. At the time of consideration, any interested party may appear and be heard.

Section 3-3: ALLOCATION OF POSITIONS
216
12 The number of permanent regular positions and the classification of such permanent regular positions allowed within each department shall be established by resolution of the Council and may be reflected in the Position Classification Plan.

Section 3-4: NEW POSITIONS
Whenever a new position is allocated, the Personnel Officer shall notify the appointing authority when the position may be filled. Except as otherwise provided herein, no appointment shall be made for such new position until the Finance Officer has confirmed that funds are available.

Section 3-5 RECLASSIFICATION
In the event duties for a position change significantly from the classification description, the Personnel Officer shall allocate the position to a more appropriate class. Reclassification shall not be used for the purpose of avoiding regulations concerning demotions and promotions.

Section 3-6: INTERPRETATION OF CLASS SPECIFICATIONS:

The following principles shall be applied when interpreting specifications for the various classes of positions:

A. The specifications are descriptive only and are not restrictive. They are intended to indicate the kinds of positions that should be allocated to the respective classes as determined by their duties, responsibilities and qualification requirements. Use of a particular expression or illustration shall not be held to exclude others not mentioned if such others are similar in kind or quality.

B. In determining the class to which any position should be allocated, the specification shall be considered as a whole. Consideration is to be given to the general duties, the specific tasks, the responsibilities, the minimum qualifications and the relationships to other classes in order to obtain an inclusive picture of the kinds of positions that the class is intended to include.

C. The duties statement shall be construed as a general description of a kind of work usually performed by the incumbent of a position that is properly allocated to the class, and not as prescribing what the duties of any position shall be, nor as limiting the expressed or implied power of the authority now or hereafter vested with the right to prescribe or alter the duties of any position.

D. The typical tasks shall be construed as examples only, illustrative of the duties as outlined by the general statement. These examples are not intended to be complete or exclusive and the fact that the actual task performed by the incumbent of a position does not appear therein shall not be taken to mean that the position is necessarily excluded from the class, provided that the tasks constituting the main work or employment are duly covered by the general statement of duties. On the other hand, any one example of a typical task without relation to the general 217
13 statement of duties and all other parts of the specifications shall not be construed as determining whether a position should be allocated to the class.

E. The statement of minimum qualifications constitutes a part of the description of the kind of employment included within the class, and expresses the minimum and any additional desirable qualifications expected of an appointee. Such personal character qualifications as honesty, sobriety, and industry are deemed to be included in the statement of minimum qualifications and need not be specifically mentioned.

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14 RULE IV -

ANNOUNCEMENTS AND APPLICATIONS
Section 4-1: ANNOUNCEMENT:

All examinations for classes shall be publicized by such methods as the Personnel Officer or designee deems appropriate. All open and promotional examinations in the competitive service shall be posted on officialby the City bulletin boardsin a manner that is reasonably likely to attract qualified applicants for a period of not less than ten (10) business days before the filing deadline.

In addition, all open examinations shall be publicized in the broadest possible manner using appropriate media such as notices to professional associations, printed media, and such other methods as the Personnel Office deems necessary. However, nothing herein shall oblige the Personnel Office to expend funds beyond the level budgeted by the City Council for such advertising. The announcements shall specify the title and salary of the class for which the examination is announced, the nature of the work to be performed, any special skills required, the manner of making applications, statement of compliance with affirmative action policies, and other pertinent information.

Section 4-2: APPLICATION FORMS:

Applications shall be made as prescribed on the examination announcement and consistent with applicable state and federal laws. If a specific form is required, that form Application forms shall require information covering training, experience, and other information pertaining to the minimum or desirable bona fide qualifications of the class. All application forms shall include a voluntary confidential data sheet for compliance with federal and state discrimination prevention laws. the affirmative action program.

All applications must be signed by the applicant and shall be valid for one (1) year from the date of filing or one year from the date of the applicable examination in which the applicant participated.

Section 4-3: DISQUALIFICATION:

The Personnel Officer may reject any application that is incomplete, was not submitted by the specified filing date, and/or indicates on its face that the applicable does not meet the minimum qualifications required for the position. Applications may also be rejected if the person: refuse to examine or, after examination, may refuse to certify as eligible, or may withhold or remove from an eligible list any person who:

A. Lacks any of the qualifications set forth in these rules or published in the examination announcement;Has made any false statement of any material fact or engaged in any deception or fraud in an application;
A.
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15 B. Has been discharged from employment for reasons which indicate unfitness for performing the duties and responsibilities of the class or position; C. Has directly or indirectly obtained information regarding examinations to which the applicant was not entitled or has otherwise defrauded the examination process; used or attempted to use any unfair method to obtain an advantage in an examination or an appointment in City employment;
B.

D. Has willfully omitted or misstated material facts in completing an application for City employment;
D. Has failed to make application correctly or within established time limits; E. Does not satisfactorily complete any element of the selection process; F. Is unable to perform the essential functions of the class or position, with or without reasonable accommodation if disabled; or
G. For any material cause which in the judgment of the Personnel Director or designee would render the applicant unsuitable for the position, including but not limited to prior resignation from the City, termination from the City, or prior disciplinary action.

Has a prior conviction of a felony offense which is material to job F. Performance and for which no mitigating factors exist. Mitigating factors would include rehabilitation and/or the passage of time sufficient to indicate capability for successful job performance.

The Personnel Officer may reassign applicants to alternative positions for which they are qualified if they do not meet the bona fide qualifications of the class for which they applied. At the discretion of the Personnel Director or designee, an applicant may be asked to correct an application that is missing required information, provided, however, that all filing deadlines are met by the applicant.

Section 4-4 REASONABLE ACCOMMODATIONS
With adequate notice, the City shall provide reasonable accommodations to applicants with a disability (as defined by applicable federal and state law) in order to ensure access to the application and examination process.

Incomplete applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired.

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16 RULE V

FAIR EMPLOYMENT PRACTICES
Section 5-1: EQUAL EMPLOYMENT OPPORTUNITY POLICY:

The City is an equal opportunity employer. The City prohibits discrimination against employees or applicants for employment on the basis of race, religious creed, color, age, sex, sexual orientation, gender, gender identity, gender expression, national origin, ancestry, marital status, medical condition as defined by state law (cancer or genetic characteristics), disability, military service and veteran status, pregnancy, childbirth and related medical conditions, reproductive health decisionmaking, or any other characteristic protected by applicable state, federal or local law.

The City will afford equal employment opportunity to all qualified employees and applicants as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline and termination. Employees or applicants who believe they have experienced any form of employment discrimination are encouraged to report this immediately, using the complaint procedure this rule.

Section 5-2: REASONABLE ACCOMMODATIONS:

The City is committed to providing reasonable accommodations where appropriate to qualified applicants and employees with known disabilities, unless doing so would impose an undue hardship on the City or pose a direct threat of substantial harm to the employee or others. The City will also provide reasonable accommodations for the religious beliefs and practices of qualified job applicants and employees, unless doing so would impose an undue hardship on the City.

An employee or applicant who needs a reasonable accommodation based on a disability or religion should discuss the need for possible accommodation with the Human Resources Department. Upon receiving an accommodation request, the City will engage in a timely interactive process with the employee to identify possible accommodations. In the case of disability, the employee may be required to provide medical documentation establishing the existence of a disability, any-job related restrictions, and the estimated length of time for which accommodation is needed.

Section 5-3: POLICY AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION:

The City is committed to providing all employees, applicants, officers, officials, volunteers, interns and contractors with a workplace that is free from harassment, discrimination or retaliation as defined in this Rule. The City does not tolerate harassment, including sexual harassment, or discrimination on the basis of race, religious creed, color, age, sex, sexual orientation, gender, gender identity, gender expression, national origin, ancestry, marital status, medical condition as defined by state law (cancer or genetic characteristics), disability, military service and veteran 221
17 status, pregnancy, childbirth and related medical conditions, reproductive health decision-making or any other characteristic protected by applicable state, federal or local law. Any violation of this rule will lead to disciplinary action, up to and including termination.

This Rule against harassment, discrimination and retaliation prohibits elected officials, appointed officials, officers, employees, volunteers, interns and contractors from harassing or discriminating against applicants, officers, officials, employees, volunteers, inters and contractors because: (1) of an individual’s protected characteristic; (2) of the perception that an individual has a protected characteristic; or (3) the individual associates with a person who has or is perceived to have a protected characteristic. The rule also prohibits retaliation against any individual who has made a good-faith complaint of harassment or discrimination, or who participates in an investigation undertaken by the City into a complaint or harassment, discrimination or retaliation.

Please refer to the City’s Employment Policies for more detail.

Section 5-4: A. DEFINING HARASSMENT, DISCRIMINATION AND

RETALIATION
Discrimination Defined: As used in this Rule, “discrimination” means treating differently or denying or granting a benefit to an individual because of the individual’s protected characteristic.

Harassment Defined: As used in this Rule, harassment means unwelcome verbal, visual or physical conduct creating an intimidating, offensive, or hostile work environment that interferes with work performance. Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails) or physical conduct (including physically threatening another, blocking someone’s way) that denigrates or shows hostility or aversion towards an individual because of any protected characteristic. Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a professional and respectful manner.

Sexual Harassment Defined. As used in this Rule, “sexual harassment” can include all of the actions included in the definition of harassment, as well as other conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Other examples of conduct that violates this policy include:

Obscene or vulgar gestures, posters, or comments.

Sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies.

Propositions, or suggestive or insulting comments of a sexual nature.

Derogatory cartoons, posters, and drawings.

Sexually-explicit e-mails or voicemails.

Leering, whistling, uninvited touching of a sexual nature, assault, 222
18 blocking normal movement.

Conduct or comments consistently targeted at only one gender, even if the content is not sexual.

Teasing or other conduct directed toward a person because of the person’s gender.

Conversations about one’s own or someone else’s sex life.

Retaliation Defined. As used in this Rule, “retaliation” means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: shunning and avoiding an individual who reports harassment, discrimination or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation; and denying employment benefits because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process described below.

Section 5-5: B. REPORTING AND INVESTIGATION PROCEDURES:

An applicant, employee, officer, official, volunteer or contractor who believes this rule has been violated should immediately bring the matter to the attention of a supervisor, a Department Head, the Human Resources Manager or the City Manager. Every person who learns of any employee’s concern about conduct in violation of this rule, whether in a formal complaint or informally, must immediately report the issues raised to the City Manager or Human Resources Manager.

Upon receipt of a complaint of a potential violation of this Rule, the City Manager or designee will be responsible for coordinating a fair and thorough investigation into the facts and circumstances of any alleged violation of this rule (unless he/she is named in the complaint). The City Manager or designee may hire an outside investigator if deemed appropriate.

The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the City Manager or designee, but will generally include interviews with the complainant and the accused, further interviews as necessary and a review any relevant documents or other information. If the complaint is made against the City Manager, the Mayor or the Mayor’s designee will be responsible for coordinating the investigation.

To the extent possible, the City will endeavor to keep the reporting party’s concerns confidential.

Complete confidentially cannot occur, however, due to the need to fully investigate potential violations of this Rule and take effective remedial action.

Pending the investigation, the City Manager or designee may take interim action, such as placing the alleged perpetrator on paid administrative leave or transferring the alleged perpetrator. 223
19 At the conclusion of the investigation, the City Manager or designee will notify the complainant in general terms of the outcome of the investigation.

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20 Section 5-6: C. VIOLATIONS:

If it is determined that a violation of this Rule has occurred, the City will take corrective measures.

These measures may include, but are not limited to counseling, suspension, or dismissal. Anyone, regardless of position or title, who the City determines has engaged in conduct that violates this policy will be subject to disciplinary action, up to and including termination.

In addition to being a violation of this Rule, harassment, discrimination or retaliation can also be against the law. Individuals who engage in conduct that rises to the level of a violation of law may be personally liable for such conduct.

D. TRAINING
All employees of the City are required to complete harassment prevention training as required by applicable law. For more information about this training requirement, employees can visit https://calcivilrights.ca.gov/shpt/. https://www.dfeh.ca.gov/shpt/ Section 5-47: DISSEMINATION OF RULE:

All City officials, officers, employees, volunteers and interns shall receive a copy of the City’s Fair Employment Policies. These policies may be updated from time to time and, as such times, will be redistributed to all employees.

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21 RULE VI

EXAMINATIONS
Section 6-1: NATURE AND TYPES OF EXAMINATIONS:

The selection techniques used in the examination process shall be impartial, of a practical nature, and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the capability of applicants to perform duties assigned to the class for which they seek appointment.

Examinations will consist of selection techniques which will meet validation standards and test fairly the qualifications of the applicant, comply with the equal opportunity standards, and may include but not necessarily be limited to: written and performance tests, personal interviews, work samples, medical or other exams, or any combination of these or other requirements for that job.

The probationary period shall also be considered a portion of the examination process.

Examinations shall 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. , provided that such tests shall not be discriminatory in nature.

Section 6-2: PROMOTIONAL EXAMINATION:

Promotional examinations shall be conducted upon approval of the Personnel Officer subject to provisions of this section when the needs of the service require, or upon request of the appointing authority. Promotional examinations may include any of the selection methods set forth in Section 56-1 above. Only regular permanent or probationary employees meeting the requirements set forth in the promotional examination announcements or departmental rules may compete in promotional examinations.

Section 6-3: CONTINUOUS OPEN EXAMINATION:

Open competitive examinations may be administered periodically as the needs of the service require. Names shall be posted on employment lists and shall remain on such lists as prescribed in Rule VII herein.

Section 6-4: CONDUCT OF EXAMINATION
The City may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer or designee shall see that such duties are performed, including making arrangements for the use of public buildings and equipment for the conduct of examinations.

Section 6-5: SCORING EXAMINATIONS AND QUALIFYING SCORES:
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22 An applicant's score in any examination is based upon the scores achieved for each part of the competitive examination as provided in the examination announcement. Failure in one part of an examination may authorize the Personnel Officer to disqualify applicants from the remaining parts of the examination.

A. Veterans’ Credit
All eligible veterans who successfully qualify on open competitive examinations for positions in the competitive service by receiving a final passing score on the examination, shall receive an additional credit of 2 points towards their final score reflecting the average of the component parts of the examination. This credit will be added to their original final score. For the purposes of this section, a veteran is defined as specified in Government Code Section 18973. Eligibility to receive veteran’s credit shall be documented in the form of a DD214 or equivalent and submitted at the time of application.

Section 6-6: NOTIFICATION OF EXAMINATION RESULTS:

Each applicant shall be given written notice of the results of the examination and their final score within ten (10) working days.

Section 6-67: REVIEW OF PAPERSWRITTEN EXAMINATION RESULTS:

Applicants shall have the right to inspect the results of their ir own written examination if a written examination was part of the application process and when permitted by the author of the exam.

Applicants may request review papers within ten five (105) working days after the notices of written examination results were mailed. Review is limited to only review of written examinations and does not include review of any practical examination or oral examination. when permitted by the author of the exam, and limited to review of the written exam. Any error in computation of a written examination result, if called to the attention to the Personnel Officer within this period, shall be corrected. Questions and content of the written examination may be challenged by filing a written appeal to the Personnel Officer within ten five (105) working days of mailing of the applicant’s examination results, stating the reasons for the challenge. All decisions of the Personnel Officer are final. If any question is disqualified, all candidates shall be so notified in writing of the effect on examination scores. Said changes in results shall not affect any appointments that have already been made.

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23 RULE VIIX

EMPLOYMENT LISTS
Section 7-1: EMPLOYMENT LISTS:

Within thirty (30) days after completion of an examination, the Personnel Officer shall prepare and keep available an eligible list consisting of the names of applicants who qualify in an examination, arranged in order of final scores from highest to the lowest qualifying scores. Multiple employment lists for a single classification are permitted. When multiple employment lists exist, an eligible shall be considered based on their overall rating as opposed to when they were placed on an employment eligibility list, except that eligibles on a reinstatementreemployment list will have priority over all other lists.

Section 7-2 DURATION OF LISTS:

Employment lists shall normally remain in effect for a period of twelve (12) months following the date the eligible list is established. Employment lists may be extended for an additional period prior to their expiration date by action of the Personnel Officer. However, in no event shall an employment list remain in effect for more than eighteen (18) months.

Employment lists created as the result of continuous examinations shall remain in effect for not more than twelve (12) months after the last person is added to the list. Names placed on such lists shall be merged with any others already listed in order of final scores and shall remain on the list for not more than twelve (12) months. The Personnel Officer, after consultation with the appointing authority and approval by the City Manager may terminate an eligible list at any time where it is not possible to certify at least three (3) qualified persons to an appointing authority for consideration in the filling of a position. In the event an employment list is terminated with one or more eligibles remaining, prior to completion of twelve (12) months from the date established, the Personnel Officer shall notify the remaining eligibles.

In the event a promotional eligible list is terminated with one or more eligibles remaining, prior to completion of twelve (12) months from the date established, the promotional eligibles remaining on the list shall have the option of again competing in the promotional examination process or said promotional eligible may have their score merged on the new eligible list in the order of their final score provided, however, that their standing on the new eligible list shall not remain in effect beyond twelve (12) months from the date they were originally placed on an eligible list. This option shall be exercised after the final tally has been compiled but before the new list is certified to the appointing authority.

In the event a person appearing on an eligible list is appointed to a temporary or seasonal position they shall retain their eligibility for appointment to a permanent regular position so long as they are continuously employed in the temporary or seasonal position even if the eligible list has expired or has been terminated by the Personnel Officer.

Section 7-3: RE-EMPLOYMENT/REINSTATEMENT LISTS:
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24 RE-EMPLOYMENT LISTS:

The names of probationary and permanent employees who have been laid off in accordance with these rules shall be placed on an appropriate re-employment list in order of total continuous accrued time served in probationary and permanent status. Names placed on such re-employment lists shall remain on the list for a period of twelve (12) calendar months unless otherwise provided in these rules or applicable Memoranda of Understanding. Employees on a reemployment list will have priority for appointment to vacant positions over individuals on any other list, subject to the provisions providing for removal of names from the list, Section 7-5.

Section 7-4: REINSTATEMENT LISTS:

B. In the event of resignation, employees may request in writing and within one year after resignation, to be reinstated on an employment list. However, reinstatement shall be based upon the position on the first employment list such employee's name first appeared and not automatically at the top of such list. Such placement on list shall be at the request of the resigning employee.

Eligibility for reinstatement shall not continue beyond twelve (12) months from date of separation from city service.

Section 7-5: REMOVAL OF NAMES FROM LIST:

The names of any persons appearing on an re-employment, promotion, or openemployment eligiblityeligibility list shall be removed by the Personnel Officer if the eligible: (1) A. The eligible requests such removal in writing; (2) fails to B. No response isrespond made to a notice mailed to the last known address of the eligible within ten (10) working days of the date of the letter; (3) no longer meets the eligibility requirements for appointment; (4) is subsequently hired by the City; (5) after the appointing authority indicates they no longer wish to consider the eligible for appointment; or (6) f C. For reasons specified in Section 4-3. The names of persons on a promotional list shall automatically be dropped from the promotional list in the event of termination or resignation.

The person affected shall be notified of the removal of their name by a notice mailed to their last known address. It shall be the sole responsibility of those individuals on an eligibility list to provide the City with information regarding any change of address or telephone number.

Section 7-6: NO GUARANTEE OF EMPLOYMENT
No person who appears on an eligibility list is guaranteed employment with the City. The appointing authority or designee may opt not to hire any/or all persons whose name appear on an eligibility list.
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25 The names of persons on a promotional list shall automatically be dropped from the promotional list in the event of termination or resignation.Section 7-7: VETERANS’ PREFERENCE The City will grant a veteran, as defined in this Rule, with preference points on entrance examinations, nor to a current employee in a regular position.

For purposes of this rule “veteran” means any person who has served full-time in the armed forces in time of national emergency or during any expedition of the armed forces who has been discharged or released under conditions other than dishonorable.

Eligible veterans who obtain a passing score and are placed on an employment eligibility list will receive an additional two points added to their score. The veteran shall be placed on the employment eligibility list at the appropriate ranking after the additional points are addressed.

Any individual applicant for entrance employment with the City wishing to receive veterans’ preference must submit proof of their veteran status in the form of a DD-214 along with the original employment application.

Candidates who are in the military service at the time of an examination, and who are discharged from military service during the duration of the employment list may apply for a veterans’ preference upon discharge from the military. If all the eligibility criteria and documentation requirements contained in this Rule are met, then the candidate’s placement on the employment list will be adjusted accordingly.

Veterans’ preference points shall not be given to those applicants who:

1. Are competing in a promotional examination on or for a classification not included within the competitive service; or
Are retired from the armed forces at or above the rank of Major, or its equivalent; Were discharged more than five years prior to the final filing date stated on the job announcement; or

2. Were discharged for a reason other than “honorable.” 230
26 RULE XVIII

METHOD OF FILLING VACANCIES
Section 8-1: TYPES OF APPOINTMENT:

All appointments to vacancies occurring in the competitive service shall be based upon merit and fitness ascertained in accordance with these rules and shall be filled by transfer, demotion, or from eligibles from an appropriate employment list, if available. In the absence of persons eligible for appointment from an eligibility list, provisional appointments may be made in accordance with this Rules. All appointments shall be made by the appointing authority. , which appointment may be for new employment, reemployment, reinstatement, or promotion.

Section 8-2: NOTICE TO PERSONNEL OFFICER:

Whenever a vacancy in the competitive service is to be filled, the appointing authority or designee shall notify the Personnel Officer in the manner prescribed. The Personnel Officer shall advise the appointing authority or designee as to the availability of any reemployment list, and if there is no reemployment list, then as to the availability of eligibles on employment eligibility lists for the class. If there is no employment list available for a class, the Personnel Officer shall decide whether or not the position may be filled provisionally and whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open eligible list.

Section 8-3: APPOINTMENT: CONSIDERATION OF ELIGIBLES
Any applicant on the employment eligibility list may be considered for appointment, and such consideration of applicants shall be termed “the rule of the list” such that any individual on the list may be appointed to a vacancy. For vacancies occurring in the competitive service, the Personnel Officer shall certify to the appointing authority, from an appropriate list, up to five eligible candidate names more than the number of vacancies to be filled.

However, nNo person on an employment eligibility list shall be considered for appointment unless all other eligible with a higher or equal employment list ranking have been interviewed by the appointing authority or designee.

For vacancies occurring in the competitive service, the Personnel Officer shall certify to the appointing authority, from an appropriate list, five eligible candidate names more than the number of vacancies to be filled.

A. When certifying names to the department, if a veteran, as defined, is entitled to preference points under Section 5.4.A. of these Rules, the candidate, based on cumulative points earned including these preference points, will be placed appropriately on the list. The Personnel Officer will certify additional names to the department such that no otherwise qualified individual will be eliminated from the list of certified names as a result of this procedure.

Section 8-4: APPOINTMENTS - GENERALLY
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27 B. If fewer than the full number of names are available for certification from the list, the Personnel Officer may certify only those names which are available or, in addition, he/she may certify additional eligibles from other related lists which require equal or greater qualifications and which the Personnel Officer deems to be appropriate for use. The appointing authority shall fully consider each of the eligibles certified. Following an interview or and other appropriate candidate review, the appointing authority shall notify the Personnel Officer and the eligibles considered of his/herthe appointing authority’s determination. If the applicant accepts appointment and reports for duty within such period of time as prescribed by the appointing authority, the applicant shall be deemed to be appointed; otherwise, the applicant is deemed to have declined appointment.

Section 8-54: APPOINTMENT OF SAFETY MEMBERS:

Appointment of safety members shall be made as set forth in Section 7-3these Rules. However, the appointing authority shall not confirm an appointment of a safety member until a medical examination has been completed by a doctor designated by the City, with a report indicating that the candidate is physically able to perform the duties as prescribed for the class as set forth herein.

Section 8-6: TYPES OF APPOINTMENTS
A. At-Will Appointments. Except as being within the competitive service or as defined in an employment agreement, all appointments, regardless of type are atwill appointments which may be terminated with or without cause and with or without notice at any time by either the employee of the City. Nothing in these personnel rules or in any document or statement shall limit the right to terminate employment at will. Only the City Council may approve or authorize an employment agreement that can alter the at-will relationship and any such employment agreement must be in writing.

B. Regular Position Appointments. Appoint to a position which works an ongoing schedule, whether part-time or full-time. Regular positions that are included in the competitive service must serve a probationary period as provided in these rules.

Section 8-6: Appointments Of Temporary AppointmentsEmployees:

Appointments to a position which is not a regular position appointment.

C. Whenever possible, temporary employees should be appointed from an appropriate eligible list. Temporary appointments are limited to a period of time not to exceed 2,080 regular hours worked in a twenty-four (24) month period. Temporary employees are not guaranteed a minimum number of hours of work per day, per month, or per year. In addition, temporary employees have no rights of continued employment even when their service is satisfactory. Temporary employees serve at the pleasure of the appointing authority and may be separated from City service at any time by action of the appointing authority. Eligibility of temporary employees for retirement benefits shall be in accordance with the rules and regulations of the Public Employees' Retirement System. Service time as a temporary employee shall 232
28 not count towards any benefits, accruals or incentive pay, except as required by law.

Section 8-5: Provisional Appointments:

D. In the absence of there being names of three (3) individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be authorized by the Personnel Officer for a person meeting the bona fide training and experience qualifications for the positions. An employment list shall be established for any permanent regular position filled by a provisional appointment no later than three (3) months from the date the provisional appointment was effected. A provisional employee may be removed at any time without the right of appeal or hearing.

F. Out of Class Appointments. In every City department, subordinate employees may be assigned to temporarily assume the duties of a higher-level position which is vacant pending an active recruitment for a regular appointment. When an employee is appointed by the appointing authority to work in an out of class appointment, the employee will be paid at the lowest step in the salary range associated with the classification for the out of class appointment which provides a minimum increase of five percent (5%) above the normal rate of pay for the employee. An out of class appointment may not exceed 960 hours in a fiscal year.

Section 8-6: APPOINTMENTS OF TEMPORARY EMPLOYEES:

Whenever possible, temporary employees should be appointed from an appropriate eligible list.

Temporary appointments are limited to a period of time not to exceed 2,080 regular hours worked in a twenty-four (24) month period. Temporary employees are not guaranteed a minimum number of hours of work per day, per month, or per year. In addition, temporary employees have no rights of continued employment even when their service is satisfactory.

Temporary employees serve at the pleasure of the appointing authority and may be separated from City service at any time by action of the appointing authority. Eligibility of temporary employees for retirement benefits shall be in accordance with the rules and regulations of the Public Employees' Retirement System.

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29 Section 8-7: ANTI-NEPOTISM:

Any person related by consanguinity or marriage to an officer of the City, elected or appointed, or head of any department, or supervisor, shall not be hired directly by or employed in, a position directly under the actual line supervision of said related officer, department head, or supervisor. For the purpose of this rule, " “any person related by consanguinity or marriage”" means husband/wife, parent/child, brothers/sisters. All other relationships are permitted under the rule.

This section shall not apply to those City employees related by consanguinity or marriage who were employed by the City prior to July 1, 1974.

Section 8-87: OCCUPATION OF CITY COUNCIL SEAT BY CITY EMPLOYEES:

No person, upon election to a position upon the City Council and so long as such position is held, shall be employed by, or remain employed by, the City of South Lake Tahoe.

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30 Section 8-98: CONTRACT FOR SPECIAL SERVICES:

The City Manager shall consider and make recommendations to the Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Council may contract with any qualified person or agency for the performance of any of the following responsibilities and duties:

A. The preparation of personnel rules and subsequent revisions and amendments thereof.

B. The preparation of a Pposition classification Classification plan Plan and subsequent revisions and amendments thereof.

C. The preparation of a plan of compensation and subsequent revisions and amendments thereof.

D. The preparation, conduct, and grading of competitive test.

E. Special and technical services of advisory or informational character on matters relating to personnel administration.

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31 RULE IX

MEDICAL STANDARDS
Section 98-10: POST-OFFER, PRE-EMPLOYMENT EXAMINATIONS
A post-offer, pre-employment medical examination may be required for applicants in select classes. Any pre-employment physical will be done in accordance with the standards set forth in the Americans with Disabilities Act or other applicable law to determine whether the employee can perform the essential duties of the position, with or without reasonable accommodation.

If the results of a pre-employment examination will result in the disqualification of an applicant, the applicant will be notified and given an opportunity to submit an independent medical opinion for consideration before a final decision on disqualification is made.

No appointment may be made official until a positive determination is made that the applicant can perform the essential functions of the position, with or without reasonable accommodation.

Section 9-2 FITNESS FOR DUTY EXAMINATIONS
An employee may be required to undergo a physical and/or mental evaluation (i.e., a medical examination) to determine his/her capacity to perform the duties of his/her position. An employee may be required to submit to an examination by a competent medical practitioner whenever there is a reasonable suspicion that an employee is physically or mentally unfit to perform the duties of his/her position, may subject others to infection or may subject the employee or third persons to the risk of injury.

Section 9-3 AFTER ABSENCE
The City may require a medical examination and/or medical release before an employee may return to work following an absence due to illness, injury, or surgery.

Section 9.4 AFTER CLASSIFICATION CHANGE
A standard medical examination may be required before an employee is appointed to a classification with more rigorous medical standards. A medical examination will be done in accordance with the standards set forth in the Americans with Disabilities Act or other applicable law.PHYSICAL EXAMINATION:

It is the policy of the City of South Lake Tahoe to employ persons with physical and mental health consistent with the bona fide requirements of the positions to be filled and to assure that all new employees have a standard of health which will reduce employee absences and future medical costs and contribute to efficient performance of work. In order to achieve that goal, the City will provide physical examinations pursuant to these rules following a conditional offer of employment:

A. Pre-employment Physical:
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32 No appointment to a department head position or probationary position by a safety member shall be certified until a physical examination has been completed with a certification of physical qualifications for employment provided by the City physician to the Personnel Officer. The Personnel Officer shall promptly notify the appointing authority of the results of the physical examination. If certification of employment is issued by the City physician, appointment shall be completed by the appointing authority any time thereafter.

If a certificate of employment is not issued, or is issued conditionally, the appointing authority shall not complete the appointment of the employee involved until and unless the City physician revises the certificate, revises conditions, or advises that a remedial program is in progress which will permit employment.

The Personnel Officer shall be responsible for scheduling the appointment with the City physician for all examinations. An appointing authority shall notify the Personnel Officer whenever a potential appointment is planned and shall inform the designated appointee of the responsibility for physical examination. The Personnel Officer shall furnish the City physician a copy of the description for the classification within which the appointment is planned. Such description shall include information which will enable the physician to determine bona fide physical skills and qualifications to perform the work assigned.

The results of the examination are to be reported to the Personnel Officer; however, in order to protect patient-physician relations, such information shall not be public. The results of said examination shall include a statement as to capability of the employee to meet requirements of the position as determined by the professional opinion of the physician.

It is the responsibility of the prospective appointee to complete the physical at the time set by the City. Failure to do so shall constitute a basis for not confirming appointment. The individual may elect to furnish a certification of employability from a physician other than the physician designated by the City because of religious or other beliefs. In such event, the individual shall so notify the Personnel Office, stating in writing, why the City physician is not acceptable and submitting an alternative certification. In the event such alternative certification is approved, City costs shall not exceed the amount which would have been paid through the City physician. The Personnel Officer in such event shall review this request on a case by case basis in order to measure the needs of the service, the duties of the position, and the qualifications of the prospective appointee. A decision shall be made on the request within five (5) working days after receipt of the request.

B. Sick Leave Physicals:

The appointing authority may request that the Personnel Officer order a physical examination of an employee by the City physician after any absence using sick leave. Such exam shall be at City cost. The Personnel Officer may require a certification of employability or a physical for any 237
33 employee whose absence exceeds thirty (30) working days for illness or injury. The Personnel Officer shall receive the results of such examination from the City physician prior to the resumption of work duties by the employee. In addition, the Personnel Officer may order a physical or psychological examination when it is believed that physical or emotional conditions are adversely affecting an employee’s job performance.

C. Health Maintenance Examination:

Unless otherwise agreed upon between the City and the employees affected each safety member employee, department head, city manager, and city attorney shall receive a complete physical examination paid for by the City at least every other year. The results of such examinations shall be available to the Personnel Officer or the Council as may be appropriate in the same manner as new employee examinations provided in Section 78-10 (A). Each employee accepts as a responsibility the compliance with advice and suggestions made by the physician as a result of such examination. All care, treatment, or other requirements recommended by the physician shall be at the expense of the employee. The City shall receive from the City physician a notice of examination completion, whether or not further treatment or specialized diagnosis is required, and a certification that the employee is able to continue job performance. In the event an employee is certified by the City physician as unable to continue performance of the duties assigned to the position, that employee shall not return to active service until certification is received, or until such time as the employee is determined permanently unable to continue job performance by the City physician.

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34 RULE X

ANTI-NEPOTISM
Section 10-1 POLICY
It is City policy not to discriminate in its employment or personnel actions with respect to its employees and applicants on the basis of marital or domestic partner status. Notwithstanding this policy, the City reserves the right to reasonably regulate, for reasons of supervision, safety, security or morale, the assignment of spouses and registered domestic partners within the same department, division, facility or unit. The City further reserves the right to decline to hire or promote the immediate family member of any employee for any reason. Promotional advancement may also be denied if the promotion places one spouse, registered domestic partner, or immediate family member under the supervision of another. Exceptions to this policy require the written approval of the Department Head, Human Resources Manager, and the City Manager.

Section 10-2 DEFINITIONS
For purposes of this rule, the following definitions shall apply:

A. Marital status is defined as an individual’s state of marriage, divorce or dissolution, separation, or annulment.

B. Immediate family member means an individual’s spouse, registered domestic partner, parent, stepparent, parent-in-law, sibling, stepsibling, sibling-in-law, child, stepchild, grandparent, and grandchild. The term “immediate family member” also includes an individual who falls within one of these categories by a previous marriage, adoption or registered domestic partnership.

C. Domestic partner is as defined in Family Code section 297.

Section 10-3 NOTICE
Any applicant for a position with the City will be required to notify the City if they have or reasonably anticipate (e.g., because a pending engagement) having a marital and/or familial relationship with an existing employee or City official. This notice shall include the name(s) of the existing employee(s) and/or official(s) with whom the applicant has a relationship, as well as the nature of that relationship.

Section 10-4 EMPLOYEES WHO ARE SPOUSES AND DOMESTIC PARTNERS The City will investigate to determine if there are any reasonable modifications or changes in procedure that can be made to minimize operational concerns regarding supervision, safety, security or morale whenever the employment status of two employees results in either:
(1) One spouse or registered domestic partner directly supervising another; or 239
35 (2) Two or more spouses or registered domestic partners working within the same department or division.

In the event that no reasonable modifications or changes in procedure are available, or that any modifications or changes would affect safety, security, supervision or morale, the City reserves the right to transfer or reassign one of the employees. While the wishes of the involved parties will be considered, the controlling factor in determining which relative shall be transferred shall be the positive operation, efficiency, and needs of the City. There can be no guarantee that the new position will be within the same classification or at the same salary level.

If an employee does not accept a transfer or reassignment, or in situations where no transfer or reassignment is available, the City may request the voluntary resignation of one of the employees and if one of the employees does not voluntarily resign, the City will retain one employee and terminate the other. Factors the City might use in evaluating which employee to retain include, for example, performance, tenure, position within the organization, or other factors deemed relevant by the appointing authority or designee.

Section 10-5 EMPLOYEES WHO ARE IMMEDIATE FAMILY MEMBERS The City need not make reasonable modification or changes in procedure when the relationship between two or more employees is that of immediate family members and not that of spouses or registered domestic partners. In addition, the City need not transfer or reassign immediate family members and can move to retain one immediate family member and terminate the other. Factors the City might use in evaluating which employee to retain include, for example, performance, tenure, position within the organization, or other factors deemed relevant by the appointing authority or designee.

Section 10-6 POLICY EXCEPTIONS
Spouses, domestic partners, or immediate family members employees may continue to work in the same department subject to approval by the Department Head, the Human Resources Manager, and the City Manager.

Section 10-7 APPEALS
Any permanent employee who was employed in a position within the competitive service who is separated from City service under this rule may utilize the disciplinary appeal procedure as identified under the applicable collective bargaining agreement or, if none, the Grievance Procedure as described in these rules. Other actions (for example, a transfer, demotion or lost opportunity for overtime or supplemental pay) are not subject to appeal.

Section 10-8 IMMEDIATE FAMILY MEMBERS OF ELECTED OFFICIALS No person who is the spouse, registered domestic partner, or immediate family member of a current City elected official shall be eligible for appointment. The spouse, registered domestic partner or immediate family member of an elected official currently employed as of the date the elected 240
36 official assumes office shall not be subject to automatic exclusion of employment. The City Manager may, however, utilize the provisions of this policy to transfer, reassign, or terminate the employee, if necessary, for the efficient operation of City business.

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37 RULE IXII

TRANSFER, PROMOTION, DEMOTION, REINSTATEMENT,

LAYOFF, RESIGNATION, AND RETIREMENT, AND VOLUNTARY REDUCTION Section 119-1: TRANSFER:

Transfers may be voluntary or involuntary. No person shall be transferred to a position for which the bona fide qualifications are not possessed. Upon notice to the Personnel Officer, an employee may be transferred at any time by the appointing authority or designee from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties, and requires substantially the same basic qualifications.

If the transfer involves a change from one department to another, prior approval of both department heads must be granted unless the City Manager orders the transfer for reasons of economy or efficiency. Transfer shall not be used to effectuate a reclassification, promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance or these Rules.

Whenever possible, an employee being transferred from one position to another position in the same or a comparable class will receive five (5) business days’ notice. If an employee disputes an involuntary transfer, the employee may, within two (2) days of receiving notice of the pending transfer, file a written appeal with the City Manager or designee setting forth the reasons for the appeal. Any appeal must be based on an alleged violation of the requirements for transfer or the procedure followed. The decision as to whether or not to transfer an employee shall be at the sole discretion of the appointing authority and is not subject to any grievance or appeal procedure.

Section 119-2: PROMOTION:

Insofar as is consistent with the best interests of the service, all vacancies in the competitive service to be filled by promotion from within the competitive service shall be accomplished after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Officer, it is in the best interest of the municipal service, vacancy in the position may be filled by a promotional examination instead of open-competitive examination. A minimum of five percent (5%) increase in pay will be granted to employees receiving a promotion, unless the existing top step in the new position is less than five percent (5%) higher. A new anniversary date will be established for a promoted employee, and a new probationary period will begin on the first date in the new position.

Upon a determination by the Personnel Officer that an existing vacancy can best be filled by an open competitive examination instead of by a promotional examination, the Personnel Officer shall establish written findings and transmit the same to the affected department for review and recommendation back to the Personnel Officer.

Section 119-3: DEMOTION
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38 Demotions may be voluntary or involuntary. A voluntary demotion occurs when an employee requests a transfer to a position with salary range that contains a lower maximum salary than the range applicable to the requesting employee’s position. Upon receiving a request for a voluntary demotion, the appointing authority will review the request and decide, in the appointing authority’s sole discretion, whether to grant or deny the request. An involuntary demotion will be accomplished in accordance with the disciplinary process described in these rules. No employee shall be demoted to a position who does not possess the minimum qualifications.

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39 Section 11-4 REINSTATEMENT:

Upon approval of the Personnel Officer, a permanent or probationary regular employee who has resigned or has been laid off may be reinstated to City service within one year of the effective date of resignation to a vacant position in the same or comparable class, provided that such employee possessed a satisfactory performance record. Eligibility for reinstatement will be in accord with these rules and shall not continue for a period beyond twelve (12) months from the date of separation unless otherwise provided in these rules or applicable Memoranda of Understanding.

Upon reinstatement, the employee shall be granted seniority for previous continuous service including vacation accrual rates. Sick leave accrued prior to termination will be restored except where payment has been made. A reinstated employee will be placed as the same Salary salary step placement held before the employee’s resignation. will be in accordance with Rule X.A new anniversary date will be established for the employee that includes the previous continuous services but excludes the period of absence from the employment of twelve (12) months or less." Section 11-5: FAILURE TO REPORT TO WORK (JOB ABANDONMENT) An employee who fails to report to work, fails to return from an authorized leave of absence, and/or fails to call off from work for three (3) or more consecutively scheduled work days is deemed to have voluntarily resigned employment through job abandonment. A regular employee who has passed probation will receive notice of intent to dismiss for job abandonment, an opportunity to respond, and the final notice of dismissal for job abandonment before being separated under this provision. At the discretion of the Personnel Officer, an employee separated for job abandonment may be reinstated upon proof of justification for such absence, such as severe accident, severe illness, or mental or physical impairment which prevented notification. No employee has any right to grieve or appeal a separation due to job abandonment or to an evidentiary or disciplinary appeal following a separation due to job abandonment.

Section 911-6: RESIGNATION:

An employee voluntarily terminating City service in good standing shall file with the appointing authority a written resignation stating the effective date and reasons for leaving. Such notice shall be filed at least two (2) weeks before leaving the service, unless such time limit is waived by the appointing authority or City Manager. Such resignation and other pertinent information shall be forwarded to the Personnel Officer. Failure to give written notice as required by this rule may be cause for denying any future employment by the City.

Section 911-7: RETIREMENT:

The City is a member of thecontracts with the California Public Employees' Retirement System (CalPERS) in order to provide eligible employees with retirement benefits. administered and staffed by the State of California under applicable statute. Retirement benefits for member agencies are financed in part by the employee and part by the City. The amount paid is based upon salary and class to which the employee is assigned (safety or miscellaneous). 244
40 Application for retirement may be made on the appropriate forms furnished by the Personnel Officer. Information dealing with eligibility and benefits should be obtained in advance of filing an application for retirement.

CalPERS benefits and service time calculations shall not be considered for calculation of City service time, incentive pay entitlements, or any benefit or accrual.

Section 11-8: MEDICAL SEPARATIONS
An employee who becomes unable to perform the essential functions of their position due to a disability or other medical condition may be medically separated from employment. Prior to medical separation, the City will determine what accommodations, if any, can be reasonably provided to the employee in accordance with City policy and any applicable law. In addition, if appropriate, the City may consider an employee’s potential eligibility for disability retirement benefits.

Before medically separating a regular employee, the Human Resources Manager or designee will provide the affected employee with notice of the proposed decision to medically separate. The notice shall: (1) inform the employee of the action intended, the reason for the action and the proposed effective date; and (2) inform the employee of the right to respond to the proposed action and to whom to respond. After review of any timely response, the Human Resources Manager or designee shall notify the employee of any final action to be taken and the effective date of that action. A medical separation may be appealed pursuant to the grievance procedure contained in Rule __224 below.

In cases where employees may be eligible for incur job-related injury or illness which prevents full performance of required duties, eligibility for disability retirement, the City will initiate an application for disability retirement benefits on the employee’s behalf in accordance with the requirements of Government Code section 21153. may be possible. Such disability may be for partial or full disability. The amount is judged by the appropriate state agency. Application for disability retirement shall be made on the forms provided by the Personnel Officer. The City Council or its designee Manager is authorized to approve members' applications for disability retirement processed to the state.

Section 11-9: DISABILITY RETIREMENT APPLICATIONS BY SAFETY MEMBERS The following procedures shall be utilized to process an application for disability retirement benefits by a local safety member under the California Public Employees’ Retirement System (CalPERS):

B. Appealing an Initial Determination
An applicant may appeal the City Manager’s determination on the issue of incapacity by requesting a hearing as provided in Section 4 of this Rule below. An applicant may appeal the City Manager’s determination as to the issue of causation by filing an appeal with the Workers’ Compensation Appeals Board (WCAB) for a Finding of Fact determination as to causation. Any appeal of the City’s initial determination on an application must be filed within thirty (30) calendar days of the date on the notice of determination. The City Manager’s determination shall not be subject to appeal to the Personnel Commission or under the grievance procedure.

C. Hearing
If the applicant requests a hearing on the issue of incapacity, the hearing shall be held in conformity with the Administrative Procedures Act. When an applicant requests a hearing, the City will notify CalPERS. The City will also notify the Office of Administrative Hearings and will request a hearing date and a pre-hearing conference with an Administrative Law Judge. The applicant will be informed of the hearing date, time and location. The hearing shall be conducted before the Administrative Law Judge. The hearing shall be recorded. The burden of proof is on the applicant to demonstrate incapacity.

Following the hearing, the Administrative Law Judge will issue a Proposed Decision. The Proposed Decision will include a determination of issues, findings and summary of facts. The Proposed Decision will be reviewed and acted upon by the City Council. The Council will either:

1. Adopt the Proposed Decision as its own Decision.

2. Make changes in the Proposed Decision and adopt it as its own Decision, in accordance with Gov. Code sections 21156 et seq.

3. Reject the Proposed Decision and in doing so either:
i. Make its own decision without hearing additional evidence; or ii. Make its own decision following the acceptance of additional evidence; or iii. Remand the case back to the administrative law judge to take additional evidence and to issue a new or revised Proposed Decision. 246
42 The Council’s decision and findings shall be served by the City on the applicant and the applicant’s designated representative, if any, by U.S. Postal Service mail (with at least mail delivery confirmation) or by personal service. The City shall also notify CalPERS of the decision. The City Council’s decision shall be final and is not subject to any grievance procedure.

Section 11-10: USE OF ACCRUED LEAVES
No use of vacation, sick leave, administrative leave, compensatory time off, holidays, or any other paid time off in lieu of hours worked, may be used to extend an employee’s separation date (regardless of the reason for separation) beyond the employee’s last day worked unless approved by the City Manager. Use of sick leave shall be authorized only upon proper medical verification that the use of such leave complies with the rules pertaining to the use of sick leave.

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43 RULE XII

REDUCTIONS IN FORCE
Section 12-1: STATEMENT OF INTENT
Whenever, City Council determines, in the City Council’s sole discretion, it is necessary to abolish any position or employment, the employee holding such position or employment may be laid off, transferred or demoted without disciplinary action and without the right of appeal.

Section 12-2: NOTIFICATION
Whenever possible, employees to be laid off shall be given at least thirty (30) calendar days prior notice.

Section 12-3: EMPLOYEE OPTIONS
Whenever a regular employee in the competitive service has been notified that they will be laid off from their current position, the employee shall have the following options:

A. “Bump” to a Lower Class. If an employee has held status in a lower classification in the same department, the employee may “bump” or retreat to that lower classification if the employee has more seniority than at least one of the incumbents in the lower class. If an employee has not held status in a lower class, then no retreat rights accrue to the employee. An employee exercising retreat rights must provide written notice to the Human Resources Manager within five (5) working days of receipt of the notice of layoff.

The employee exercising this option may only displace the least senior employee in the department in the former class. In the event the laid off employee does not possess all qualifications of the least senior position including bilingual and/or biliterate skills, the employee shall displace the least senior employee, if any in the former class, who is in a position that does not require bilingual and/or biliterate skills.

An employee retreating to a lower class shall be placed on the salary step representing the least loss of pay. In no event shall the salary be increased above that received in the class from which the employee was laid off. Failure to timely exercise of any retreat rights will result in forfeiture of the ability to retreat to a lower class and the employee will be laid off.

B. Transfer to Another Class. If an employee has not held status in a lower classification, of it such lower classification is occupied by a more senior employee, the employee may be eligible for transfer to a vacant position if the employee is qualified and capable of performing the duties of the vacant position as determined by the appointing authority. Employees who are transferred in lieu of layoff will be paid at the rate of pay for the new position at a step to be 248
44 determined by the City Manager and shall serve a new probationary period. Any employee who does not accept a transfer within seven (7) days of the date of the notice of layoff will forfeit the ability to transfer and will be laid off.

C. Accept the layoff.

Section 12-4: ORDER OF LAYOFF
In each class, employees shall be laid off in the inverse order of their seniority and according to employment status in the following order: temporary, provisional, regular part-time employees serving a probationary period, regular full-time employees serving a probationary period, regular part-time employees and regular full-time employees.

For the purpose of this rule, seniority includes all periods of full-time or part-time service in the employee’s current classification and any lower classification within the department. Such seniority shall be calculated based on hours of service in paid status as a regular employee. Hours served as a temporary employee, overtime hours, and unpaid leave hours are not included in the calculation of seniority hours.

In cases where there are two or more regular employees who have completed probation in the class within the department from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, provided such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to layoff as follows:

First, all employees having ratings of “unsatisfactory”. Second, all employees having ratings of “improvement needed”. Third, all employees having ratings of “satisfactory” or above (which includes highly satisfactory and outstanding) by seniority.

Section 12-5: REEMPLOYMENT LIST
The names of regular employees in the competitive service who are laid off or demoted in accordance with these rules shall be entered upon a reemployment list for the department from which they were laid off. Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list.

Section 12-6: DURATION OF REEMPLOYMENT LIST
Names of persons laid off shall be carried on a reemployment list for one (1) year, except that persons appointed to regular positions of the same level as that which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse reemployment or who fail to promptly respond to and accept a reemployment offer within seven (7) days of the date of the offer shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the reemployment list for the higher position for the one (1) year.

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45 Section 12-7: REEMPLOYMENT
A former employee appointed from a reemployment list shall be reinstated to the salary range and step held at the time of layoff and have the following benefits restored:

1. Accrued but unused sick leave.

2. Seniority at the time of layoff for vacation accrual, future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).

A former employee shall not accrue any benefits during the period of time the employee was on layoff.

Section 12-8: LAYOFF OF AT-WILL EMPLOYEES
By definition, employment at-will may be terminated by either the employee or the City at any time with or without cause and with or without notice. Nothing in this chapter shall require the City Manager to allow an at-will employee to displace an employee in a lower class or require the City Manager to place an at-will employee on a reemployment list.

Section 9-4: LAYOFF: Layoff may also be known as reduction in force. This is a requirement to separate from City service those permanent employees for whom appropriations have not been authorized by the City Council, or to reflect reduced workload requirements. Employees separated pursuant to this provision are not terminated for disciplinary reasons nor for performance. It is the intent of the City to assist in the re-employment of such employees at the earliest possible time, either through City employment opportunity or other appropriate opportunities.

A. Budgetary Reduction:

Whenever the City Council adopts or amends appropriations which reduce authorized positions, the Personnel Officer and/or Finance Director shall give written notice of such action to the Personnel Officer and the appointing authority affected by the reduction within three (3) working days of the Council action. Whenever possible, budgetary reductions shall be scheduled to occur not less than thirty (30) days after Council action in order to prepare for the layoff process. As soon as possible, but in no event later than three (3) working days after receiving notice of Council action, the Personnel Officer shall prepare an official designated employment list for all positions in the affected department. This list shall report the name, employment date, anniversary date, class title, and current salary for each position in the department, listing the most recent employee first and all other employees in hiring sequence ranking from most recent to most senior. Such list shall be furnished to the affected appointing authority and the Personnel Officer. Thereupon, the appointing authority and Personnel Officer shall confer on the selection of employees to be laid off. Such designated employees shall be called for a meeting to explain the reason for budget reduction, how they were selected, and time remaining before separation from service is required. The appointing authority shall be guided by the official layoff list in selecting employees, and selection shall be primarily by ranking on the list.

The appointing authority may, however, choose an alternate method of selection which may be utilized 250
46 after approval by the City Manager and consultation with the affected employee association or associations’ representatives. The appointing authority may, with consent of the Council, in the alternative to use of the layoff list, seek voluntary resignation or retirement from employees within the department, or request voluntary reduction in salary and work time by sufficient permanent employees to permit those employees planned for layoff to continue employment on a part-time basis until new funding sources are found or a new job obtained. If the layoff list is waived for use of an approved alternate procedure, said procedure shall be explained in writing by posting on all official bulletin boards for a minimum of five (5) working days prior to adoption and by conference with the affected employee work force.

B. Workload Reduction:

Changes in workload requirements may result from a takeover of a City service by another public agency, change in state law, change in the local economy or population. Such changes will require reduced staffing and can usually be anticipated prior to budget adoption. Whenever an appointing authority discovers such event will occur, and as soon as possible thereafter, written notice of such situation shall be made to the City Manager, the affected employee association, and the affected employees. The latter notification shall be by written notice posted on official bulletin boards and by conference wherever possible. Following notice to the City Manager, the appointing authority shall determine the specific employees impacted by layoff procedures and advise the City manager as to the names, class, salary, and reason for reduction. The appointing authority may request a layoff list as an alternative to this procedure with Council consent.

C, Performance Report:

Any employee subject to layoff under these procedures shall receive from the appointing authority a complete performance report accurately reflecting the employee evaluation before layoff, stating the facts leading to layoff.

D. Re-employment:

The Personnel Officer shall place the names of all employees subject to layoff under these procedures on an employment list for which the employee is qualified and interested. Employees placed on a list for reemployment shall be ranked in order of longevity of employment with the City prior to layoff Placement shall be ahead of all other names thereon appearing. Persons laid off pursuant to these rules shall be certified to all position vacancies subsequently occurring, and for which they are qualified.

The appointing authority shall give first consideration to re-employable eligibles before interviewing or considering alternative appointees. The Personnel Officer shall make a reasonable effort to assist all employees eligible for re-appointment to achieve a job opportunity with the City, or an alternative employer.

E. Layoffs of Temporary Employees:
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47 Layoffs of temporary employees need not be in accord with the provisions of this rule because temporary employees serve at the pleasure of the appointing authority. Temporary employees may be separated from City service at any time by order of the appointing authority.

Section 9-5: ABOLITION OF POSITION:

Whenever, in the judgment of the City Council, it becomes necessary the City Council may abolish any permanent, part-time, or temporary position. Employees transferred, laid off, or demoted because of abolition of positions shall receive written notice of such fact but shall not be subject to written charges, nor shall they have the right of appeal in such cases. When a position is abolished, every effort should be made to transfer the affected employee to a comparable class.

Section 9-6: RESIGNATION:

Section 9-7: RETIREMENT: The City is a member of the Public Employees' Retirement System (PERS) administered and staffed by the State of California under applicable statute. Retirement benefits for member agencies are financed in part by the employee and part by the City. The amount paid is based upon salary and class to which the employee is assigned (safety or miscellaneous).

Application for retirement may be made on the appropriate forms furnished by the Personnel Officer.

Information dealing with eligibility and benefits should be obtained in advance of filing an application for retirement.

In cases where employees may incur job-related injury or illness which prevents full performance of required duties, eligibility for disability retirement may be possible. Such disability may be for partial or full disability. The amount is judged by the appropriate state agency. Application for disability retirement shall be made on the forms provided by the Personnel Officer. The City Manager is authorized to approve members' applications for disability retirement processed to the state.

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48 Section 9-8: VOLUNTARY REDUCTION:

With the approval of the appointing authority and the Personnel Director, an employee who has achieved permanent status at a lower level in the City service, or who meets the employment standards for any lower level in the City service, may voluntarily reduce to that level. Employees who wish to voluntarily reduce to a lower level position shall submit a request in writing to their appointing authority. Voluntary reductions are not considered disciplinary actions.

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49 RULE IXIII

REPORTS AND RECORDS
Section 1013-1: ROSTER PERSONNEL CARDRECORDS:

The Personnel Officer shall maintain a service or roster card personnel record for each employee in the competitive 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. Such records are the official personnel records of each employee.

An employee’s personnel file may be examined by the City Manager, the City’s legal representatives, the Human Resources Manager, the employee’s Department Head, and those individuals authorized by the City Manager or the Personnel Officer.

Employees have the right to examine any portion of their personnel file after submitting a written request. Employees also have the right to file a written exception to anything found in their personnel files. Employees who wish to receive their personnel files should submit a written request to the Personnel Officer or designee. In accordance with the provisions of this Rule and state law, all documents in the possession of the City about an employee may not be available to the employee for review.

Unless otherwise required by law, the only information from the employee’s personnel file which may be publicly released is: Employee’s name; positions held including job descriptions; salary range and other general terms or limits of compensation; and dates pertaining to the employee’s employment.

Section 103-2: PERSONNEL ACTIONS:

Every appointment, transfer, promotion, demotion, termination, change of salary rate, and any other temporary or permanent change in status of employment shall be reported to the Personnel Officer in such manner as may be prescribed, no later than one (1) week before the end of the pay period affected by the change, or the change may not be made until the next pay period.

Section 103-3: ABSENCE REPORT:

An absence report is to be completed for any absence, and signed by the supervisor and/or department head. This form is to be forwarded to the Personnel Officer for filing in the appropriate file.

Section 13-4: MEDICAL RECORDS
An employee’s medical records shall be segregated and stored separately from the rest of the personnel file and maintained in confidentiality in accordance with applicable state and federal 254
50 law. The City Manager, the City’s legal representatives, Human Resources Manager and Department Head (if necessary) are authorized to access such medical information on a case-bycase basis only as authorized by state or federal law. All persons with such authorization shall maintain such information according to the same standards of privacy and protection from unauthorized access as is maintained by the Human Resources Manager. Violations of this policy may result in discipline, up to and including dismissal from employment. Nothing in this policy is intended to extend or expand the scope of employee privacy rights beyond the limits of existing law.

Section 13-5: RECRUITMENT RECORDS
Records gathered during any recruitment process shall be filed and maintained in confidentiality.

The City Manager, the City’s legal representatives, Human Resources Manager, and Department Heads are authorized to access such records. All persons with such authorization shall maintain such information according to the same standards of privacy and protection from unauthorized access as is maintained by the Human Resources Manager. Violations of this policy may result in disciplinary action, up to and including dismissal from employment. Nothing in this policy is intended to extend or expand the scope of employee or applicant privacy rights beyond the limits of existing law.

Section 13-6: PAYROLL RECORDS
The Finance Director shall maintain such records that are necessary for payroll and retirement system purposes. The Human Resources Director, City Manager, the City’s legal representatives, or persons authorized by the City Manager, may inspect such records from time to time in fulfilling his/her duties including, but not limited to, the purpose of administering these rules.

Section 13-7: CHANGE OF EMPLOYEE STATUS OR INFORMATION
It is the responsibility of each employee to notify the Human Resources Manager, within five (5) business days of any change in the employee’s withholding status, home address, telephone number, name or other such information (e.g. marriage, divorce, change in number of dependents, etc.) that might affect the City payroll records and/or other employee benefits such as health and dental insurance benefits, except as otherwise specified by City policy or applicable law.

Section 13-8: DEPARTMENT RECORDS
Each department may keep and maintain such working and supervisor records as may be deemed necessary for the purpose of carrying out the provisions of these rules and the functions of the department. The Department Head and supervisor shall make available to the Personnel Officer or designee all department reports, records and documents dealing with personnel matters as are appropriate. Such department records are considered confidential records.

Section 13-9 PERSONNEL FORMS:
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51 The Personnel Officer shall maintain and furnish to all departments, as needed, a supply of forms to comply with these rules.

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52 Section 13-10: DESTRUCTION OF RECORDS
All records relating to personnel, including correspondence, applications, examination reports, and all other personnel records, may be destroyed pursuant to applicable the laws of the State of California and the City’s Retention Policy as it may be adopted and amended by the City Council.

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53 RULE XIV

PERFORMANCE EVALUATIONS
Section 104-41: EMPLOYEE PERFORMANCE EVALUATIONPOLICY AND PURPOSE OF EVALUATIONS:

Employees in
probationary positions shall receive a written performance evaluation by their supervisors every three (3) months until they become permanent or are terminated. It is the policy of the City that regular reports shall be made on all employees regarding efficiency, competency, conduct and merit. The responsibility shall be borne by the City Manager, the department directors, and their subordinate supervisors. It shall be the responsibility of the Personnel Officer or designee to provide and prescribe the forms and procedures to be used in such performance reports and to assist in the training of supervisory personnel, so that performance reporting will be carried out in a sound, effective and timely manner.

Performance evaluations are an important part of the City’s personnel policies. They provide an objective, consistent, and fair way to gauge each employee’s on-the-job effectiveness. The evaluation process should inform employees of their standing and communicate expected standards of performance. It is also used to discuss City and department goals, employee goals, work standards, areas where improvement is needed, career development potential, and possible opportunities.

Section 14-2: TIMING OF PERFORMANCE EVALUATIONS
During the Employees in
probationary period, an employee will be evaluated positions shall receive a written performance evaluation by their supervisors every three (3) months and prior to acquiring permanent status in a classification. Thereafter, every employee will be evaluated every twelve (12) months.

However, evaluatesions for safety employees shall be made to coincide with the end of a training element or change of shift or division.

An employee may also be evaluated at any time at the discretion of the department head or when the performance of the employee has been rated as or below “Needs Improvement” on their most recent evaluation.

Section 14-3: EVALUATION PROCEDURES
until they become permanent or are terminated.

Every employee shall receive not less than one evaluation annually. Such an evaluation shall be completed prior to the advancement to pay steps within a salary range and at least annually thereafter. Evaluation shall be completed on forms approved for that purpose by the Personnel Officer. Department heads shall be evaluated in a manner and in a form, and at a frequency as may be determined by the City Manager. Whenever, in the opinion of a supervisor, an evaluation of an employee is required other than at regular intervals, a written evaluation shall be made by the 258
54 supervisor. All evaluations shall be reviewed by the employee affected and signed by the supervisor.

Upon completion of the evaluation, the employee shall sign said evaluation to indicate receipt and its discussion with the designated supervisor. The evaluation shall be reviewed by the department head, a copy sent to the employee, and the original filed with the Personnel Officer.

After completion of the evaluation and discussion with the employee affected, the employee shall sign said evaluation to indicate receipt and its discussion with the designated supervisor. The evaluation shall be reviewed and signed by the department head, a copy given to the employee, and original filed with the Personnel Officer.

Within three working days after receipt of the performance evaluation, an employee may, at his/hertheir discretion, submit written comments in response to the evaluation. Said comments shall be submitted to the employees designated supervisor, reviewed by the department head, and the original filed with the Personnel Officer for attachment to the performance evaluation.

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55 Section 14-4: LESS THAN MEETS MINIMUM REQUIREMENTS RATINGS An employee who receives an overall performance rating of less than meets minimum requirements should be rated at a more frequent interval, as provided in these Personnel Rules.

An employee who receives an overall rating of less than meets minimum requirements shall not be eligible to participate in any promotional examinations until at least an overall meets minimum requirements rating has been established.

An employee who receives an overall rating of less than meets minimum requirements shall not be eligible for any salary step advancement until an overall rating of at least meets minimum requirements has been established.

Section 14-5: CONSIDERATION FOR PROMOTION
In promotional examinations and selection of employees, past performance evaluations shall be given consideration.

Section 14-6: NON-APPEALABLE
Employees may attach a reasonable amount of rebuttal material to any evaluation with which they disagree. Written statements in response to an evaluation must be submitted within fourteen (14) days of when the evaluation is provided to the employee in order to be included with the evaluation in the employee’s personnel file. Evaluations are not subject to any form of appeal or grievance.

Section 10-5: PERSONNEL RECORDS AND FORMS:

The Personnel Officer shall maintain and furnish to all departments, as needed, a supply of forms to comply with these rules. The Personnel Officer shall also maintain a file of personnel records relating to each active position in the City service. An employee may inspect records pertaining to their own employment at any time during working hours but may not reproduce, remove, or alter any records without consent of the Personnel Officer. Public access to the same records is subject to written consent of the employee.

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56 RULE XV

EMPLOYEE EXPECTATIONS AND CONFLICTS OF INTERESTS
Section 15-1: GENERAL POLICY:

Employees of the City are required to discharge the duties and responsibilities of the positions with professional integrity, regardless of personal considerations. Employees are expected to recognize that the public interest is their primary concern. The conduct of City employees in their official capacity must be beyond reproach. The Personnel Officer is authorized to establish such lawful policies, procedures and guidelines that regulate the conduct of employees in support of this objective and which are consistent with the City’s Code of Ethics Relating to Administration.

Section 15-2: EMPLOYEE EXPECTATIONS:

No City employee shall engage in any act which is in conflict, or creates an appearance of unfairness or conflict, with the performance of official duties. To meet the standards set forth in this policy, employees must:

A. Disclose all financial interests which may constitute a conflict of interest with official duties, and including disclosure of the nature and extent of any personal interest in any business entity engaging in any transaction with the City as required under the City’s conflict of interest resolution. An employee is participating in any City decision which could affect his or her personal or financial interests in violation of the City’s conflict of interest resolution.

B. Refuse to accept gifts, gratuities, favors, services or promise of future benefit from any person, firm, entity or corporation doing business with the City, where such gift, gratuity favor, service or promise could compromise independence of judgment or action as a public official or employee. Employees should disclose any offer of gift, favor, service or promise to their supervisor immediately.

C. Refrain from engaging in activities or employment that may appear to be, or are incompatible with public duties, whether on or off duty. Employees of the City should not become involved or affiliated with any agency or entity that receives funds from the City, either directly or indirectly, whether that association or affiliation may create a conflict of interest, or an appearance of a conflict of interest or impropriety.

D. Refrain from disclosing, promulgating, using, or validating information concerning City government or other employees and officials which is confidential, or protected without prior authorization, confidential information concerning property or affairs of the City to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the City.

E. Refrain from using any City funds or property for personal or private gain.

Employees must be absolutely honest in all dealings, in whatever capacity, with City funds, properties or facilities
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57 F. Refuse to represent private interests before government agencies in any matter in which the City is a party, or in which the employee’s official position with the City is, or may be, a consideration in or influence the decision of such agency on the matter before it.

G. Comply with the provisions of the Political Reform Act, as regulated by the Fair Political Practices Commission, or any other state or federal laws governing conflict of interest matters.

Section 15-3: GIFTS ON BEHALF OF THE CITY:

The City Manager or designee is permitted to accept a gift, gratuity, or favor on behalf of the City and may distribute such gift, gratuity, and favor as deemed appropriate to City employees and elected officials in accordance with Fair Political Practices Commission regulations, the City’s Code of Ethics, and any other applicable City policy, rule or regulation.

Section 15-4: USE OF PUBLIC PROPERTY
:

No employee of the City shall request, use, or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. City property is to be used solely for the purpose of conducting official City business.

Section 15-5: POLITICAL ACTIVITIES:

Employees are prohibited from using City time or property in any manner for any of the following reasons: to promote any political issue or candidate; to solicit funds for any political purpose; or to influence the outcome of any election.

No employee shall be eligible for appointment or election to any public office (including appointment to a City Board, Commission or Committee) when the holding of such office or position would be incompatible or would substantially interfere with the discharge of official duties.

Section 15-6: OUTSIDE EMPLOYMENT:

Employees may hold outside employment if it is determined such employment will not interfere with the satisfactory performance of their City duties. The determination if outside employment will interfere with City duties shall be made by the department head with the approval of the City Manager. The following is offered as a guide to department heads in evaluating requests for outside employment:

A. The outside work must not interfere with the employee’s effectiveness in his/her City position. Consideration should be given to the number of hours worked outside, the location of the outside employment, and the nature of the duties involved.
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58 B. The outside work must not leave the employee tired or subject to injury in his/her regular position with the City.

C. The outside employment must be such that no conflict arises as to municipal responsibility for an injury incurred in the outside job.

D. The public relations effect of outside jobs should be considered, as well as potential conflicts of interest.

E. The employee must not accept payment for work, which he/she would normally perform as a City employee.

F. An employee may not perform work, which may later be inspected, audited, or reviewed by another City employee.

G. The Department Head with approval of the City Manager may disallow outside employment at any time if it is interfering with the employee’s satisfactory performance of City duties. Employees will have three weeks to terminate outside employment if requested by the Department Head or disciplinary action may be taken.

In order to ensure that such outside employment is not detrimental to the City or is not a conflict of interest, any employee holding or intending to hold outside employment shall complete an written request seeking approval for outside employment. This written request must include the name and address of the business for whom the employee will work, the nature of the work, and the work hours and time. Written requests should be submitted to the department for approval, which will then forward the request to the Human Resources Department for review. If approved, written requests for outside employment must be renewed by January 31st of every subsequent year.

The City Manager or designee is responsible for implementing regulations and procedures for reporting and requesting approval for any outside employment. An employee who engages in any outside employment without written authorization, or who performs work that exceeds the scope of a written authorization, is subject to discipline, up to and including termination. The City Manager or designee may revoke any authorization to engage in outside employment in the City Manager’s sole discretion.

Outside employment is defined to mean any employment, activity or enterprise outside of an employee’s normal City working hours wherein the employee is compensated for specific hours or duties on a regular basis. Outside employment does not include sporadic employment or occasional employment unless the employee is required to perform work related to his/her position with the City or utilize any City owned/controlled facilities, equipment, information, records, supplies, and/or uniforms.
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60 RULE XVII

COMPENSATION
Section 136-1: PREPARATION OF PLAN:

The Personnel Officer shall prepare, for adoption by the City Council, a pay plan covering all classes of positions in the competitive service. No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employee is employed. No change in the salary range of a class may be made without City Council approval.

Such plans shall be reviewed annually in conjunction with the adoption of the annual budget. or in accordance with the requirements of Meyer-Milias-Brown.

Section 163-2: ADOPTION OF PLAN:

The pay plan shall be adopted and may be amended from time to time by action of the City Council.

At the time of consideration, any interested party may appear and be heard. Amendments and revisions to the plan may be suggested to the City Council by filing in writing a request for change and filing same with the City Clerk through the Personnel Officer.

Section 13-3: PROCEDURE TO RECEIVE COMPENSATION:A timecard or department report showing payroll information including hours of work, time off, and special compensation shall be submitted to the Finance Office by the appointing authority for each employee no later than 12:00 noon the first work day after the end of the pay period, which is every other Monday, excepting holidays. Paychecks will be distributed by the Friday following the end of the pay period.

Section 163-43: APPLICATION OF RATES:PLACEMENT ON AND ADVANCEMENT

THROUGH THE PLAN
A. New employees shall be paid at the first step of the salary range for the employee’s classification. The City Manager may authorize original appointment or reinstatement at other than the minimum step shown in the pay plan.

SALARY CHANGES:

B. No salary change shall be authorized which would exceed the maximum rate established in the pay plan for that class.

C. ChangesAdvancement within the salary range shall not be automatic, but shall be based on a merit as established by the employee’s performance increase that is dependent upon the service value of an employee to the City as exemplified byand 265
61 requires the recommendations of the appointing authority , length of service, performance record, special training undertaken, or to other pertinent evidence within the policy established by the pay plan and subject to the approval of the City Manager.

D. As a general practice, eligibility for step advancement consideration will be as follows:

For employees who are appointed or promoted to a regular permanent position, the eligibility date for step advancement consideration will be the day following the after completion of six (6) months service at such step. Thereafter, the eligibility date for step advancement will be the day following theafter completion of twelve months continuous service at such step.

Exceptions to the general practice time limits may be considered by the Personnel Officer and City Manager if, in their opinion, sufficient justification has been submitted by the appointing authority. Except in cases of promotion, all salary adjustments shall become effective on the first day of the payroll period that includes the effective date of the action, unless otherwise specified in these Rules, official City policy or an applicable memorandum of understanding. Salary adjustments due to a promotion shall become effective on the first day of appointment in the promoted position.

Employees who are eligible for a 6th step (or 7th step for members of the Fireman’s Association and Safety Management) as provided in their MOU, shall be awarded said step upon reaching 15 years* of service, AND upon achieving the equivalent of 520 hours of accumulated sick leave for a 40-hour work week (or modified schedule) or 1120 hours of accumulated sick leave for a 56-hour work week. If an employee does not have the required hours upon the 15-year* service date, the step will be granted as soon thereafter as the required sick leave is accumulated. The percentage of the final pay step shall be determined within individual MOUs.

Upon being granted the final step, The employee shall no longer be eligible for Merit Payany further advancement on the salary schedule for the classification. .

Once an employee receives the final step, that level of pay will continue regardless of actual sick leave usage. If sick leave is used by an employee receiving final step, it will accrue at the normal rate, but still may not exceed stated maximums for sick leave accumulation.

In the event an employee is receiving the final pay step, and is promoted to a higher paying position, the employee will move to the pay step of the new position, which is at least 5% more than the current pay rate, and move through the step increases as outlined previously in this section of the Personnel Rules.
*POA members are required to reach 12 years of service to be eligible for the 6th step.
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62 Section 16-54: SALARY UPON TRANSFER OR PROMOTION
A. A transfer of an employee shall not be cause for a change in salary.

B. The salary of an employee who is promoted shall normally be set at the lowest step of the range for the new class which results in an increase of no less than five percent (5%), unless limited by the maximum salary range. The promoted employee’s anniversary date for purposes of any future salary step increase shall be established as the effective date of the promotion.

Section 16-65: SALARY UPON RECLASSIFICATION
A. If an employee’s position is reclassified to a class with a higher salary range than the previous class, the employee’s salary shall be determined in the same manner as if the employee had been promoted.

B. If the salary of a reclassified employee is the same or less than the maximum of the salary range of the new class, the salary of the employee shall not change; provided, however that the employee shall not receive less than the minimum salary established for the class to which reclassified.

C. If the salary of a reclassified employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a “Y” rate and shall not change during continuous City service until the maximum of the salary range to which the class is assigned exceeds the “Y-rate” salary of the employee.

Section 16-76: COMPENSATION FOR TEMPORARY ADDITIONAL RESPONSIBILITY In every City department, subordinate employees may be assigned to temporarily assume the duties of a higher-level position due to a temporary absence of an incumbent. This provides training opportunities to help qualified employees to successfully compete for future promotion.

Acting as relief for a lengthy period of time and assuming the duties of a higher-level position should be recognized by added compensation since a higher level of continuing responsibility is involved.

Whenever a subordinate employee acts as relief for a superior for more than six (6) consecutive working days, the employee will receive a temporary upgrade or acting pay allowance equal to five (5%) of their base pay. This temporary upgrade pay shall become effective on the seventh (7th) working day of the temporary assignment and shall be retroactive back to the first day of the assignment. Upon returning to the responsibility of his/her normal position, the salary allowance will be discontinued. In order for this temporary salary allowance to be granted, the following requirements must be met:
a. The assignment must be made in writing by the City Manager or designee; b. The employee must be assigned to perform a significant majority of the duties of a budgeted position in a higher paid classification; and
c. The employee must be assigned to and perform the duties of the higher level classification 267
63 for more than six (6) consecutive work days.

This section shall not apply to temporary, department head or mid-management personnel, except as determined individually by the City Manager. This section also shall not apply to an “out of class appointment” that is made due to a vacancy for which the City is conducting a recruitment.

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64 RULE XVII

ATTENDANCE, HOURS OF WORK, OVERTIME AND EXPENSES
Section 17-1: WORK SCHEDULE
All employees shall be assigned a regular work schedule as required by the needs of the City. The work schedule for each Department will be established by the Department Head with the approval of the City Manager or designee. The work hours for each employee will be scheduled by the Department Head or designee. Typically, employee work schedules are comprised of five (5) eight (8) hour shifts in a seven (7) day period.

When the efficiency of City services is benefited by variations to the “5/8” work schedule, Department Heads are authorized to prescribe such variations after meeting and conferring regarding the impacts of the work period change with the appropriate recognized employee organization. Except as provided for public safety employees, variations shall not exceed forty (40) hours in a consecutive seven (7) day period.

Except in cases of emergency, the City shall give employee’s five- (5) calendar day’s notice prior to changing their regular work schedule.

Section 17-2: ATTENDANCE
Employees shall be in attendance at work during their regular hours of work and shall not absent themselves during working hours for any reason without prior approval of their supervisor. Failure to obtain approval for an absence may be grounds for disciplinary action, up to and including termination.

Section 17-3: PROCEDURE TO RECEIVE COMPENSATION:

All employees are required to submit accurate and complete time records. Each employee shall sign his/her time sheet verifying the hours worked. It is the responsibility of the employee to make certain his time sheet has been filled out correctly before submitting. The employee’s supervisor shall verify and approve each employee’s accumulated hours of work prior to submitting to the payroll division for payment.

Employee timecards showing payroll information including hours of work, time off, and special compensation shall be submitted to the Finance Office by the appointing authority for each employee no later than 12:00 noon the first work day after the end of the pay period, which is every other Monday, excepting holidays. Paychecks will be distributed by the Friday following the end of the pay period. Records of hours worked, vacation time, compensatory time, sick leave, and holiday accumulated and used, shall be kept by the payroll division.

Section 17-4: WORK WEEK OR WORK PERIOD
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65 The workweek for the City begins at 12:01 a.m. on Saturday and ends 7 days later at midnight on the following Friday. Employees assigned to work an alternative work schedule may have an alternative workweek as designated by the City Manager or the Human Resources Manager. The work period for employees engaged in law enforcement activities shall be a 14-day consecutive period unless otherwise provided in an appliable MOU. The work period for employees engaged in fire protection activities shall be a 14-day consecutive period unless otherwise provided in an applicable MOU.

Section 1073-56: OVERTIME:

It is the policy of the City that overtime work is kept to a minimum and shall be authorized in advance by an employee’s Department Head or designee. Overtime eligible employees are not permitted to work overtime except as authorized and approved. Overtime shall be assigned by the Department Head or designee to meet essential operating needs.

Working overtime without advance approval is a violation of these rules and grounds for discipline, up to and including termination. Employees are expected to report all hours worked in a work-reporting period.

Overtime is compensated at 1.5 times the employee’s regular rate of pay, as defined under the Fair Labor Standards Act (“FLSA”). All overtime entitlements shall be computed to the nearest tenth of an hour (6 minute increments). Employees will be compensated for overtime in accordance with the FLSA.

An employee’s eligibility to receive overtime compensation for services performed shall be determined in accordance with the FLSA. Those employees who are classified as “exempt” under the FLSA shall not be eligible to receive overtime compensation.

Section 17-6: A. Overtime Rates:

Except for employees in management classes, overtime pay is earned at time and one-half for all employees and shall be granted except as otherwise provided. Overtime shall be earned for each hour or portion thereof, but at least one full quarter hour at one time, worked over a regularly scheduled work week. All overtime earned shall be paid in each regular pay period, except as otherwise provided herein. Overtime is not earned for the additional hour in connection with the changeover from daylight savings to standard time. Conversely, time is accounted as standard for the hour when standard time changes to daylight savings time.

B. COMPENSATORY TIME OFF:

An overtime eligible employee may opt to receive compensatory time off (“CTO”) in lieu of cash payment for overtime worked if the employee’s Department Head agrees prior to the overtime work being performed. CTO accrues at a rate of 1.5 hours for each hour of overtime actually worked. Unless provided in a memorandum of understanding, no more than forty (40) hours of compensatory time off may be accrued by an employee
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66 Employees may use CTO only upon the approval of the Department Head or designee. An employee’s request to use accrued CTO will be granted provided that: (1) the Department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee submits the request to use CTO at least five (5) business days prior to the date of requested usage.

If the employee does not provide at least five (5) business days notice or the department cannot accommodate the requested time off, the City will provide the employee with the opportunity to select another day for usage of the CTO.

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67 Earned rate shall be at time and one-half, and any time earned over forty (40) hours shall be paid at the applicable overtime rate. Compensatory time off shall be used in accord with Section 12-1 (H).

C. Overtime Authority:

Permission to work overtime must be granted by the appointing authority or the City Manager prior to overtime being worked. No overtime, except emergencies, may be authorized unless funds have been budgeted for that purpose. All emergency overtime shall be reported to the City Manager and the City Council within one pay period after the performance of the work.

Section 137-7: REIMBURSEMENT FOR DAMAGED CLOTHING OR EQUIPMENT:

The performance of duty for the City may result in a loss or damage to clothing, equipment, or personal property of the employee. Reimbursement for such loss may be permitted by this section in accordance with the procedure set forth. Such reimbursement shall be over and above compensation set forth in the salary plan, uniform allowances, or other payments set forth in these rules.

Reimbursement must be claimed on forms approved by the Finance Director. Payment is subject to approval by the appointing authority, the City Manager, and demands authorized by the City Council. The claim must fully describe the incident leading to the loss or damage and show proof of purchase, replacement, or repair to support the amount claimed. Clothing will be replaced at new value only if purchase receipts are provided which reflect acquisition within thirty days prior to loss or damage. Unless otherwise provided in Memoranda of Understanding of or department rules, the value will be prorated on older items up to three years.

Section 13-8: COMPENSATION FOR TEMPORARY ADDITIONAL RESPONSIBILITY:

Any employee assigned to a higher management or supervisory position where there is a temporarily unfilled position for more than fifteen working days shall receive additional compensation of at least five percent (5%) over base pay. Such additional compensation terminates upon assumption of the duties by a regular employee to an open position.

All assignments of temporary additional duty shall be approved by the City Manager. Allowances beyond five percent (5%) may be approved by the Council upon a finding of special circumstances to warrant such special adjustment.

Section 1317-98: REIMBURSEMENT OF EXPENSES:

The City shall provide full reimbursement for all approved expenses incurred in the performance of duties or required by the appointing authority. Such reimbursement is over and above compensation provided for in the salary plan for the assigned position or provided for in these rules. All employees, including elected officials, are eligible for this reimbursement when claimed 272
68 pursuant to this section. The City Manager or designee is responsible for establishing policies and procedures for reimbursement of approved travel related expenses.

A. Travel Expenses:

All expenses incurred in the performance of duties for the City and while on official business for the City are eligible for reimbursement pursuant to the following requirements:

1. Each trip must be separately approved by the City Manager. A separate claim is to be filed on forms approved by the Finance Director. Payment of such claims is subject to authorization by the appointing authority, the Finance Director, and authorization for payment of demands by the City Council for all employees except elected officials, City Manager, and City Attorney. The latter named exceptions are eligible for payment upon approval of funds by the Finance Director and approval of demands by the City Council.

2. Reimbursements will be made for the actual cost for travel expenses incurred in accord with the latest travel policy adopted by the City Council; provided, however, that lodging and commercial transportation costs shall be supported by itemized receipts. The claim form shall be an affidavit of true expense for those items not supported by a receipt. All employees shall use normal purchase procedures in advance of travel dates whenever possible, to permit accommodations and transportation to be paid directly by the City.

3. Expenses may be advanced for an approved trip in accord with the latest travel policy adopted by the City Council. The Finance Director is authorized to issue such advances with approval of the City Manager without need for approval by the Council. The Finance Director is further authorized to recover such advance as a deduction from salary if the trip is not made in the approved manner or purpose, if the advance is not already returned, or if the actual costs when reimbursed are less than the funds advanced.

4. With prior approval of the City Manager, use of private vehicles may be authorized when official travel is not by means of commercial transportation service. The authorized rate of reimbursement of travel costs when use of private vehicle is approved shall be that rate set by the Council. Such prior approval can be withheld and round-trip air fare may be paid in lieu of transportation costs when such air fare is deemed to be less than the cost of use of a private vehicle. In all cases the maximum air fare reimbursement is limited to coach fares to the nearest destination city.

B. Miscellaneous Expenses:

Purchase of supplies and operating equipment may be necessary from time to time at the expense of the employee. Such purchase must be approved by the appointing authority and the City MangerManager, and is limited to such circumstances or conditions where normal purchase procedures are not permissible or practical. Full reimbursement shall be claimed upon forms approved by the Finance Director and limited to appropriations authorized in the budget and approved by the Council for payment.

Section 13-10: PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS):
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69 Permanent City employees shall be contributing members of PERS as appropriate for the class to which the employee is assigned, and in accordance with the regulations set forth by PERS.

Other employees will become eligible for PERS membership in accordance with the regulations set forth by PERS.

Section 13-11: DEFERRED COMPENSATION: A deferred compensation program has been established which allows eligible permanent employees to participate in accordance with applicable rules and regulations.

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71 RULE XIVIII

PROBATIONARY PERIOD
Section 148-1: OBJECTIVE OF PROBATIONARY PERIOD:

The probationary period shall be regarded at a part of the testing and selection process and shall be utilized for closely observing the actual performance on the job and for securing the most effective adjustment of a new employee to City service.

Section 148-2: PROBATIONARY PERIOD FOR REGULAR AND PROMOTION APPOINTMENT:

Every original appointment shall be subject to a probationary period of not less than twelve (12) months from the date appointed to the position, except for original appointments to sworn/safety positions in the Police and Fire service. The probationary period for original appointments to sworn/safety positions in the Police and Fire service shall be eighteen (18) months from the date of appointment.

Every promotional appointment shall be subject to a probationary period of not less than six (6) months from the date promoted to the position, except for promotional appointments in the Police and Fire service. The probationary period for promotional appointments in the Police and Fire service shall be twelve (12) months from the date of promotion.

Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which the employee is transferring, provided the employee has completed the probationary period for the classification at the time of transfer.

The probationary period of an employee who is absent from work, temporarily reassigned to work in another classification, or temporarily assigned to perform modified or light duty work will be automatically extended by the same amount of time as the absence or reassignment, so as to result in a probationary period of actual active duty in the regular position for the required length of time to complete the applicable probationary period, subject to applicable law.

TheAt the discretion of the appointing authority, may extend an employee’s probationary period may be extended by up to six (6) additional months for a total maximum probationary period of eighteen (18) month for regular employees, except for appointments to sworn/safety positions in the Police and Fire service which may be extended to provide for a maximum probationary period of twenty-four (24) months. Notice to extend an employee’s probationary period must be in writing from the appointing authority or designee and approved by the Personnel Officer. Every employee serving a probationary period of twelve (12) months or longer shall receive a written performance evaluation at least every three (3) months during their probationary period. Every probationary employee serving a probationary period of six (6) months shall receive a written performance evaluation at least every two (2) months during their probationary period.

Probationary employees maybe rejected at any time as provided in Section 11-3. If the employee 276
72 is to be retained in the position after completion of the probationary period, the appointing authority shall file with the Personnel Officer, prior to the end of the probationary period, a statement in writing to such effect and recommend retention of such employee on a permanent basis. If the probationer is to be rejected or the probationary period extended, the appointing authority shall file with the Personnel Officer, prior to the end of the probationary period, a written statement that the employee is to be rejected and not retained in the position.

Following a written request from the appointing authority and approval of the Personnel Officer, an extension of probation for promotional appointments may be made for any period of time not to exceed three (3) months. Only one extension may be authorized for any employee. Probationary periods for original appointments may be extended only if the employee is off from work due to a leave-without-pay or an injury-on-duty and then only for the actual time the employee was absent from work or unable to perform their regular duties.

Section 148-3: REJECTION OF PROBATIONER:

During the probationary period, Aa probationary employee may be rejected at any time by the appointing authority without right of appeal. Notification of rejection will result in termination of the probationer. Written notice of such rejection shall be served on the probationer with a copy filed with the Personnel Officer. An employee who is rejected during the probationary period has no right to appeal or grieve the decision to reject.

Section 18-4: REJECTION FOLLOWING PROMOTION
In addition, aA probationary employee who has previously completed their initial probationary period with the City and who is rejected from a promotional appointment during the probationary period for that promotional appointment shall be counseled as to the reasons for the rejection. A probationary employee rejected from an appointment to a promotional position within City service shall be reinstated to the original position from which the promotion occurred, unless charges are filed and the employee is discharged from City service. . Such return to a former position shall be without lose of vacation, sick leave and other rights and privileges.

Any employee appointed to a position who is replaced by a rejected probationer returning to such position shall be eligible for layoff procedures as provided herein.

277
73 RULE XIXVII

ATTENDANCE AND LEAVESEMPLOYEE BENEFITS
Section 19-1: PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) Eligible City employees shall be contributing members of PERS as appropriate for the class to which the employee is assigned, and in accordance with the requirements set forth by PERS.

Other employees will become eligible for PERS membership in accordance with the requirements of the Public Employees Retirement Law and the Public Employees Pension Reform Act and supporting regulations.

Section 19-2: DEFERRED COMPENSATION
A deferred compensation program has been established which allows eligible permanent employees to participate in accordance with applicable rules and regulations.

Section 195-31: OFFICIAL CITY HOLIDAYS:

Public offices of the City shall be closed on the following days except as otherwise provided herein:

1. January 1

2. January 16Martin Luther King Jr. Day

3. The third Monday in FebruaryPresident’s Day

4. The last Monday in May Memorial Day

5. Juneteenth 19

6. July 4Independence Day

7. The first Monday in SeptemberLabor Day
September 9

8. The second Monday in OctoberIndigenous People’s Day

9. November 11Veteran’s Day

10. Thanksgiving Day

11. The Friday immediately following Thanksgiving Day

12. December 24 Christmas Eve from 12:00 noon until closing, unless December 24Christmas Eve occurs on a Saturday, Sunday, or Monday, in which event this shall not be designated as a holiday; provided, however, that with consent from the appointing authority employees may choose an alternate one-half (1/2) day off per year in lieu of December 24.the previous business day will be recognized as the holiday.

13. December 25Christmas Day
Except for Christmas Eve and Christmas, ifIf January 1, February 12, July 4, September 9, or December 25If a holiday falls on a Saturday;, the holiday will be observed on the preceding Friday and if a holiday falls on a Sunday, it will be observed on the following Monday. 278
74 preceding shall be a holidayIf; Christmas Eve falls on either Saturday or Sunday, the holiday will be observed on the preceding Friday. If Christmas Day falls on Saturday or Sunday, the holiday will be observed on if a holiday other than Christmas Eve any such day falls on a Sunday, thethe following Monday following shall be a holiday.

One additional day off per year shall be granted for each full- time employee in the competitive service; provided, however, such day shall be taken with the prior approval of the appointing authority. Such day shall be non-accruable and shall be taken prior to the last day of the last full pay period in the calendar year or forfeited.

Section 19-4: VACATION LEAVE:

Unless otherwise provided in a City Resolution, Memorandum of Understanding, agreement approved by the City Council, or applicable law, employees are not provided with paid vacation time off.

The purpose of annual vacation leave is to allow such permanent employees an annual break for the purpose of maintaining a good emotional and physical condition and to assist every employee in achieving a work break.

A. Entitlement to take vacation:

All employees in permanent positions shall be entitled to take vacation leave with pay.

Vacation may be taken following completion of six (6) months service in a permanent position.

B. Computing vacation:

For the purpose of computing accrued vacation leave, permanent employees who are scheduled to work less than the number of hours established as full-time shall be credited with vacation on a prorated basis considering the number of hours worked. Vacation leave for permanent fulltime employees shall be earned in accordance with the following schedule:

1. First Five (5) Years of Employment:

Eighty (80) hours per year, except Fire Department employees on twenty-four (24) hour shifts who shall earn 144 hours per year.

2. Six (6) to Ten (10) Years of Employment:
279
75 One hundred twenty (120) hours per year, except Fire Department employees on twenty-four (24) hour shifts who shall earn 168 hours per year.

3. From the Start of the Eleventh (11) Year of Employment: One hundred sixty (160) hours per year, except Fire Department employees on twenty-four (24) hour shifts who shall earn 224 hours per year.

C. Timing of Vacation:

The time when an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard to the needs of the service. An employee may elect to take all or part of earned vacation or may carry over to the next service year all or part of earned vacation as approved by the department head. If the requirements of the service are such that an employee cannot take part or all of the annual vacation in a particular year, such vacation should be taken during the next following twelve (12) months, at the discretion of the department head.

The total number of vacation hours which may be accrued at any time during a calendar year shall not be limited provided, however, the total number of vacation hours which the employee shall be entitled to carry over from one calendar year to the next, if he/she so desires shall be limited to the hours equivalent of thirty (30) working days. Thirty (30) working days is defined as 240 hours for personnel on 40 hour work weeks and 336 hours for fire personnel on a 56 hour work week.

This limitation shall be imposed on the last day of the last full pay period of the calendar year.

Nothing in this section shall be deemed to allow any employee to be paid for any accrued vacation which is in excess of the hours equivalent of thirty (30) working days carry over limitation. Every employee shall be encouraged to take vacation every year and may be required by the department to take sufficient vacation to keep their vacation balance under the hours equivalent of thirty (30) working days limitation. Should an employee refuse to schedule or once scheduled, decide not to take vacation so that the vacation accumulation will exceed the hours equivalent of thirty (30) working days as of the last day of the last pay period in the calendar year, said employee shall have their vacation balance reduced to the hours equivalent of thirty (30) working days limitation and shall not be paid for hours in excess of the maximum. Should the department refuse to allow an employee to take vacation, and said employees vacation balance exceeds the hours equivalent of thirty (30) working days by the last day of the last pay period in a calendar year, said employee will be paid the cash equivalent of earned vacation over the hours equivalent of thirty (30) working days limitation which cannot be taken. Every employee shall be encouraged to take vacation every year. No person shall take vacation in excess of thirty working days without the written authority of the department head and City Manager.

D. Pay for Unused Vacation:
280
76 Upon termination from employment with the City, every permanent or probationary employee who has served the City six (6) months or more from his/her base anniversary date shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position upon the date of termination.

E. Holidays During Vacation:

In the event one or more holidays falls within an employee's annual vacation leave, such holiday shall not be charged as vacation leave; provided, however, vacation shall be charged to those employees who receive regular holiday pay for such time.

F. Vacation as Sick Leave:

A permanent employee, or probationary fire or police employee employed for a period longer than six (6) months from the base anniversary date, may use vacation leave upon the exhaustion of accrued sick leave and compensatory time, where applicable.

An employee evaluation and change of status form, where applicable, shall be submitted to the Personnel Officer, along with the statement, not later than one week before the end of the probationary period.

Any probationary employee who is not rejected or whose probationary period is not extended by midnight of the last day of the probationary period is deemed to have completed his/her probationary period.

G. Partial Vacation:

Employees may use earned vacation time in increments of less than one day,subject to the approval of the appointing authority.

H. Requesting Vacation:

Vacation requests may be made at any time by an employee on the forms approved by the appointing authority. However, requests should be processed a minimum of ten (10) working days prior to start of vacation to permit proper planning of staff needs and work assignments.

Vacation approval procedure may vary between departments to reflect staffing needs.

Section 195-25: SICK LEAVE - General:

Unless otherwise provided in these rules, a City Resolution, Memorandum of Understanding, agreement approved by the City Council, or applicable law, an employee will be provided with sick leave as required by applicable lawin accordance with the City’s sick leave policy. The Personnel Officer or designee is responsible for developing and administering procedures to be 281
77 followed by employees when requesting or using any applicable sick leave benefits. provided in this rule. Sick leave with pay shall be granted to all permanent and probationary employees in accordance with applicable law. Sick leave shall not be taken at the discretion of the employee, but shall be allowed only in case of necessity for personal sickness or disability, sickness in the immediate family, or pregnancy disability leavefor the reasons provided in this rule.

Section 19-6: Sick Leave – Regular Employees
Sick leave with pay shall be granted to all permanent and probationaryregular employees. Sick leave shall not be taken at the discretion of the employee, but shall be allowed only in case of necessity for personal sickness or disability, sickness in the immediate family, or pregnancy disability leave, or as otherwise required by law.

Computing Accrual of Sick Leave:

A. Unless otherwise provided in a MOU, each permanent or probationaryregular employee shall earn sick leave at the rate of one (1) work day for each calendar month of service. A regular permanent employee who regularly works less than the number of hours established as full-time shall be credited with prorated sick leave based on the number of hours worked per month. For purposes of computing sick leave provided under this Rule, a work dayworkday shall be considered as onefifth (1/5) the number of working hours in the established work week for each employee.

Use of Sick Leave:

B. To receive authorized use of sick leave, each employee unable to work because of personal or immediate family sickness/disability or otherwise qualifying reason is responsible for notification to the appointing authority. In the absence of the appointing authority, the Personnel Officer shall be notified. Such notice may be verbal and made by the employee unless unable to do so. Such notice is to be made prior to or within one hour of the assigned start of work whenever possible. Illness or injury on the job which requires leaving the work location shall be reported to the appointing authority as soon as possible. Failure to comply with these notice requirements will result in time absent from work charged as absent without authorized leave and without pay. The appointing authority, City Manager, or Personnel Officer may require a signed statement from the employee’s physician, practitioner, or other professional person certifying the reasons for any sick leave absence. In the event the employee is not attended to by a professional person, an affidavit must be filed by the employee reporting the reason for absence, length of absence, and means of assistance utilized to deal with absence cause. Failure to comply with these requirements will result in time absent from work being charged as absent without authorized leave and without pay. All certificates of absence shall be filed with the Personnel Officer at the time of return to work.

C. The appointing authority may require a sick leave physical as a condition of returning to work after use of sick leave. Such sick leave physical shall be scheduled prior to return to work and the certificate of the attending physician 282
78 authorizing return to work shall be received by the appointing authority prior to reemployment commencement. Each physical ordered hereunder shall be paid for by the City. If a certification of work return is not issued, sick leave shall be continued until exhausted. The certificate of the physician is to be filed with the Personnel Officer.

D. As a general rule, not more than five (5) days sick leave each calendar year should be taken in case an employee’s presence is required elsewhere because of sickness, death, or disability of members of the immediate family. The immediate family or designee shall be defined in accordance with applicable law. In each case, sick leave shall be granted when it is the opinion of the department head that the relationship of the sick or disabled person to the employee and the circumstances applicable to the case justifies sick leave approval.

Pay for Unused Sick Leave:

E. Unused sick leave may be accumulated and payment for portions of accumulated but unused sick leave will be made as follows:

1. 2. Retiring Personnel: Any permanent employee retiring from City service shall receive, in addition to any other retirement benefits, payment of sick leave as described in the designated Memorandum of Understanding,

32. Termination After Ten Years: Any regular employee leaving the City service after ten years of satisfactory service from the base anniversary date shall receive, in addition to all other eligible payments, an amount equivalent to one-half (1/2) of accumulated sick leave earned during service with the City which has not been used up to a maximum of 260 hours.

3. 4. Personnel Who Die While iIn Active Service: The estate of any permanent employee who dies while in active service shall be paid an amount equivalent to three-fourths (3/4) of all accumulated sick leave such employee has earned during service with the City which has not been used until the date of death, . Oor as otherwise stipulated in the corresponding MOU. Unless otherwise provided by law, Payment payment made in on behalf of the deceased pursuant to this section shall be paid to any person so designated in writing by the employee or the heirs of the employee. Such statement must be filed with the Personnel Officer.

For the purpose of this section, the amount equivalent to accumulated sick leave shall be determined by applying the most recent approved rate of pay for the position of the employee to the accumulated sick leave. 283
79 Section 19-7: Catastrophic Leave Bank
A. Eligibility: Eligible employees will be able to donate and receive donations of paid leave to be included in their sick leave balance for employees who are:

1.) Regular full-time employees;

2. ) Have sustained or have an immediate family member who has sustained a life-threatening or debilitating illness, injury or condition which may require confirmation by a physician;
, 3. ) Have exhausted all accumulated paid leave, including vacation, sick leave, PTO, and/or compensatory time off; ,

4. ) Be unable to return to work for at least a total of 30 days in a calendar year or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care (; Lleave may be intermittent); and

5.) Conformed with the requirements of the Family Medical Leave Act and/or Worker’s Compensation.

SECTION 15.3.1: BENEFITSBenefits:

B. Accrued sick, vacation, PTO and compensatory time off hours donated by employees will be converted to sick leave and credited to the Catastrophic Leave Bank (CLB) as sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue. The total leave credits received by an employee will not normally exceed 6 weeks. However, if approved by the Department Head and the Human Resources Manager or his/her designee the total leave credits may be extended on a case- by- case basis, subject to review by the City Manager or designee.

SECTION 15.3.2: PROCEDURE

Procedures:

The recipient employee submits a written request to the Human Resources Department to initiate the process. This can be done via email. An established form needs to be completed by the employee requesting leave hours donation.

1. The recipient employee is not eligible so long as they have any paid leave available; however, the request may be initiated prior to the anticipated date leave balances will be exhausted.

2. Accrued sick leave, vacation leave, PTO, and compensatory time off may 284
80 be donated by any regular full-time employee who has completed his/her initial City probationary period. Donor information and the number of hours donated are confidential.

3. 4. Time donated will be converted from vacation, sick, compensatory time, or PTO to sick leave hours and credited to the CLB sick leave time on an hourfor-hour basis and shall be paid at the rate of pay of the receiving employee.

The total amount of time donated to the CLB shall not exceed forty (40) hours by an employee in a Fiscal Year.

5. The total leave credits received by the employee shall not exceed 6 weeks or 240 hours; however, the City Manager may approve an extension up to 12 weeks or 480 hours total time.

6. An employee cannot donate leave hours that would reduce his/her sick, vacation balance, or PTO hours to less than 120 hours each.

7. Donations of sick, vacation, PTO and/or compensatory time shall be made in increments of full hours. Donations are irrevocable. Unused hours remaining when the recipient returns to work or terminates employment will be returned to the CLB. The Recipient will not retain any sick leave hours donated after they return to work or
separate from employment.

8. Donating employees must complete the Catastrophic Leave Donation Request Form.

9. Requesting employee must complete the Catastrophic Leave Application/Request Form stating the specific reasons why the employee is requesting additional paid leave from the CLB. This information will remain confidential.

10. 285
81 11. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation.

A. Computing Accruing Sick Leave:

Each permanent or probationary employee shall earn sick leave at the rate of one (1) work day for each calendar month of service. A permanent employee who regularly works less than the number of hours established as full-time shall be credited with prorated sick leave based on the number of hours worked per month. For purposes of computing sick leave, a work day shall be considered as one-fifth (1/5) the number of working hours in the established work week for each employee.

Employees will
B. Use of Sick Leave:

Employees may use sick leave beginning on their ninetieth (90th) day of employment with the City. Employees using sick leave must use a minimum of at least 2 hours of sick leave. Sick leave hours used will be paid at the employee’s regular rate of pay.

Employees may use sick leave when they need to absent from work for the following reasons:

1. For their own illness, injury or medical condition;

2. To attend to the illness or injury of the employee’s spouse, child, domestic partner, parent, legal guardian or ward, sibling, grandparent, or grandchild. For purposes of this policy, time taken to care for a child, parent, sibling, grandparent or grandchild is not limited only to biological relationships, but also applies to those resulting from adoption, step-relationships and foster care relationships. Child includes an employee’s biological child, the child of an employee’s spouse or registered domestic partner and the child of a person standing in loco parentis. In addition to the family members listed, employees may designate a person for whom they would like to use sick leave at the time leave to care for that designated person is first requested. Once designated, an employee can change their designated person once in a calendar year.

Employees requesting to make or change a designation should contact Human Resources.

3. Because the employee is a victim of domestic violence, sexual assault or staking and is absent due to: seeking medical attention or treatment; psychological counseling; obtaining services from a domestic violence shelter, program or rape crisis center; safety planning; or seeking judicial relief arising from domestic violence, sexual assault or stalking. 286
82 Notification
To be eligible to receive paid sick leave, employees must provide reasonable advance notice of a foreseeable absence (e.g., a doctor’s appointment). When an employee requests to the use sick leave for an unforeseeable absence, the employee shall notify their Department Director or supervisor prior to the time set for reporting to work, or as soon as the employee is aware that he/she will be unable to report to work, including the reason for requiring such leave. Failure to reasonably provide notice, or otherwise comply with this Rule, may be grounds for denial of such leave with pay or disciplinary action.

Proof of Illness/Injury
The City has the right to determine by reasonable means and consistent with state and/or federal law, the validity of any sick leave usage by any employee, including requesting that an employee submit appropriate documentation in support of an employee’s absence and use of sick leave..

If it is determined that an employee has engaged in the abuse of sick leave, the employee may be subject to disciplinary action, up to and including termination. Abuse of sick leave means the misrepresentation of the actual reason for taking sick leave, using sick leave for unauthorized purposes, failure to report or record sick leave, and may include chronic, persistent, or patterned use of sick leave.

C. Release to Return to WorkTo receive authorized use of sick leave, each employee unable to work because of personal or immediate family sickness/disability is responsible for notification to the appointing authority. In the absence of the appointing authority, the Personnel Officer shall be notified. Such notice may be verbal and made by the employee unless unable to do so. Such notice is to be made prior to or within one hour of the assigned start of work whenever possible. Illness or injury on the job which requires leaving the work location shall be reported to the appointing authority as soon as possible. Failure to comply with these notice requirements will result in time absent from work charged as absent without authorized leave and without pay. The appointing authority, City Manager, or Personnel Officer may require a signed statement from the employee's physician, practitioner, or other professional person certifying the reasons for any sick leave absence. In the event the employee is not attended to by a professional person, an affidavit must be filed by the employee reporting the reason for absence, length of absence, and means of assistance utilized to deal with absence cause. Failure to comply with these requirements will result in time absent from work being charged as absent without authorized leave and without pay.

An employee returning from the use of sick leave may be required to provide a statement/certification to Human Resources from their attending physician attesting to the employee's ability to resume work. If an employee is not released to full duty, the employee may be required to provide a written statement from his/her attending physician to Human Resourcesthat specifically defines the employee's functional limitations. The City may, when consistent with state and/or federal law, require a fitness for duty evaluation of an employee returning from sick leave employee. All certificates of absence shall be filed with the Personnel Officer at the time of return to work.The appointing authority may require a sick leave physical as a condition of returning to work after use of sick leave. Such sick leave physical shall be scheduled prior to return to work and the certificate of the attending physician authorizing return to work shall be received by the appointing authority prior to re-employment commencement. Each physical ordered hereunder 287
83 shall be paid for by the City. If a certification of work return is not issued, sick leave shall be continued until exhausted. The certificate of the physician is to be filed with the Personnel Officer.

As a general rule, not more than five (5) days sick leave each calendar year should be taken in case an employee's presence is required elsewhere because of sickness, death, or disability of members of the immediate family. The immediate family shall consist of the spouse, children, parents, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent. In each case, sick leave shall be granted when it is the opinion of the department head that the relationship of the sick or disabled person to the employee and the circumstances applicable to the case justifies sick leave approval.

CF. Pay for Unused Sick Leave:

Unused sick leave may be accumulated and payment for portions of accumulated but unused sick leave will be made as follows:

1. Active Employees: Any employee in the competitive service having in excess of one hundred (100) days of accumulated sick leave shall receive, semi-annually in addition to all other pay and allowances due, an amount equivalent to one-half (1/2) of all accumulated sick leave in excess of one hundred (100) days to the credit of the employee. Sick leave for which payment is made pursuant to this paragraph is no longer deemed accumulated. The remaining, unpaid portion of sick leave in excess of one hundred (100) days is dropped from the records as though not earned.

2. Retiring Personnel: Any permanent employee retiring from City service shall receive, in addition to any other retirement benefits, an amount equivalent to three-fourths (3/4) of all accumulated sick leave earned during service with the City which has not been used.

3. Termination After Ten Years: Any employee leaving the City service after ten years of satisfactory service from the base anniversary date shall receive, in addition to all other eligible payments, an amount equivalent to one-half (1/2) of all accumulated sick leave earned during service with the City which has not been used.

4. Personnel Who Die While In Active Service: The estate of any permanent employee who dies while in active service shall be paid an amount equivalent to three-fourths (3/4) of all accumulated sick leave such employee has earned during service with the City which has not been used until the date of death.

Payment made in behalf of the deceased pursuant to this section shall be paid to any person so designated in writing by the employee or the heirs of the employee. Such statement must be filed with the Personnel Officer. 288
84 For the purpose of this section, the amount equivalent to accumulated sick leave shall be determined by applying the most recent approved rate of pay for the position of the employee to the accumulated sick leave.

289
85 RULE XX

LEAVES OF ABSENCES
Section 20-1: GENERAL
The City will provide employees with those leaves that are required by law. The Personnel Officer or designee is responsible for developing and administering procedures to be followed by employees when requesting or using any leaves provided by applicable statutes.

Section 2015-124: WORKERS’ COMPENSATION:

The City provides Workers’ Compensation benefits in accord with the applicable laws of the State of California.

Employees injured in the performance of their duties shall be eligible for all rights, privileges and compensations provided for under the City’s workers’ compensation plan. The Personnel Officer or designee is responsible for administration of the City’s workers’ compensation plan.

In order to receive benefits under Workers’ Compensation, information must be provided promptly and accurately on the forms and in the manner provided.

Section 1220-15-13: LEAVE FOR WORK RELATED INJURY OR ILLNESS:

Safety Employees:

A. Any permanent or probationary employee designated as a safety member as defined in these rules who has suffered any disability arising out of and in the course of his/hertheir employment, as defined by the Workers' Compensation Laws of the State of California, shall be entitled to the period of such disability to a maximum of one (1) year or until retirement, whichever occurs first. During the period the employee is paid by the City, the employee shall assign or endorse to the City any benefit payments received as the result of the City's worker's compensation insurance coverage.

In the event that the payment received by the employee is not endorsed to the City, a payroll deduction for the amount of the payment will be made the payroll period following notification to the City by Worker's Compensation that the check has been issued to the employee. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by workers' compensation.

The benefits of sick leave and disability leave shall be mutually exclusive and no disability leave may be used for the purposes specified under Rule Ssection 12-2; no sick leave benefits may be used for the purposes specified under this Section.

These employees shall continue to accrue sick leave and vacation leave benefits and receive payment for holidays during the period of disability to a maximum of one (1) year or until retirement, whichever occurs first.

B. OtherNon-Safety Employees
290
86 : When a non-safety member employee is absent from work due to an injury or illness arising out of or in the course of his/her employment, and for which the employee receives Workers’ Compensation payment, the employee shall continue to receive a bi-weekly paycheck from the City in an amount not to exceed his/her standard rate of pay for a period of three (3) months from the date the work related injury occurred or the work related illness commenced in accordance with the following provisions:

1. Every check the employee receives from Workers’ Compensation shall be endorsed over to the City for deposit in the salary account of the City during this three (3) month salary continuation period. In the event that the payment received by the employee is not endorsed to the City, a payroll deduction for the amount of the payment will be made the payroll period following notification to the City by Workers' Compensation that the check has been issued to the employee.

2. During the three (3) month salary continuation period, the employee's health benefits and retirement benefits shall be continued by the City. The employee shall accrue sick leave and vacation leave benefits during the time he/she is absent due to a work-related injury or illness and receives a bi-weekly paycheck from the City.

3. If the employee is still unable to return to work after this three (3) month period, the employee's accumulated unused sick leave benefits shall be integrated with his/her Workers' Compensation payment in the amount necessary to provide the employee's regular bi-weekly paycheck. Such integration shall continue until the sick leave benefit balance is exhausted, provided that the employee continues to endorse over to the City his/her Workers' Compensation check or appropriate payroll deductions are made as provided herein.

4. At such time as the employee is no longer eligible to receive a bi-weekly paycheck, the employee shall be placed on a leave of absence without pay for a period of time not to exceed six (6) months. At the completion of the approved leave of absence, the City Manager shall review the employee’s employment status with the City to determine if his/her employment should be continued.

Section 15-4: WORKERS’ COMPENSATION:

The City provides Workers’ Compensation benefits in accord with the applicable laws of the State of California.

In order to receive benefits under Workers’ Compensation, information must be provided promptly and accurately on the forms and in the manner provided.

Section 2015-35: MILITARY LEAVE:

Military leave shall be granted in accordance with all applicable provisions of State and Federal law. All employees entitled to military leave shall give the department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 291
87 Section 2015-46: LEAVE OF ABSENCE WITHOUT PAY:

An employee who needs a leave of absence from work shall file a written request with the Human Resources Manager. The request shall include the employee’s name, job title, beginning and ending dates of the requested leave, and a full statement for such a request. A request for personal leave shall be made on forms prescribed by the Human Resources Department. The request shall normally be initiated by the employee, but may be initiated by the employee’s Department Head.

A personal leave may be granted for the following reasons:

1. Illness or non-job related disability, including pregnancy, beyond or in lieu of that covered by FMLA, PDL or other available leave; or

2. Other extraordinary circumstance, subject to the discretion of the City Manager.

Upon written request from an employee setting forth the reasons for the requested leave, and upon the recommendation of the Human Resources Manager, the City Manager or designee may approve an employee’s request for leave under this policy. Unless otherwise required by applicable law, leave provided under this policy shall be limited to no more than three (3) months.

An employee on a personal leave of absence is required to use all available paid leave accruals during the employee’s absence. Unless required by law, the City will not maintain any contributions towards group insurance programs or retirement benefits for any employee on an unpaid leave of absence. Instead, the employee will be permitted to continue coverage as allowed under law.

An authorized leave of absence without pay shall not be construed as a break in service. Rights accrued at the time leave is granted shall be retained by the employee. However, vacation leave accruals, sick leave accruals, paid holidays, increases in salary, or other Department paid benefits will not be provided during theany period of unpaid leave. period of the leave.

An employee returning from a personal leave may be required to provide medical documentation indicating the employee’s fitness to return. Failure to provide requested medical documentation may delay an employee’s return to work. If an employee requests to return to work prior to the scheduled end of his/her leave, the employee must first request approval from the Human Resources Manager at least three (3) days prior to the date of returning to work. The Human 292
88 Resources Manager may request substantiating evidence (e.g., medical examination or doctor’s written release).

Upon expiration of a regularly approved leave, the employee shall be reinstated to the same or similar position held at the time leave was granted or to an equivalent position, except that an employee on leave shall have no greater right to return to a position than if the employee had not been on leave. Failure on the part of an employee to report to work promptly at the expiration of leave may be deemed to be a voluntary resignation. The Personnel Officer, upon recommendation of the appointing authority, may grant a permanent employee leave of absence without pay and without accumulation of seniority for a maximum of three (3) months, except as provided in Section 12-7. No such leave shall be granted except upon written request of the employee, setting forth the reason for the leave. Approval of the Personnel Officer must be obtained in writing.

Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee to return from leave promptly at its expiration shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for not more than one (1) calendar week.

Continuation of medical insurance during any leave of absence may be approved by the City Manager upon receipt of a request from the employee and agreement of the employee to pay all premiums for employee and dependents, where applicable, while on leave. Such approval is to be obtained prior to leave being taken. Payment of premiums is to be made to the City prior to the start of each month of approved absence.

Section 20-5: FAMILY AND MEDICAL LEAVES
The Family Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) provide eligible employees with a right to leave, health insurance benefits and with some limited exceptions, job restoration. The Personnel Officer or designee is responsible for preparing procedures which describe the process for requesting FMLA/CFRA and an employee’s rights while on an FMLA/CFRA leave.

Section 2015-67: PREGNANCY DISABILITY LEAVE:

An employee who is disabled due to pregnancy, childbirth or related medical condition is eligible to take pregnancy disability leave (“PDL”) as provided under State law. An employee who is disabled due to pregnancy or related medical condition is also entitled to a reasonable accommodation as provided under State law. The Personnel Officer or designee is responsible for preparing procedures which describe an employee’s rights to PDL or a reasonable accommodation under this Rule. An employee who becomes pregnant shall be entitled to use accrued leave balances for absences due to disability on account of pregnancy in the same manner as any other employee temporarily disabled from work. An employee who is disabled on account of pregnancy may request, and be granted, a leave without pay in the same manner as any other employee. 293
89 Section 1520-78: JURY AND WITNESS LEAVE:

Every employee of the City who is called for or required to serve as a trial juror, upon notification and appropriate verification submitted to his/hertheir supervisor, shall be entitled to be absent from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. An employee summoned for jury duty during a regularly scheduled shift shall be entitled to time off only for the period of time actually serving as a juror or prospective juror.

If an employee wishes to take additional time off in conjunction with jury duty, such time must be taken as vacation, compensatory time off or leave without pay and must be with prior approval of the employee’s supervisor. If an employee is summoned for jury duty on a regularly scheduled work day but outside hours of the employee scheduled work shift, the hours of services as a juror or prospective juror will be deducted from the hours required to be worked on the regular shift.

In the event service as a juror or prospective juror requires that a regular e employee to be absent from work the regular employee shall be paid the difference between authorized full salary and any payment received for jury duty, except travel pay. However, if the employee deposits such juror payment to the City, no reduction in salary will occur. If an employee is summoned for jury duty on a regularly scheduled day off, such duty shall be on the employees’ own time and the employee shall not be entitled to receive any compensation from the City payment for jury duty on that day.

Any employee who during the time regularly required for their employment is compelled by subpoena to attend any hearing or trial for the purpose of testifying, may, with the approval of their department head, absent themselves from duty. If the employee is subpoenaed to testify about an event or transaction involving the employee’s official job duties, the employee will be given leave without loss of compensation and the time spent responding to the subpoena shall be considered work time. Any payment except travel pay, meals and lodging received by the employee for such witness service shall be remitted to the City. In all other instances, the employee’s leave will be unpaid, except that the employee will be permitted to use accrued and available vacation leave while on such otherwise unpaid leave.

An employee who is a named party or a witness in an action against the City or who is serving as a paid expert is not eligible to receive paid witness leave for time spent related to those proceedings. In such cases, an employee may request to receive time off without pay, or may use accrued vacation time. Such time spent by an employee in an such an action or serving as a paid expert is not considered work time.

Exceptions to this rule may be made only with the prior authorization of the City Manager.

Section 20-8: BEREAVEMENT LEAVE
Unless otherwise provided in a City Resolution, Memorandum of Understanding, agreement approved by the City Council, or applicable law, an employee who has been employed for at least 294
90 30 days will be provided with up to five (5) days of unpaid leave to attend to necessary obligations and commitments related to the death of a family member. For the purposes of this policy “family member” means the employee’s spouse, registered domestic partner, child, stepchild, parent, stepparent, sibling, grandparent, grandchild, or parent-in-law.

Leave may only be taken on regularly scheduled workdays. Leave does not need to be taken on consecutive days. Leave under this policy is only available during the three months following the family member’s death. Although leave under this policy is unpaid, employees may use available accrued vacation or sick leave to receive pay while on bereavement leave. Bereavement leave is not counted as hours worked for purposes of calculating overtime.

Employees must inform their supervisor prior to commencing bereavement leave. The City may require verification of death and relation to the deceased. Leave provided pursuant to this policy will run concurrently with any other applicable leave of absence for covered reasons, to the maximum extent permitted by applicable law.

Section 20-9: REPRODUCTIVE LOSS EVENT LEAVE
The City provides for time off for eligible employees who experience a reproductive lose event as required under applicable law. The Personnel Officer or designee is responsible for preparing procedures which describe the process for requesting leave due to a reproductive loss event.

Section 15-9: OFFICIAL CITY HOLIDAYS: Public offices of the City shall be closed on the following days except as otherwise provided herein:

1. January 1

2. February 12

3. The third Monday in February

4. The last Monday in May

5. July 4

6. The first Monday in September

7. September 9

8. The second Monday in October

9. Thanksgiving Day

10. The Friday immediately following Thanksgiving Day

11. December 24 from 12:00 noon until closing, unless December 24 occurs on a Saturday, Sunday, or Monday, in which event this shall not be designated as a holiday; provided, however, that with consent from the appointing authority employees may choose an alternate one-half (1/2) day off per year in lieu of December 24.

12. December 25

13. If January 1, February 12, July 4, September 9, or December 25 falls on a Saturday; the Friday preceding shall be a holiday; if any 295
91 such day falls on a Sunday, the Monday following shall be a holiday.

14. One additional day off per year shall be granted for each full time employee in the competitive service; provided, however, such day shall be taken with the prior approval of the appointing authority.

Such day shall be non-accruable and shall be taken prior to the last day of the last full pay period in the calendar year or forfeited.

Section 15-10: WEEKENDS:

In addition to the holidays listed in Section 12-9, City offices are not required to be open Saturday and Sunday each week. These days are to be off-days during which regular work schedules are not assigned. Safety employees and employees of departments with special services regularly provided on weekends are to receive compensatory days off equivalent to weekends and such regularly scheduled duty for weekends is not to be construed as holiday pay or overtime.

Section 15-11: PROVISIONAL AND TEMPORARY EMPLOYEES:

Provisional and temporary employees do not accrue vacation and sick leave credits.

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92 RULE XIVXII

DISCIPLINARY ACTION
Section 13621-1: TYPES OF A. DISCIPLINARY ACTION:

Disciplinary action consists of discharge, involuntary demotion, suspension, reduction in salary for punitive purposes (not including deferred merit increases or the end of a specialty pay), or written reprimand.

Section 1621-2: CAUSES FOR DISCIPLINARY ACTION
Disciplinary action may be taken against any employee who has permanent status by the appointing authority only for just cause.

Discipline will not be imposed upon any permanent employee in the competitive service except upon a showing of cause, which may include but shall not be limited to the following:
a. Violation of City Rules, ordinances, state and federal law, and/or Administrative Rules and Regulations;
b. Failure to properly perform assigned duties;
c. Theft;
d. Insubordination, including refusing to follow directions from a supervisor or insulting/demeaning the authority of a supervisor;
e. Conviction of a felony or misdemeanor relating to the employee’s fitness to perform assigned duties;
f. Unauthorized absence from employment;
g. Tardiness;
h. Failure to maintain satisfactory working relationships with other employees or the public;
i. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;
j. Use of non-prescribed controlled substances while not at work; k. Improper use of City funds;
l. Unauthorized use of City property;
m. Falsification of records;
n. Failure to properly care for City property;
o. Acceptance of any gift, reward or other form of compensation in addition to regular compensation for performance of official duties; p. Misstatement of material fact;
q. Indolence, carelessness or negligence;
r. Failure to maintain any employment qualification;
s. Discourteous treatment of the public;
t. Failure to comply with safety standards or endangering self or others; u. Abuse or misuse of any leave, including sick leave, medical leave, or any other leave granted to an employee;
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93 v. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City.

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94 Section 21-34: NOTICE OF DISCIPLINE
Prior to recommending the imposition of any suspension, demotion, reduction in salary, or discharge of any permanent employee in the competitive service, the appointing authority or designee will provide written notice to the employee. At-will employees are not entitled to notice as provided in this section prior to receiving disciplinary action.

The notice shall be served upon the employee either personally or by mail and shall include: (a) a statement of the nature of the disciplinary action; (b) a clear and concise statement of the causes therefore; (c) a statement in ordinary and concise language of the acts or omissions upon which the causes are based; (d) copies of all documents and materials upon which the action is based; (e) a statement advising the employee of their right to respond to the notice before disciplinary action is taken within five (5) working days of the date of service, orally or in writing, or both; (f) a statement advising the employee that if disciplinary action is imposed, they may appeal such action to the City Manager within ten (10) business days of the effective date of the disciplinary action.

If the employee exercises their right to respond to the notice, the individual proposing the discipline or his/her designee shall consider the employee’s response before taking any final disciplinary action. The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause his/her written response to be delivered by the date and time specified in the notice of proposed disciplinary action, constitutes a waiver of the employee’s right to respond prior to the imposition of discipline. In that case, the proposed disciplinary action will be imposed on the date specified.

After receiving the employee’s timely written or oral response, or after expiration of the time to provide a written or oral response, the individual who proposed discipline will either: (1) dismiss the notice of proposed disciplinary action; (2) modify the notice of proposed disciplinary action; or (3) impose the proposed disciplinary action. The individual who proposed disciplinary action will provide notice of their decision. This notice shall notify the employee in writing of the level of discipline, if any, to be imposed and the effective date of the discipline, the specific charges upon which the discipline is based, a summary of the facts upon which the charges are based, a copy of all written documents and materials upon which the disciplinary action is based, and a statement of the nature of the employee’s right to appeal.

In all cases in which discipline is imposed, a copy of the final notice shall be placed in the employee’s personnel file.

Section 21-4: ADMINISTRATIVE LEAVE
Notwithstanding the provisions of this section, upon the recommendation of appointing authority, the Personnel Officer or designee may approve the temporary assignment of an employee to a status of leave with pay pending an investigation(s) or hearing(s) as may be required to determine if disciplinary action is to be taken.

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95 Section 21-45: WRITTEN REPRIMANDS For non-safety employees as used in this section, "“disciplinary action" ” for purposes of pre-notification and response means discharge, demotion, reduction in pay, or suspension without pay for three (3) working days. Disciplinary suspension without pay for fewer than three (3) working days can be imposed at any tinetime without notice or pre-hearing. Any employee suspended for fewer than three (3) working days may appeal such action, in accord with these rules to the City manager within ten (10) business days of the effective date of the suspension. For safety employees as used in this section, “"disciplinary action”" for purposes of pre-notification and response means discharge, demotion, or suspension without pay for two (2) full twenty-four (24) hour shifts for employees on fifty-six (56) hour work weeks or three (3) working days for employees on forty (40) hour work weeks, or more.

Disciplinary suspension without pay for one full twenty-four (24) hour shift or less, or two (2) working days for employees on forty (40) hour work weeks, can be imposed by the appointing authority at any time without notice or pre-hearing. Any employee so suspended may appeal such action, in accordance with these rules, to the City MangerManager within ten (10) business days of the effective date of the action.

Suspension without pay shall not exceed thirty (30) consecutive working days and in no event shall such suspension be imposed against vacation and/or compensatory time off previously earned by an employee.

An employee who receives a written reprimand will be asked to acknowledge receipt of written reprimand by signing the reprimand at the time of presentation. This signature signifies only receipt of the document, not necessarily agreement to the contents. In the event the employee does not sign the document, the supervisor will note on the letter the employee refused to sign the letter. The employee may respond in writing to the contents of any written reprimand within fourteen (14) days of issuance. Any written reprimand, including any response from the employee, will be maintained in an employee’s personnel file. An employee has no right to appeal or grieve a written reprimand.

The appointing authority may initiate disciplinary action against an employee for just cause by:
serving upon the employee a written notice of disciplinary action. The notice shall be served upon the employee either personally or by mail and shall include: (a) a statement of the nature of the disciplinary action; (b) a clear and concise statement of the causes therefore; (c) a statement in ordinary and concise language of the acts or omissions upon which the causes are based; (d) copies of all documents and materials upon which the action is based; (e) a statement advising the employee of his/her right to respond to the notice before disciplinary action is taken within five (5) working days of the date of service, orally or in writing, or both; (f) a statement advising the employee that if disciplinary action is imposed, he/she may appeal such action to the City Manager within ten (10) business days of the effective date of the disciplinary action.

Section 21-65: APPEALS
300
96 Unless otherwise provided in an applicable memorandum of understand, IIif a regular permanent employee in the competitive service is dissatisfied with the City Manager's decision,their receipt of disciplinary action, other than a written reprimand, the the employee may, within ten (10) business days following receipt of the decisionaction, request that an Adjustment Board be convened. Said request shall be in writing and shall set forth the facts upon which the appeal is based and the relief requested. At-will employees are not entitled to appeal disciplinary actions under this process.

A. Appeals of disciplinary actions which are not settled pursuant to the appeals procedure herein and which either party desires to contest further, shall be submitted to the Adjustment Board as provided by this article.

The Adjustment Board will be comprised of one (1) representativepanel member designated by the employee, one (1) representativepanel member designated by the City, and one (1) person from the community mutually agreed upon by the employee and City representatives. The City and , employee , or his/her representative shall name their representative designated panel member within fifteen (15) business days after receiving notice that the employee’s appeal has been received by notifying the City Manager. that they have not reached a mutually satisfactory accord.

Within ten (10) business days after being named, the two parties shall agree upon the third member.

B. The Adjustment Board will convene within twenty (20) business days after final designation of the three (3) members.

C. Within seven (7) business days after convening, the Adjustment Board will issue a written finding of its decision or deadlock. In the event the Adjustment Board is unable to reach a decision or is still in the process of conducting its hearing, the time limit may be extended by majority decision of the Adjustment Board for a period of time not to exceed ten (10) business days. In the event no agreement is reached on extending the time limit, the Adjustment Board shall be considered deadlocked.

D. If a request for a hearing before the Adjustment Board is filed, in all cases, an attempt shall be made to mutually agree upon a joint written submission of the issues to be submitted to the Adjustment Board. If no such joint submission is reached, each party shall submit to the Adjustment Board its own statement of the issues. The basic issues to be submitted to the Adjustment Board are as follows: Was (employee's name) disciplined for just cause? If not, to what remedy is (employee's name) entitled.

E. The hearing shall be private unless the appealing employee requests a public hearing. Each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, produce evidence and witnesses, and to rebut evidence against him/her.

Subpoenas may be issued in the name of the City and attested by the City Clerk.

If subpoenas are requested or issued, time limits shall be considered waived. Oral evidence shall be taken under oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence may be admitted if it is the sort of evidence responsible persons are accustomed to rely on in the conduct of serious affairs. The rules 301
97 of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions and irrelevant or unduly repetitious evidence shall be excluded.

Following the hearing, the Adjustment Board shall consider the evidence presented, shall make findings regarding the existence of cause, and shall render a written decision whether the action was or was not with reasonable cause. Should the Adjustment Board find that the discharge, demotion, or suspension was without just cause, the Adjustment Board shall make a written decision as to the appropriate action to be taken.

Copies of the decision and recommendation shall be sent to the Personnel Officer, to be filed in the employee's permanent record.

The decision of the Adjustment Board shall be final. binding upon all parties and shall not be subject to judicial review. At all steps of this appeal process, the employee may represent himself/herselfthemselves or he/she may be represented by a representative of his/her their choosing.

If an Adjustment Board is unable to arrive at a majority decision, either the employee or the City may require that the grievance or appeal be referred to the City Council for resolution.

The time limits set forth above are intended as guides for the efficient processing of employee appeals.

Appeals from disciplinary action in which the Adjustment Board is deadlocked may be referred by the employee or the City to the City Council within ten (10) business days after such deadlock is declared. Such appeal shall be in writing and shall be accompanied by all written materials and other evidence which had been presented to the Adjustment Board. If the Adjustment Board proceedings had been recorded, the transcript of such shall also be provided. Such written appeal shall be made to the City Clerk with a copy to the City Manager.

The referring party shall indicate whether or not a hearing before the City Council is being requested. If both parties agree to submit the dispute upon the record, no further hearing will be held. If a hearing before the City Council is requested, the referring party shall indicate whether the hearing is to be open or closed. The City Clerk shall thereupon notify each member of the City Council. The City Manager, with approval by the City Council, shall set a date, time, and place for conducting the appeal. Such appeal hearing will be held without undue delay. The City Manager shall notify the City Clerk, appellant, and the appellant's representative of the time, date, and place set for the hearing.

All hearings shall be conducted in the same manner and to the same extent as provided under Section 3, Adjustment Board Appeals, above. The provisions of Section 1094.6 of the California Code of Civil Procedures are applicable to the City, limiting the time for seeking review of final administrative determinations to ninety (90) days from the date of notice of said determination. 302
98 G.

If the employee is dissatisfied with the City Manager's decision, the employee may, within ten (10) business days following receipt of the decision, request that an Adjustment Board be convened. Said request shall be in writing and shall set forth the facts upon which the appeal is based and the relief requested.

C. Appeals of disciplinary actions which are not settled pursuant to the appeals procedure herein and which either party desires to contest further, shall be submitted to the Adjustment Board as provided by this article.

1. The Adjustment Board will be comprised of one (1) representative designated by the employee, one (1) representative designated by the City, and one (1) person from the community mutually agreed upon by the employee and City representatives. The City, employee, or his/her representative shall name their representative within fifteen (15) business days after notifying the City Manager that they have not reached a mutually satisfactory accord. Within ten (10) business days after being named, the two parties shall agree upon the third member.

2. The Adjustment Board will convene within twenty (20) business days after final designation of the three (3) members.

3. Within seven (7) business days after convening, the Adjustment Board will issue a written finding of its decision or deadlock. In the event the Adjustment Board is unable to reach a decision or is still in the process of conducting its hearing, the time limit may be extended by majority decision of the Adjustment Board for a period of time not to exceed ten (10) business days. In the event no agreement is reached on extending the time limit, the Adjustment Board shall be considered deadlocked.

4. If a request for a hearing before the Adjustment Board is filed, in all cases, an attempt shall be made to mutually agree upon a joint written submission of the issues to be submitted to the Adjustment Board. If no such joint submission is reached, each party shall submit to the Adjustment Board its own statement of the issues. The basic issues to be submitted to the Adjustment Board are as follows: Was (employee's name) disciplined for just cause? If not, to what remedy is (employee's name) entitled.
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99 The hearing shall be private unless the appealing employee requests a public hearing. Each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, produce evidence and witnesses, and to rebut evidence against him/her. Subpoenas may be issued in the name of the City and attested by the City Clerk.

If subpoenas are requested or issued, time limits shall be considered waived. Oral evidence shall be taken under oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence may be admitted if it is the sort of evidence responsible persons are accustomed to rely on in the conduct of serious affairs. The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions and irrelevant or unduly repetitious evidence shall be excluded.

5. The decision of the Adjustment Board shall be binding upon all parties and shall not be subject to judicial review. At all steps of this appeal process, the employee may represent himself/herself or he/she may be represented by a representative of his/her choosing.

6. If an Adjustment Board is unable to arrive at a majority decision, either the employee or the City may require that the grievance or appeal be referred to the City Council for resolution.

D-1: The time limits set forth above are intended as guides for the efficient processing of employee appeals.Appeals from disciplinary action in which the Adjustment Board is deadlocked may be referred by the employee or the City to the City Council within ten (10) business days after such deadlock is declared. Such appeal shall be in writing and shall be accompanied by all written materials and other evidence which had been presented to the Adjustment Board. If the Adjustment Board proceedings had been recorded, the transcript of such shall also be provided.

Such written appeal shall be made to the City Clerk with a copy to the City Manager.

D-2: The referring party shall indicate whether or not a hearing before the City Council is being requested. If both parties agree to submit the dispute upon the record, no further hearing will be held. If a hearing before the City Council is requested, the referring party shall indicate whether the hearing is to be open or closed. The City Clerk shall thereupon notify each member of the City Council. The City Manager, with approval by the City Council, shall set a date, time, and place for conducting the appeal. Such appeal hearing will be held without undue delay. The City Manager shall notify the City Clerk, appellant, and the appellant's representative of the time, date, and place set for the hearing.

All hearings shall be conducted in the same manner and to the same extent as provided under Section 3, Adjustment Board Appeals, above.

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100

RULE XIVII

OFF-DUTY EMPLOYMENT
Section 1417-1: CONDITIONS: City employees are permitted to work off duty only when all of the following conditions are met:

A. City employees shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with or, inimical to his or her duties as a City officer or employee or with the duties, functions, or responsibilities of his or her appointing authority or the department in which he or she is employed for the City. Officers or employees of the City shall not perform any work, service or counsel for compensation outside of his or her local agency employment where any part of his or her efforts will be subject to approval by any other officer, employee, board or commission of his or her employing body, unless otherwise approved in the manner prescribed by this rule.

B. Each appointing authority shall determine, subject to approval by the City Council, those outside activities which, for employees under his/her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as City officers or employees. An employees outside employment, activity, or enterprise may be prohibited if it:

1. Involved the use for private gain or advantage of his/her local agency time, facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her local agency office or employment.

2. Involves receipt or acceptance by the officer or employee of any money or other consideration from any one other than his or her local agency for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of his or her duties as a City officer or employee.

3. Involves the performance of an act in other than his or her capacity as a City officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or
employee of the City.

4. Involves such time demands as would render performance of his or her duties as a City officer or employee less efficient.

C. Every permanent City employee at the time of adoption of this rule or at the time of appointment shall be provided with a copy of this rule and a notice of those prohibited outside activities which have been determined to be inconsistent with, incompatible to, or in conflict with their duties as City officers or employees.
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101
D. Any City officer or employee violating this rule, including engaging in prohibited activities, shall be subject to disciplinary action.

E. In the event a City officer or employee disagrees with a determination that an outside activity is prohibited said employee may, using the grievance procedures set forth in these rules, appeal said determination.

Section 147-2: REQUEST TO PURSUE OFF-DUTY EMPLOYMENT:

Personnel desiring to pursue off-duty employment, activity, or enterprise for compensation shall submit a current written statement to their department head stating the following:

A. Type or nature of employment, activity, or enterprise for compensation; B. Name of prospective employer;
C. Location of employment, activity, or enterprise including physical and mailing address and telephone;
D. Days and hours of employment including average number of hours per week that will be sent in the outside employment, activity, or enterprise.

This request shall be submitted at the time this rule goes into effect and resubmitted when any of the required information changes.

Section 147-3: REVOCATION OF APPROVAL TO PURSUE OFF-DUTY EMPLOYMENT:

A. Authority to engage in off-duty employment shall be revocable at any time by the appointing authority upon a finding that the conditions of this rule have not been met.

B. In addition, revocation can occur if the appointing authority finds, after a medical or psychological examination, that the employee has developed, or is developing physical or emotional ill effects that impact his/her onduty job performance as a direct result of such off-duty assignment.

C. C. In the event an employee disagrees with the revocation of approval said employee may, using the grievance procedures set forth in these rules, file an appeal from the action revoking approval.

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RULE XV

AFFIRMATIVE ACTION
Section 15-1: STATEMENT OF POLICY: It is the policy of the City of South Lake Tahoe to recruit, hire, train, and promote persons in all job groups on the basis of bona fide occupational qualifications without regard to race, color, religion, sex, national origin, age, or handicap.

The City will continue to:

A. Base its decisions on employment so as to further the principle of equal employment opportunity.

B. Insure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities.

C. Insure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, City-sponsored training, education, and educational assistance programs will be administered without regard to race, color, religion, sex, national origin, age, or handicap.

D. Subject any employee of the City who violates the Affirmative Action Policy to appropriate disciplinary action including reprimand, suspension, or dismissal.

E. Insure that the responsibility and accountability for carrying out the Equal Employment Opportunity/Affirmative Action Policy and Program is assigned to the City Council.

F. Insure consistent application and administration of this program by providing a reporting and monitoring system which shall be defined in the Affirmative Action Plan.

Section 15-2: AFFIRMATIVE ACTION PROGRAM: In order to achieve the purpose of the policy statement, an Affirmative Action Plan for the City of South Lake Tahoe has been adopted by the Council. Said plan shall be updated from time to time as provided in the plan document. 307

RULE XVIIIXXII

GRANT FUNDED POSITIONS AND

EMPLOYMENT CONDITIONS
Section 2218-1: GRANT FUNDED POSITIONS:

The City may, from time to time, enter into grants or special projects which provide for the employment of persons for specified periods of time. Such grant or other programs may be financed all or in part by the Federal and/or State and/or other governmental entities. Positions created by such grant or other program funds are not to be considered permanent regular positions, but rather shall continue only so long as the City determines it appropriate or funds are available.

Section 2218-2: FILLING GRANT FUNDED POSITIONS:

Unless otherwise provided in the grant program, such positions should be filled from existing eligible lists. If the position to be filled is for a non-existing classification, a job description and job title will be needed for Personnel Officer approval prior to the filling of the position. No grant or special project program position may be filled until after approval by the City Manager and Personnel Officer.

Section 1822-3: GRANT FUND EMPLOYEE RIGHTS AND PRIVILEGES:

Employees hired from grant funds pursuant to this section are not considered to be permanent regular employees, but rather, shall be considered temporary employee and serve at the pleasure of the City. Unless otherwise agreed to by the City in the grant agreement or otherwise required by law, grant funded employees are not eligible for retirement, deferred compensation, health insurance, and related non-salary benefits which are authorized for permanent regular employees.

They are covered by Workers' Compensation and unemployment insurance, provided, however, that the only benefits eligible for receipt in the event of job-related injury or illness shall be those benefits provided under Workers' Compensation laws. Reinstatement and re-employment benefits do not apply to employees in grant funded position. employees. Performance evaluation reports are required in the same manner as permanent and probationary regular employees. Grant fund employees are not designated members of any bargaining unit, but may, if they choose, join any employee association to which their position would be assigned if it was a permanent position.

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RULE XVII XIX

EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS
Section 19-1: STATEMENT OF PURPOSE:

The purpose of this section is to promote full communication between the City and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the City and its employees and their employee organizations. It is also the purpose of this section to promote the improvement of personnel management and employer-employee relations within the City government by providing a uniform basis for recognizing the right of City employees to join employee organizations of their own choice and to be represented by such organizations in their employment relationships with the City. Nothing contained herein shall be deemed to supersede the provisions of state law or ordinances or civil service rules established and regulating the City merit system.

Section 1719-2: DEFINITIONS:

As used in this section, the following terms shall have the meanings indicated:

A. City: The City of South Lake Tahoe, a municipal corporation, and where appropriate here, "City" refers to the City Council, the governing body of said City, or any duly authorized management representative as herein defined.

B. Confidential Employee: An employee who is privy to decisions of City management affecting employer-employee relations.

C. Consult or Consultation in Good Faith: To communicate orally or in writing for the purpose of presenting and obtaining view of intended actions within the scope of representation.

D. Employee: Any person regularly employed by the City in an authorized position except those filling temporary positions and those persons elected by popular vote.

E. Employee Organization: Any lawful organization which includes as members, employees of the City and which has, as one of its purposes, representation of such employees in their relations with the City; provided, however, that said organization has no restriction on membership based on race, color, creed, sex, or national origin.

F. Employee Relations Officer: A designate of the City Manager who shall be the City's representative in such employer-employee relations matters as the City Manager shall delegate to him/her, including the administration of this section.

G. Employer-Employee Relations: The relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between the City management and employees or employee organizations.

H. Grievance: Any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by the City Council to effect memoranda of understanding which result from the negotiation process.
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I. Impasse: A deadlock in negotiations between a recognized employee organization and the City concerning matters about which they are required to negotiate.

J. Management Employees: Any employee having significant responsibilities for formulating and administering City policies and programs, and having responsibility for directing the work of subordinates; and/or any employee having authority to exercise independent judgment, or to effectively recommend any action to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or to adjust their grievances, if the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment and discretion.

K. Management Representative: The City Manager or any person or organization duly authorized by the City Manager.

L. Mediation: The efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution of an impasse, through interpretation, suggestion, and advice.

M. Negotiate: To meet and confer in good faith.

N. Peace Officer: As this term is defined in Section 830 of the California Penal Code.

O. Professional Employees: Employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, engineers, and architects.

P. Proof of Employee Approval: When used herein, means that the employee organization submitting a petition to the Employee Relations Officer has demonstrated proof of approval by the employees whom it purports to represent by means of any one or any combination of the following:

1. Signed and dated signatures on a petition.

2. Signed and dated employee authorization cards.

3. Documented evidence of current dues-paying employee organization membership, or payroll dues deductions using the payroll period immediately prior to the date the petition is filed.

For purposes of items (1) and (2) above, only signatures of employees currently employed in permanent positions within the proposed representation unit of the date the petition is filed and whose signatures have been executed within ninety (90) calendar days prior to the date the petition is filed, shall be accepted as proof of employee approval.

The total number of employees in a proposed representation unit shall be determined by using authorized budgeted positions, adjusted to reflect the positions occupied as of the date of the petition.

Q. Recognized Employee Organization: An employee organization, or its duly authorized representative, that has been granted formal recognition by the Employee Relations Officer as representing the majority of employees in an appropriate unit of employees.

R. Representation Unit: A unit established pursuant to Section 17-7.

S. Scope of Representation: All matters relating to employment conditions and employer-employee relations, including but not limited to wages, hours, and other 310
terms and conditions of employment; except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

Section 19-3: EMPLOYEE RIGHTS:

Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations; provided, however, that during negotiating sessions with the City, an employee filling a position allocated to a specific representation unit may be represented only by that recognized employee organization certified to represent that specific unit.

Section 19-4: CITY RIGHTS:

To insure that the City is able to carry out its statutory functions and responsibilities, nothing contained in this rule shall be construed to require the City to negotiate on matters which are solely a function of management, including the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with the requirements of the City; to establish and change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations and the processes and materials to be employed; to take all necessary actions to perform its functions in emergencies.

Section 19-5: NEGOTIATIONS:

Only recognized employee organizations in established representation units shall be entitled to negotiate with duly designated management representatives on wages, hours, and other terms and conditions of employment for the employees in such units.

Negotiations shall not be required on any subject pre-empted by federal or state law, nor shall negotiation be required on employee or City rights as defined in Sections 17-3 and 17-4.

Proposed amendments to this resolution are excluded from the scope of negotiation, but shall be subject to consultation in good faith after reasonable notice.

Agreements reached as a result of negotiations shall be included in a memorandum of understanding signed by the City Manager as well as the duly designated representatives of the recognized employee organizations. Those matters over which the City Council has cognizance will be presented to the City Council for approval. Such memoranda of understanding shall not be binding unless approved by the City Council and the recognized employee organization.

Section 19-6: SCOPE OF CONSULTATION IN GOOD FAITH:

All matters affecting employer-employee relations, including those that are not subject to negotiations, are subject to consultation between management representatives and representatives of recognized employee organizations.
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Section 179-7: ESTABLISHMENT OF REPRESENTATION UNITS: The Employee Relations Officer shall establish appropriate employee representation units.

The following factors, among others, shall be considered in determining an appropriate representation unit:

A. Minimizing fragmentation of units by achieving the largest feasible group of employees having a community of interest.

B. The effect of the proposed unit on the efficient operation of City services and sound employment relations.

C. The history of employee relations in the unit, among other employees in the City, and in similar public employment and private industry; provided, however, that no unit shall be established on the basis of the extent to which the employees have organized.

D. Similarity of duties, skills, wages and working conditions of employees.

E. Whether management officials at the level of the unit have the power to agree or to make effective recommendations to other administrative authority or to the City Council with respect to wages, hours, and other terms and conditions of employment subject to negotiation.

F. The effect on the existing classification structure of dividing a single classification among two (2) or more units.

G. Management and confidential employees shall not be included in the same unit with non-management or non-confidential employees.

H. No employee shall be included in more than one representation unit.

Whenever a new classification is adopted by the City, the Employee Relations Officer shall notify interested employee organizations and may allocate such classification to an appropriate representation unit after consultation with employee organizations requesting same. A routine title change of an existing classification is not subject to this provision.

Section 19-8: CERTIFICATION AND DECERTIFICATION OF A RECOGNIZED EMPLOYEE ORGANIZATION:

An employee organization which seeks recognition as the recognized employee organization for a representation unit which has been requested or already established shall file a petition with the Employee Relations officer. The petition shall contain:

A. Name and address of employee organization.

B. Names and titles of its officers.

C. Names of the employee organization representatives who are authorized to speak on behalf of its members.

D. Information as to whether the employee organization is a chapter of, or affiliated 312
directly or indirectly in any manner with, a regional or state, or national or international organization and, if so, the name and address of each such regional, state, national, or international organization.

E. Copies of the employee organization's constitution and by-laws.

F. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, age, or national origin.

G. A designation of the names and addresses of no more than two (2) persons to whom notices sent by regular United States mail or personally delivered will be deemed sufficient notice to the employee organization for all purposes unless otherwise specified herein.

H. Description of the representation unit for which the employee organization seeks certification.

I. A statement by the employee organization to the effect that it has been designated as a representative by at least thirty percent (30%) of the employees in the representation unit.

The petition shall be accompanied by proof, as defined in Section 17-2, paragraph P, that the organization represents at least thirty percent (30%) of the employees in the representation unit.

The Employee Relations Officer shall give notice of the request for certification or decertification to the employees in the unit and to the employee organization, if any, which is then currently certified as the representative of the unit. Such notice shall be given within seventy-two (72) hours following receipt by the Employee Relations Officer of the request for certification or decertification, excluding Saturday, Sunday, and holidays. Upon determining that the petitioning employee organization represents at least thirty percent (30%) of the employees in the representation unit, the Employee Relations Officer shall arrange for a secret ballot election to ascertain the free choice of a majority of such employees. Any other employee organization shall be shown as one (1) choice on the ballot upon filing of a petition and presentation of proof, as defined in Section 17-2 (P), that the organization represents at least thirty percent (30%) of the employees in the representation unit.

Such petition for a place on the ballot must be filed within seven (7) calendar days after notice of the petition for election has been mailed by the Employee Relations Officer to the employees. In all certification or decertification elections, the choices on the ballot shall be the currently recognized employee organization for the unit (if any), challenging employee organizations, and no representative organization.

Employees entitled to vote in a representation election shall be those employees in permanent positions within the representation unit who were employees at least fifteen (15) days prior to the date of the election. Persons employed in unclassified positions within the representation unit who were employed at least fifteen (15) days prior to the date of the election shall be eligible to vote in an election within that representation unit. Employees who did not work during the above described time period because of illness, vacation, or authorized leave of absence, and who are otherwise eligible, shall be permitted to vote.

The recognized employee organization shall be representative of all the employees in such unit for purposes of meeting and conferring in good faith on matters within the scope of 313
representation. This shall not preclude individual employees from consulting with management representatives on employer-employee relations matters of concern to them.

Provided that at least twenty-four (24) months have elapsed from the most recent date of certification of said organization, requests for decertification of that employee organization may be initiated by a petition from employees or by an employee organization. No such request shall be processed unless it is filed no sooner than one hundred fifty (150) calendar days and no later than ninety (90) calendar days before the expiration of the then current memorandum of understanding or agreement between the City and the employee organization which is then presently certified as the representative of the unit for which decertification is requested. A petition for decertification shall be submitted to the Employee Relations Officer and must be accompanied by proof of employee approval as defined in Section 17-2 (P), of at least thirty percent (30%) of the employees within the representation unit. The Employee Relations Officer shall arrange for a secret ballot election to determine which employee organization shall represent the unit or if there shall be no representative organization. Choices on the ballot shall be determined in the manner set forth in this section.

Notwithstanding any other provisions of this section, the City may seek decertification of an employee organization at any time that it appears to the City Manager that such an action is warranted because of reasons related to substantial changes in City functions, organizational structure or classification revisions or if, in the opinion of the City Manager, there is reason to believe the recognized employee organization does not represent a majority of the employees in the representation unit.

In such a case, the City Manager shall notify the Employee Relations Officer of the City Manager's decision that an election to determine the current wishes of employees be held, and the Employee Relations Officer shall arrange for a secret ballot election in the same manner provided for in this section; provided, however, that not such election shall be held until the employee organization then currently recognized as the representative of the unit or units involved has been given at least sixty (60) days' notice of the date upon which the election will be held. Any employee organization may be listed on said ballot if said organization petitions for a place thereon and submits proof, as defined in Section 17-2 (P), that the employee organization represents at least thirty percent (30%) of the total number of employees in the representation unit or units affected by the election. The ballot shall contain a "no representative organization" choice.

An employee organization shall be granted formal recognition as the Recognized Employee Organization by the Employee Relations Officer following an election or run-off election if:

A. That employee organization has received the vote of a numerical majority of the votes cast by the employees within the unit in which the election is held.

B. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two (2) choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a run-off election. 314
Notification of recognition shall be made to the City Council, departments concerned, employees in the unit being represented, challenging employee organizations, and such other persons or organizations as the Employee Relations Officer deems appropriate. The Employee Relations Officer may refuse to certify the winner of an election as the recognized employee organization for that unit or units if he concludes that the winner of such election has coerced, intimidated, or grossly misled employees in securing or attempting to secure their votes. Such refusal by the Employee Relations Officer to certify an employee organization on these grounds shall be referred to the City Council for review at an open meeting at which all interested parties shall be afforded an opportunity to be heard. The Council shall either require the Employee Relations Officer to certify the winner of the election as the recognized employee organization for that unit or units, or uphold the determination of the Employee Relations Officer and require it to arrange for another election.

Section 19-9: MODIFICATION OF REPRESENTATION UNITS:

An employee organization may request the modification of an established representation unit by submitting to the Employee Relations Officer a petition accompanied by proof of employee approval of the proposed modification signed buy not less than sixty percent (60%) of those employees who, if the proposed modification should be granted, would be moved from one representation unit to another. A unit modification request may not be submitted until at least thirty-six (36) months have elapsed from the most recent date of certification of the unit from which positions would be removed should the modification request be granted. No such request shall be processed unless it is filed no sooner than one hundred fifty (150) calendar days and no later than ninety (90) calendar days before the expiration of the then current memorandum of understanding or agreement between the City and the employee organization which is then presently certified as the representative of the unit from which one or more positions would be removed if the request were granted. All petitions for modified units shall be accompanied by a list of all classifications to be included in the modified unit, the number of employees in each classification, as well as the division and department to which they belong.

The Employee Relations Officer shall give notice of the request for modification of an established representation unit to the employees who would be affected by the proposed modification, to the employee organization which is then currently certified as the representative of the unit from which one or more positions will be transferred, and to any recognized employee organization that has filed a written request for such notice. Such notice shall be given within seventy-two (72) hours following receipt by the Employee Relations Officer of the request for modification, excluding Saturday, Sunday, and holidays.

The Employee Relations Officer shall make the final determination on the appropriateness of all units. In making such determination, the Employee Relations Officer shall not be limited to consideration of the unit or units requested.

If, in the opinion of the Employee Relations Officer, his/her decision has the result of moving from one representation unit to another a sufficient number of employees to possibly affect the representative status of the recognized employee organization representing the unit from which 315
or to which such employees were transferred, a secret ballot election shall be held to determine the wishes of the employees remaining in the unit from which or to which other employees were transferred as to the employee organization to represent the units from which or to which these employees were transferred. Any employee organization may be listed on said secret ballot if that organization has petitioned for a place on said ballot and submitted proof to the Employee Relations Officer, as defined in Section 17-2 (P), signed by at least thirty percent (30%) of the employee in the unit. The ballot submitted to said employees shall include a "no representative organization" choice.

Should the decision of the Employee Relations Officer have the result of moving some employees from one representation unit to another, such employees will continue to work at the rate of pay, and under the same terms and conditions of employment which they had in the unit from which they were transferred until such time as the memorandum of understanding concerning the unit from which they were transferred which was in effect at the time of said transfer shall expire.

Notwithstanding any other provisions of this rule, the Employee Relations Officer may modify any representation unit when, in the Employee Relations Officer's opinion, the present representation unit is no longer appropriate.

Section 19-10: CLOSED SESSIONS:

Nothing in this rule shall be interpreted as preventing or limiting the right of the City Council to hold closed sessions to the extent allowed by state law. Such sessions shall include the right to discuss salaries, salary schedules, or compensation paid in the form of employee benefits.

Section 19-11: IMPASSE PROCEDURES:

Impasse procedures may be invoked only after all other attempts made by both parties to reach agreement through good faith negotiation have been unsuccessful.

A. Any party involved in the negotiation of specific issues may invoke the impasse procedure by filing with the other party (or parties) affected, a written request for an impasse meeting together with a statement of its position on the disputed issues. An impasse meeting is to permit review of the position of all parties in a final good faith effort to reach agreement on the disputed issues.

B. If agreement is not concluded at the impasse meeting, the parties together shall attempt to agree upon a method of resolving the dispute including, but not limited to, mediation. Unless the parties in writing mutually request them to do so, mediators shall make no public recommendation nor take any public position regarding the issues. All mediation sessions shall be conducted in private.

Section 197-12: UNFAIR EMPLOYEE RELATIONS PRACTICES:

It shall be unfair employee relations practices for the City to:
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A. Dominate or interfere with the formation of any employee organization or contribute financial support to it, provided that the City may permit the use of City facilities, make dues deductions, and permit employees who are officers or representatives of recognized employee organizations to negotiate or confer with City officials during working hours without loss of time or pay, subject to applicable regulations.

B. Refuse to negotiate with representatives of recognized employee organizations on negotiable matters during the periods prescribed by this rule.

C. Refuse or fail to cooperate with any duly designated mediator.

It shall be unfair employee relations practices for employees or employee organizations or their agents to:

A. Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this rule.

B. Refuse to negotiate with City officials on negotiable matters when the employee organization involved has been recognized as the majority representative.

C. Refuse or fail to cooperate with any duly designated mediator.

Charges of violations of this section or of this rule may be initiated by management or any employee organization. Such charges shall be filed in writing with the Employee Relations Officer.

If the Employee Relations Officer's decision is that the City has engaged in an unfair employee relations practice, the Employee Relations Officer shall recommend to the City that it take appropriate corrective action. The City Council shall act on the Employee Relations Officer's recommendation within thirty (30) days.

If the decision is that an employee or employee organization or its agents have engaged in an unfair employee relations practice, the Employee Relations officer shall request the offending party to take appropriate corrective action. If compliance with the Employee Relations Officer's request is not obtained within thirty (30) days, the Employee Relations Officer shall request the City Manager or the City Council to take appropriate action.

Section 179-13: GRIEVANCE:The City grievance procedure provides a progressive series of steps through which employees may present complaints or grievances arising out of their employment or working conditions. This procedure is designed to resolve grievances at the lowest supervisory level consistent with justice and administrative policy. It is the intent of this rule that the grievance procedure, unless changed by the City Council, will continue to be used for the above described purposes, including that part of the procedure that entitles an employee, or group of employees, to representation by representatives of a recognized employee organization.
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Section 197-14: ADVANCE NOTICE TO RECOGNIZED EMPLOYEE
ORGANIZATIONS:

Except in cases of emergency, each recognized employee organization affected shall be given reasonable advance written notice of any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet with the appropriate management representatives prior to adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the recognized employee organizations shall be provided with the notice described above and be given an opportunity to meet with the appropriate management representatives.

Section 19-15: ATTENDANCE AT MEETINGS BY EMPLOYEES:

City employees who are official representatives or unit representatives of recognized employee organizations shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall submit a written request for excused absence to their respective department heads, with an information copy to the Employee Relations Officer, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement between the department head and the Employee Relations Officer, the number of employees excused for such purposes shall not exceed three (3) for any one employee organization.

Section 19-16: USE OF CITY FACILITIES:

A recognized employee organization which represents employees of a City department shall be allowed by that department use of space on available bulletin boards for communications having to do with official organization business, such as times and places of meetings, provided such use does not interfere with the needs of the department. This privilege may be revoked in the event of abuse. Any representative of a recognized employee organization shall give notice to the department head or his/her designated representative when contacting departmental employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal employee organization business shall be conducted during the non-duty hours of all employees concerned. Pre-arranged for routine contact may be made, and when made shall continue until revoked.

City buildings and other facilities may be made available for use by City employees or a recognized employee organization or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.

Only the recognized employee organization may have the regular dues of its members within a representation unit deducted from employee's paychecks under procedures prescribed by the City for such deductions.
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Dues deduction shall be made only upon signed authorization from the employee upon a form approved by the City, and shall continue until such authorization is revoked, in writing by the employee, or until the first day of the calendar month following the transfer of the employee to another representation unit. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned.

Section 19-17: ADMINISTRATION:

The Employee Relations Officer is authorized to establish rules and procedures to carry out the intent of this rule. He/she shall also have the authority for the administrative interpretation of this rule. All elections authorized by this rule shall be conducted by the State Conciliation Service or some other party agreed upon by the City and concerned employee organizations. The expenses, if any, of conducting an election shall be shared equally by the parties involved in the election.

Section 19-18: JOB ACTIONS:

All associations, members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the association nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel, or operations, or management, or of employees not covered by memoranda of understanding.

Section 19-19: CONSTRUCTION:

Nothing in this rule shall be construed to deny any person, employee, or employee organization the rights granted by federal and state laws. The rights, powers, and authority of the City Council and the rights of employee organizations in all matters, including the right to maintain any legal action, shall not be modified or restricted by this rule. The provisions of this rule are not intended to conflict with, nor shall they be construed in a manner inconsistent with, the provisions of Chapter 10, Division 4, Title 1, of the Government Code of the State of California (Sections 3500 et seq) as amended.

Section 19-20: SEPARABILITY:

If any provision of this rule, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this rule or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Section 17-19:
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RULE XVIII XXIII

TRAINING AND SAFETY
Section 2023-1: RESPONSIBILITY FOR TRAINING:

It is the policy of the City Council to encourage the training of employees. Responsibility for developing training programs for employees shall be assigned to the Personnel Officer and department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.

Section 2023-2: CREDIT FOR TRAINING:

Participation in, and successful completion of, special training courses may be considered in salary increases and for promotions. Evidence of such activity shall be filed with the Personnel Officer by the appointing authority for each employee successfully participating in training programs.

Section 2023-3: PAYMENT OF TUITION:

Tuition is paid for job related courses taken after the course is successfully completed and appropriate certification filed with the Personnel Officer, and if prior approval by the department head has been given to participate in the course. However, courses paid for by state or governmental agencies do not apply to this section. Training programs authorized by the City shall be financed by the City to encourage employee participation. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training.

Subject to approval by the Personnel Officer, employees may be authorized to attend training programs during regular hours. Travel to and from such training shall be at City expense; provide, however, that time spent in travel to and from training is not eligible for overtime. When the needs of the City services so require, the appointing authority may direct any employee to attend a meeting or conference as part of the professional training required for the position. In such case, attendance is not mandatory but compensation for meals, lodging, travel, and miscellaneous expenses shall be allowed. No overtime will be paid, however, for the time required to travel to and from such meeting.

Section 2023-4: SAFETY PROGRAM:

The Personnel Officer is designated the safety and training officer for the City. In this responsibility, the Personnel Officer shall be assisted by the Deputy Risk Manager. Safety for persons and property is a fundamental and basic goal for the City. All employees are expected to observe high standards of safety in the performance of service and execution of all assigned duties.

In order to develop and maintain a strong and effective safety program, there is a Safety Committee created for the purpose of reviewing all accidents and Workers' Compensation injury reports. This 320
committee makes recommendations for the improvement of working conditions and procedures for the prevention of accidents or the avoidance of additional accidents. In addition, the Safety Committee shall determine when an accident is or is not chargeable to the employee involved. A finding of chargeable shall be based upon a determination that employee conduct, or lack of action, resulted in the accidental occurrence and that each accident was avoidable. Whenever a finding is made that an accident is chargeable, written notice of such finding shall be made to the employee and the appropriate appointing authority.

Each employee, upon being notified of a chargeable accident, may request a review of the finding with the Safety Committee. At the request of the employee a review shall be granted and scheduled at the next regular meeting. Each finding of a chargeable accident shall be cause for review of the incident by the appointing authority and a determination of whether disciplinary action is or is not appropriate. Any disciplinary action which may be deemed appropriate shall be processed in accordance with these rules.

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RULE XIXIIIV

GRIEVANCES
Section 2241-1: GRIEVANCE DEFINEDS:

A grievance is any dispute which involves the interpretation or application of those these rules, excluding those provisions which are specifically excluded from the grievance procedure or which provide that the decision of the City Council, City Manager, Personnel Officer or designee shall be final.

I. regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by the City Council to effect memoranda of understanding which result from the meeting and conferring process.

Section 224-2: GREIEVANCE PROCEDURES
II. Grievances shall be processed in the following mariner:

A. Any employee who believes that he/shethey has a grievance may discuss his/hertheir complaint with such management official in the department in which he/shethey works as the department head may designate.

A. Informal Grievance: Within fifteen (15) business days of when the grievant knew or should have known of the event giving rise to the grievance, the grievant will first try to resolve the grievance through discussion with their immediate supervisor. During this discussion, the grievant must clearly state that a grievance is being initiated. Within fifteen (15) days of this discussion, the immediate supervisor shall give the grievant their decision or response to the informal grievance. This decision or response will be provided in writing.

If, after receiving the decision or response, the employee is not satisfied with the reply, he or she may file a formal grievance.

B. Formal Grievance: If the grievance is not resolved by informal means, or if it is determined for good and sufficient reason, that the grievance may initiate the grievance as a formal step, then the employee may file a formal written grievance. This written grievance shall contain the following:

1. Name of grievant(s)

2. Class title(s)

3. Mailing address(es)

4. A clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices)

5. The date(s) on which the event(s) giving rise to the grievance occurred

6. A proposed solution to the grievance

7. The date of execution of the grievance form

8. The signature of the grievant(s)
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9. The signature of the bargaining unit representative, if such a representative is representing the grievant(s)

10. The date of the discussion meeting in Step 1 and the name of the supervisor involved
Any formal grievance must be filed within fifteen (15) days after either the response to the informal grievance is given or the time to provide a response to the informal grievance has expired if no response is given. If the grievance is initiated as a formal grievance, then it must be submitted within fifteen (15) days of when the grievant knew or should have known of the event giving rise to the grievance.

Upon receipt of a formal written grievance, the employee’s department head or designee will investigate the grievance and may, in their discretion, schedule a meeting with the grievant in an attempt to resolve the grievance. The department head or designee will issue their decision regarding the grievance in writing within fifteen (15) days of receipt of the written grievance, except that if the department head or designee conducts a meeting with the grievant, the department head or designee will issue their decision in writing within fifteen (15) days of that meeting.

B. after the action occurs, any employee or any official of the Association may notify the department head concerned in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The concerned department head shall have fifteen (15) business days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem.

At the conclusion of the fifteen (15) business days or sooner, the department head shall issue a written memorandum to the employee or employee's representative filing the grievance of his/her decision. No grievance may be processed under paragraph "“C" ” and "“D" ” below which has not first been filed and investigated in accordance with this paragraph.

C. Review of Department Head Decision: Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager. by the complainant or by the concerned department head. Such referral must be made no later than fifteen (15) business days after receipt of the department head's memorandum specified in sub-section "“B" ” above, and shall be in writing detailing the specific issues involved in the referral together with a statement of the resolution desired. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule if the employee does not timely request review of the department head’s decision.

When the employee presents a formal grievance to the City Manager or designee, the City Manager or designee shall discuss the grievance with the employee and the employee’s representative. Within fifteen (15) calendar days after this meeting, the City Manager or designee shall render a written decision regarding its merits. The decision of the City Manager or designee shall be final and binding and shall resolve the grievance. No further 323
review of the subject matter of the grievance shall be permitted within the City’s administrative process.

The City Manager shall, within ten (10) business days after receipt of the referral, designate a personal representative who shall not be the concerned department head. The personal representative will investigate the merits of the complaint and within fifteen (15) business days of his/her designation by the City Manager meet with the complainant or complainant's representative and the department head concerned to settle the grievance or make recommendations to the City Manager.

Any written statements submitted to the personal representative as part of the grievance process will be submitted at a mutually agreeable time by the employee or Association and department head.

Within twenty-five (25) business days of his/her designation, the personal representative will make a written finding or recommendation which will be transmitted to the employee or Association, the department head involved, and the City Manager.

D. The parties must notify the City Manager within ten (10) business days after the personal representative has made his/her written findings or recommendations whether or not they have reached a mutually satisfactory accord. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises, such grievance shall be submitted to the Adjustment Board as provided in Section "“E" ” below.

E. 1. Grievances which are not settled pursuant to the grievance procedure ereinherein and which either party desires to contest further, shall be submitted in writing to the Adjustment Board. An attempt shall be made to mutually agree upon a joint written submission of the issues. If no such joint submission is reached, each party shall submit to the Adjustment Board its own statement of the issues.

2. The Adjustment Board will be comprised of one (1) representative designated by the employee, one (1) representative designated by the City, and one (1) person from the community mutually agreed upon by the employee and the City representative.

The City employee or his/her representative involved shall name their representative within fifteen (15) business days after notifying the City Manager that they have not reached a mutually satisfactory accord. Within ten (10) business days after being named, the two parties shall agree upon the third member. The Adjustment Board will convene within twenty (20) business days after final designation of the three (3) members.

3. The grievant shall appear in person, unless physically unable to do so, throughout the hearings set in response to the grievance. Either the City, the 324
employee, or the employee's representative may call any employee as a witness, and the City agrees to release said employees from work, if on duty.

The parties shall have the right to produce and examine witnesses, and the power to require the production of evidence. Subpoenas may be issued by the City Council in the name of the City and attested by the City Clerk. If subpoenas are requested or issued, time limits are waived. Oral evidence shall be taken under oath or affirmation.

4. Within seven (7) business days after convening, the Adjustment Board will issue a written finding of its decision or deadlock. In the event the Adjustment Board is unable to reach a decision or is still in the process of conducting its hearing, the time limit may be extended by a majority decision of the Adjustment Board for a period of time not to exceed ten (10) business days. In the event no agreement is reached on extending the time limit, the Adjustment Board shall be considered deadlocked. If an Adjustment Board is unable to arrive at a majority decision, either the Association, the employee or his/her representative, or the City may require that the grievance or appeal be referred to the City Council for resolution.

5. Decisions of the Adjustment Board on matters properly before it shall be considered final and binding on the parties thereto.

6. The time limits set forth above are intended as guides for the efficient processing of employee grievances.

7. Proposals to add to or change a memorandum of understanding or written agreement or addenda supplementary thereto shall not be grievances, and no proposal to modify, amend, or terminate a memorandum of understanding nor any matter or subject arising out of or in connection with such proposal, may be referred to the grievance procedure under this Section. No Adjustment Board shall have the power to amend nor modify a memorandum of understanding or written agreements or addenda supplementary thereto or to establish any new terms or conditions of employment.

F. Appeals of grievances in which the Adjustment Board is deadlocked may be referred by the City, the employee or his/her representative, or the Association to the City Council within ten (10) business days after such deadlock is declared. Such appeal shall be in writing and shall be accompanied by all written materials and other evidence which had been presented to the Adjustment Board. If the Adjustment Board proceedings had been recorded, the transcript of such shall also be provided.

The referring party shall indicate whether or not a hearing before the City Council is being requested. If both parties agree to submit the dispute upon the record, no 325
further hearing will be held. If a hearing before the City Council is requested, the referring party shall indicate whether the hearing is to be open or closed.

GSection 24-3. GRIEVANCES INVOLVING PAYMENT OF COMPENSATION:

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Personnel Officer as a formal grievance. Only complaints which allege that employees are not being compensated in accordance with the provisions of memoranda of understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meet and confer process, and if not detailed in memoranda of understanding which results from such meet and confer process, shall be deemed withdrawn until the meet and confer process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

Section 24-4 GENERAL CONDITIONS APPLYING TO ALL GREIVANCES A. The Human Resources Department will act as a central repository for all formal grievances, including any final decision on a formal grievance.

B. The City shall not institute any reprisals against any employee or any representative resulting from the use of this grievance procedure.

C. Any time limit contained in the grievance procedure may be extended only by mutual agreement in writing.

D. An aggrieved employee may be represented by another individual at any stage of the proceedings at their request. Both employee and representative (if employed by City) will be entitled to attend proceedings with City representatives without loss of compensation, should such proceeding conflict with employee’s and/or representative’s normal working hours.

E. Proposals to add to or change these rules shall not be considered under this section, and no proposal to modify, amend, or terminate any Memorandum of Understanding between the City and an employee organization may be considered under this section.

PERSONNEL RULES
City of South Lake Tahoe
Adopted June 4, 1985
Most Recent Revision Date: - April 22, 2025
NOTE: Certain sections of the Personnel Rules may be modified or superseded by the terms of Memoranda of Understanding in effect between the City and its recognized employee organizations.

Therefore, it is very important that the current Memoranda of Understanding be consulted when referring to these Personnel Rules so that you have the most accurate and timely information.
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TABLE OF CONTENTS
RULE I - DEFINITION OF TERMS ........................................................................................................... 1 Section 1-1: Advancement. ................................................................................................................... 1 Section 1-2: Allocation.......................................................................................................................... 1 Section 1-3: Anniversary Date. ............................................................................................................. 1 Section 1-4: Appointing Authority........................................................................................................ 1 Section 1-5: Base Anniversary Date...................................................................................................... 1 Section 1-6: Bona Fide Occupational Qualification.............................................................................. 1 Section 1-7: Certification. ..................................................................................................................... 1 Section 1-8: City.................................................................................................................................... 1 Section 1-9: Class.................................................................................................................................. 1 Section 1-10: Competitive Service.......................................................................................................... 2 Section 1-11: Confidential Employee....................................................................................................... 2 Section 1-12: Continuous Service. .......................................................................................................... 2 Section 1-13: Council.............................................................................................................................. 2 Section 1-14: Day.................................................................................................................................... 2 Section 1-15: Demotion........................................................................................................................... 2 Section 1-16: Disciplinary Action........................................................................................................... 2 Section 1-17: Discharge. ......................................................................................................................... 3 Section 1-18: Elected Official. ................................................................................................................ 3 Section 1-19: Eligible.............................................................................................................................. 3 Section 1-20: Employee. ......................................................................................................................... 3 Section 1-21: Employee Organization..................................................................................................... 3 Section 1-22: Employee Relations Officer.............................................................................................. 3 Section 1-23: Employee Relations. ......................................................................................................... 3 Section 1-24: Employment List............................................................................................................... 3 Section 1-25: Evaluation. ........................................................................................................................ 4 Section 1-26: Examination. ..................................................................................................................... 4 Section 1-27: General Service................................................................................................................. 4 Section 1-28: Layoff................................................................................................................................ 4 Section 1-29: Management Employee..................................................................................................... 4 Section 1-30: Part-Time Employee ......................................................................................................... 5 Section 1-31: Permanent Employee. ....................................................................................................... 5 Section 1-32: Personnel Officer. ............................................................................................................. 5 Section 1-33: Police Reserves. ................................................................................................................ 5 Section 1-34: Position Classification Plan. ............................................................................................. 5 Section 1-35: Probationary Period........................................................................................................... 5 Section 1-36: Professional Employee...................................................................................................... 5 Section 1-37: Promotion.......................................................................................................................... 5 Section 1-38: Provisional Appointment. ................................................................................................. 5 Section 1-39: Reclassification. ................................................................................................................ 6 Section 1-40: Reemployment................................................................................................................... 6 Section 1-41: Regular Employee............................................................................................................. 6 Section 1-42: Reinstatement.................................................................................................................... 6 Section 1-43: Reserve Firefighter............................................................................................................ 6 Section 1-44: Safety Member.................................................................................................................. 6 Section 1-45: Salary Range. .................................................................................................................... 6 Section 1-46: Separation. ........................................................................................................................ 6 Section 1-47: Service Year...................................................................................................................... 7 328
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Section 1-48: Supervisory Employee. ..................................................................................................... 7 Section 1-49: Suspension. ....................................................................................................................... 7 Section 1-50: Temporary Employee........................................................................................................ 7 Section 1-51: Transfer............................................................................................................................. 7 Section 1-52: Vacancy............................................................................................................................. 7 Section 1-53: Voluntary Demotion. ........................................................................................................ 7 Section 1-54: Work Schedule.................................................................................................................. 7 RULE II - GENERAL PROVISIONS.......................................................................................................... 8 Section 2-1: Adoption of Personnel System.......................................................................................... 8 Section 2-2: Personnel Officer .............................................................................................................. 8 Section 2-3: Violation Of Rules............................................................................................................ 8 Section 2-4: Content of Rules................................................................................................................ 9 Section 2-5: Amendments and Revisions of Rules ............................................................................... 9 Section 2-6: Departmental Rules......................................................................................................... 10 Section 2-7: Application of Rules — Memoranda of Understanding ................................................. 10 Section 2-8: Severability ..................................................................................................................... 10 RULE III - CLASSIFICATION ................................................................................................................. 11 Section 3-1: Preparation Of Plan......................................................................................................... 11 Section 3-2: Adoption, Amendment, and Revision of Plan ................................................................ 11 Section 3-3: Allocation of Positions.................................................................................................... 11 Section 3-4: New Positions ................................................................................................................. 11 Section 3-5 Reclassification ............................................................................................................... 11 Section 3-6: Interpretation of Class Specifications............................................................................. 11 RULE IV - ANNOUNCEMENTS AND APPLICATIONS....................................................................... 13 Section 4-1: Announcement ................................................................................................................ 13 Section 4-2: Application Forms........................................................................................................... 13 Section 4-3: Disqualification............................................................................................................... 13 Section 4-4 Reasonable Accommodations......................................................................................... 14 RULE V - FAIR EMPLOYMENT PRACTICES....................................................................................... 15 Section 5-1: Equal Employment Opportunity Policy.......................................................................... 15 Section 5-2: Reasonable Accommodations......................................................................................... 15 Section 5-3: Policy Against Harassment, Discrimination and Retaliation.......................................... 15 Section 5-4: Dissemination of Rule..................................................................................................... 16 RULE VI - EXAMINATIONS................................................................................................................... 17 Section 6-1: Nature and Types of Examinations................................................................................. 17 Section 6-2: Promotional Examination ............................................................................................... 17 Section 6-3: Open Examination........................................................................................................... 17 Section 6-4: Conduct of Examination ................................................................................................. 17 Section 6-5: Scoring Examinations and Qualifying Scores................................................................. 17 Section 6-6: Notification of Examination Results............................................................................... 17 Section 6-7: Review of Written Examination Results......................................................................... 18 329
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RULE VII - EMPLOYMENT LISTS......................................................................................................... 19 Section 7-1: Employment Lists........................................................................................................... 19 Section 7-2 Duration of Lists............................................................................................................. 19 Section 7-3: Reemployment Lists ....................................................................................................... 19 Section 7-4: Reinstatement Lists......................................................................................................... 20 Section 7-5: Removal of Names From List......................................................................................... 20 Section 7-6: No Guarantee of Employment ........................................................................................ 20 Section 7-7: Veterans’ Preference....................................................................................................... 20 RULE VIII - METHOD OF FILLING VACANCIES ............................................................................... 22 Section 8-1: Types of Appointment .................................................................................................... 22 Section 8-2: Notice to Personnel Officer............................................................................................. 22 Section 8-3: Consideration of Eligibles............................................................................................... 22 Section 8-4: Appointments - Generally............................................................................................... 22 Section 8-5: Appointment of Safety Members.................................................................................... 22 Section 8-6: Types of Appointments................................................................................................... 23 Section 8-7: Occupation of City Council Seat by City Employees..................................................... 24 Section 8-8: Contract for Special Services.......................................................................................... 24 RULE IX - MEDICAL STANDARDS ...................................................................................................... 25 Section 9-1: Post-Offer, Pre-Employment Examinations.................................................................... 25 Section 9-2 Fitness for Duty Examinations........................................................................................ 25 Section 9-3 After Absence ................................................................................................................. 25 Section 9.4 After Classification Change ............................................................................................ 25 RULE X - ANTI-NEPOTISM.................................................................................................................... 26 Section 10-1 Policy .............................................................................................................................. 26 Section 10-2 Definitions....................................................................................................................... 26 Section 10-3 Notice.............................................................................................................................. 26 Section 10-4 Employees Who Are Spouses and Domestic Partners.................................................... 26 Section 10-5 Employees Who Are Immediate Family Members......................................................... 27 Section 10-6 Policy Exceptions............................................................................................................ 27 Section 10-7 Appeals ........................................................................................................................... 27 Section 10-8 Immediate Family Members of Elected Officials........................................................... 27

RULE XI - TRANSFER, PROMOTION, DEMOTION, REINSTATEMENT, RESIGNATION, AND RETIREMENT ........................................................................................................................................... 29 Section 11-1: Transfer........................................................................................................................... 29 Section 11-2: Promotion........................................................................................................................ 29 Section 11-3: Demotion......................................................................................................................... 29 Section 11-4 Reinstatement.................................................................................................................. 30 Section 11-5: Failure to Report to Work (Job Abandonment) .............................................................. 30 Section 11-6: Resignation ..................................................................................................................... 30 Section 11-7: Retirement....................................................................................................................... 30 Section 11-8: Medical Separations........................................................................................................ 31 330
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Section 11-9: Disability Retirement Applications by Safety Members................................................. 31 Section 11-10:Use of Accrued Leaves................................................................................................... 33 RULE XII - REDUCTIONS IN FORCE.................................................................................................... 34 Section 12-1: Statement of Intent.......................................................................................................... 34 Section 12-2: Notification ..................................................................................................................... 34 Section 12-3: Employee Options........................................................................................................... 34 Section 12-4: Order of Layoff............................................................................................................... 35 Section 12-5: Reemployment List......................................................................................................... 35 Section 12-6: Duration of Reemployment List ..................................................................................... 35 Section 12-7: Reemployment ................................................................................................................ 36 Section 12-8: Layoff of At-Will Employees......................................................................................... 36 RULE XIII - REPORTS AND RECORDS ................................................................................................ 37 Section 13-1: Personnel Records........................................................................................................... 37 Section 13-2: Personnel Actions ........................................................................................................... 37 Section 13-3: Absence Report............................................................................................................... 37 Section 13-4: Medical Records ............................................................................................................. 37 Section 13-5: Recruitment Records....................................................................................................... 38 Section 13-6: Payroll Records............................................................................................................... 38 Section 13-7: Change of Employee Status or Information.................................................................... 38 Section 13-8: Department Records........................................................................................................ 38 Section 13-9 Personnel Forms.............................................................................................................. 38 Section 13-10:Destruction Of Records................................................................................................... 39 RULE XIV - PERFORMANCE EVALUATIONS .................................................................................... 40 Section 14-1 Policy and Purpose of Evaluations.................................................................................. 40 Section 14-2: Timing of Performance Evaluations............................................................................... 40 Section 14-3: Evaluation Procedures..................................................................................................... 40 Section 14-4: Less Than Meets Minimum Requirements Ratings........................................................ 41 Section 14-5: Consideration for Promotion........................................................................................... 41 Section 14-6: Non-Appealable .............................................................................................................. 41 RULE XV - EMPLOYEE EXPECTATIONS AND CONFLICTS OF INTERESTS................................ 42 Section 15-1: General Policy................................................................................................................. 42 Section 15-2: Employee Expectations................................................................................................... 42 Section 15-3: Gifts on Behalf of the City.............................................................................................. 43 Section 15-4: Use of Public Property .................................................................................................... 43 Section 15-5: Political Activities........................................................................................................... 43 Section 15-6: Outside Employment....................................................................................................... 43 RULE XVI - COMPENSATION ............................................................................................................... 45 Section 16-1: Preparation of Plan.......................................................................................................... 45 Section 16-2: Adoption of Plan............................................................................................................. 45 Section 16-3: Placement On and Advancement Through the Plan ....................................................... 45 Section 16-4: Salary Upon Transfer or Promotion................................................................................ 46 331
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Section 16-5: Salary Upon Reclassification .......................................................................................... 46 Section 16-6: Compensation for Temporary Additional Responsibility ............................................... 46 RULE XVII - ATTENDANCE, HOURS OF WORK, OVERTIME AND EXPENSES........................... 48 Section 17-1: Work Schedule................................................................................................................ 48 Section 17-2: Attendance ...................................................................................................................... 48 Section 17-3: Procedure to Receive Compensation .............................................................................. 48 Section 17-4: Work Week or Work Period ........................................................................................... 48 Section 17-5: Overtime ......................................................................................................................... 49 Section 17-6: Compensatory Time Off ................................................................................................. 49 Section 17-7: Reimbursement for Damaged Clothing or Equipment.................................................... 50 Section 17-8: Reimbursement of Expenses........................................................................................... 50 RULE XVIII - PROBATIONARY PERIOD ............................................................................................. 51 Section 18-1: Objective of Probationary Period.................................................................................... 51 Section 18-2: Probationary Period for Regular and Promotion Appointment....................................... 51 Section 18-3: Rejection of Probationer ................................................................................................. 51 Section 18-4: Rejection Following Promotion...................................................................................... 52 RULE XIX - EMPLOYEE BENEFITS...................................................................................................... 53 Section 19-1: Public Employees' Retirement System (PERS) .............................................................. 53 Section 19-2: Deferred Compensation .................................................................................................. 53 Section 19-3: Official City Holidays..................................................................................................... 53 Section 19-4: Vacation Leave ............................................................................................................... 54 Section 19-5: Sick Leave - General....................................................................................................... 54 Section 19-6: Sick Leave – Regular Employees ................................................................................... 54 Section 19-7: Catastrophic Leave Bank ................................................................................................ 56 RULE XX - LEAVES OF ABSENCES ..................................................................................................... 58 Section 20-1: General............................................................................................................................ 58 Section 20-2: Workers’ Compensation ................................................................................................. 58 Section 20-3: Military Leave................................................................................................................. 58 Section 20-4: Leave of Absence Without Pay....................................................................................... 58 Section 20-5: Family and Medical Leaves............................................................................................ 59 Section 20-6: Pregnancy Disability Leave ............................................................................................ 59 Section 20-7: Jury and Witness Leave .................................................................................................. 59 Section 20-8: Bereavement Leave......................................................................................................... 60 Section 20-9: Reproductive Loss Event Leave ..................................................................................... 61 RULE XXI - DISCIPLINARY ACTION................................................................................................... 62 Section 21-1: Types of Disciplinary Action.......................................................................................... 62 Section 21-2: Causes for Disciplinary Action....................................................................................... 62 Section 21-3: Notice of Discipline ........................................................................................................ 63 Section 21-4: Administrative Leave...................................................................................................... 64 Section 21-5: Written Reprimands........................................................................................................ 64 Section 21-6: Appeals ........................................................................................................................... 64 332
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RULE XXII - GRANT FUNDED POSITIONS AND EMPLOYMENT CONDITIONS ......................... 67 Section 22-1: Grant Funded Positions................................................................................................... 67 Section 22-2: Filling Grant Funded Positions....................................................................................... 67 Section 22-3: Grant Fund Employee Rights and Privileges.................................................................. 67 RULE XXIII - TRAINING AND SAFETY............................................................................................... 68 Section 23-1: Responsibility for Training ............................................................................................. 68 Section 23-2: Credit for Training .......................................................................................................... 68 Section 23-3: Payment of Tuition.......................................................................................................... 68 Section 23-4: Safety Program................................................................................................................ 68 RULE XXIV - GRIEVANCES................................................................................................................... 70 Section 24-1: Grievance Defined.......................................................................................................... 70 Section 24-2: Grievance Procedures ..................................................................................................... 70 Section 24-3 Grievances Involving Payment of Compensation........................................................... 71 Section 24-4 General Conditions Applying to All Greivances............................................................ 71 333
1 RULE I

DEFINITION OF TERMS
Section 1-1: Advancement.

A pay increase within the limits of a pay range established for a class or classification.

Section 1-2: Allocation.

The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.

Section 1-3: Anniversary Date.

The date a merit increase or administrative decrease in salary is effective as a result of hiring, reclassification, promotion, or demotion (see base anniversary date).

Section 1-4: Appointing Authority.

The position responsible for hiring, firing, direction of work, scheduling, and supervision of work for each position, normally the head of a department unless otherwise designated by the City Manager.

Section 1-5: Base Anniversary Date.

The date of first appointment to a regular position within the City service upon which seniority and retirement eligibility are based. In most cases, such appointment would be probationary.

Section 1-6: Bona Fide Occupational Qualification.

A job-related requirement for holding an established position.

Section 1-7: Certification.

The act of providing formal written verification of eligibility for employment.

Section 1-8: City.

The City of South Lake Tahoe.

Section 1-9: Class.

All positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title, and for which similar qualifications may be required and a salary applied equitably.
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2 Section 1-10: Competitive Service.

The competitive service shall include all positions in the City except: elective officers; persons engaged under contract to supply expert, professional, technical consultation, or other services; the City Manager; the City Attorney; Department Heads; emergency employees hired to meet immediate requirements of an emergency condition (i.e.: fire, flood, or earthquake); members of appointive boards commissions, and committees; volunteer personnel, including but not limited to reserve firefighters and reserve police officers; temporary employees; and those specifically designated by the City Council to be exempted from competitive service. The competitive service is also referred to in these rules as the “merit system” or “merit system service.” Section 1-11: Confidential Employee.

Section 1-12: Continuous Service.

Employment with the City without break or interruption excluding authorized vacation, military leave, or leaves of absence with or without pay which are approved or ordered by the appointing authority.

Section 1-13: Council.

The City Council of the City of South Lake Tahoe.

Section 1-14: Day.

Calendar day.

Section 1-15: Demotion.

The movement of an employee from one class to another having a lower maximum rate of pay, or from one step in the salary range to a lower step in the salary range. Voluntary reductions are not considered demotions.

Section 1-16: Disciplinary Action.

Disciplinary action may include a written reprimand, suspension, demotion, reduction in pay, or an involuntary dismissal of an employee.
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3 Section 1-17: Discharge.

The termination from service for just cause of an employee by the appointing authority.

Section 1-18: Elected Official.

A person who won a City office in a free election, or a person who was appointed to fill a vacancy in a City elected office.

Section 1-19: Eligible.

A person whose name is on a current employment list, established by the Personnel Officer.

Section 1-20: Employee.

Any person employed by the City. The term “employee” does not include those elected by popular vote (Elected Officials) or appointed by the Council to advisory boards and commissions.

Section 1-21: Employee Organization.

Any lawful organization which includes as members, employees of the City, and which has as one of its purposes representation of such employees in their relations with the City; provided, however, that said organization has no restriction on membership based on race, color, creed, sex, or national origin.

Section 1-22: Employee Relations Officer.

A designate of the City Manager who shall be the City’s representative in such employer/employee relations matters as the City Manager shall delegate to them, including the administration of this section.

Section 1-23: Employee Relations.

The relationship between the City and its employees and their employee organizations, or when used in a general sense, the relationship between management and employees or employee organizations.

Section 1-24: Employment List.

A list of persons who are eligible for appointment to positions with the City. Employment lists may take the form of:

A. Open Employment List: A list of persons who have taken an open competitive examination for a specific class and have qualified to be considered for appointment to an available position in that classification.

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4 B. Promotional Employment List: A list of employees who have taken a promotional examination for a specific class and have qualified to be considered for appointment to an available position in that classification.

C. Re-employment List: A list of names of persons previously employed by the City and either laid off or resigned in accordance with these rules.

Section 1-25: Evaluation.

A written report of performance and capability of meeting duties assigned to a specific position, prepared in accordance with these rules by the appointing authority or his/her designee.

Section 1-26: Examination.

The process of recruiting for the appointment of employees to City positions. Types of examinations include:

A. Open Competitive Examination: An examination for a particular class which is open to all persons meeting the qualifications for the class.

B. Promotional Examination: An examination for a particular class which requires that only regular employees who meet the qualifications for the class may be considered.

C. Continuous Examination: An open competitive examination administered periodically which results in names being placed on an employment list in the order of final score.

Section 1-27: General Service.

Positions of employment that are excluded from the competitive service will be referred to as being in the general service. The general service does not include elected officials, independent contractors, or volunteers.

Section 1-28: Layoff.

Separation of an employee from employment with the City, without prejudice, because of lack of work, lack of funds, reorganization, reduction in appropriation, abolition of position, or other reason(s) deemed appropriate by the City Council.

Section 1-29: Management Employee.

Any employee having significant responsibilities for formulating and administering City policies and programs and having responsibility for directing the work of subordinates through lower level supervision.
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5 Section 1-30: Part-Time Employee.

An employee who works less than forty (40) hours per week.

Section 1-31: Permanent Employee.

An employee, who may be full or part-time, who has successfully completed the probationary period and is filling a regular position established by the Council and provided for in the annual salary resolution.

Section 1-32: Personnel Officer.

The City Manager or designee.

Section 1-33: Police Reserves.

A volunteer Police Officer who provides supplemental resources to the Police Department.

Section 1-34: Position Classification Plan.

A schedule of classification descriptions setting forth minimum requirements and qualifications for appointment to a vacant position.

Section 1-35: Probationary Period.

An extension of the recruitment process during which an employee appointed to a position in the merit system is required to demonstrate an ability to satisfactorily perform the duties for the position to which appointment has been made.

Section 1-36: Professional Employee.

Employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to: attorneys, engineers, architects, and the various types of physical, chemical, and biological scientists.

Section 1-37: Promotion.

The movement of an employee from one class to another having a higher maximum rate of pay and responsibility.

Section 1-38: Provisional Appointment.

An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of an appropriate employment list as provided for in these rules.
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6 Section 1-39: Reclassification.

The reassignment of a position by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level as measured by a change in the kind, difficulty, and responsibility of the work performed. Movement within a class is considered to be a reclassification.

Section 1-40: Reemployment.

The return to employment with the City of an individual who was laid off from City service.

Individuals eligible for reemployment will have their names included on a reemployment list that is created in conjunction with the reduction in force that resulted in their separation from City employment. A reemployed individual may be on one or more reemployment lists if they have service in multiple job classifications.

Section 1-41: Regular Employee.

An employee in a regular budgeted position who is not employed on as-needed basis (e.g., parttime hourly employees) or for a temporary or limited duration. Regular employees may be fulltime or part-time. Regular employees may be in the general service or the competitive service.

Regular employees in the competitive service must complete a probationary period as provided in these rules.

Section 1-42: Reinstatement.

Re-employment without examination of a former regular employee who has resigned from City employee, within one year from date of separation unless otherwise provided by these rules or applicable Memoranda of Understanding.

Section 1-43: Reserve Firefighter.

A volunteer firefighter who provides supplemental resources to the Fire Department.

Section 1-44: Safety Member.

An employee of the Fire or Police Departments who is sworn and meets the requirements set forth by PERS for safety member eligibility.

Section 1-45: Salary Range.

The minimum, maximum and intermediate salary steps that are assigned to a class and the positions within that class.

Section 1-46: Separation.

Any termination of employment, including death, discharge, lay-off, resignation, retirement, or 339
7 work completion.

Section 1-47: Service Year.

One year from the date of hire. Every year from that date will be considered another “service year.” Section 1-48: Supervisory Employee.

Any employee having authority to exercise independent judgment in the interest of the City to hire, transfer, suspend, lay off, reinstate, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment.

Section 1-49: Suspension.

Removal from service with or without pay for a limited period as determined by the appointing authority.

Section 1-50: Temporary Employee.

An employee appointed to fill a position which is identified as temporary, extra help, intermittent, on-call, or seasonal in nature and not an appointment to an authorized regular position. A temporary employee also includes short term employment of 2080 hours or less during a twentyfour (24) month period, and necessitated by temporary or emergency needs, special programs, or unusual work conditions. The appointment may be part-time or full-time. Temporary employees are not eligible to receive those benefits of employment authorized for regular positions.

Section 1-51: Transfer.

An appointment from one position to another in the same or in a comparable class.

Section 1-52: Vacancy.

An authorized position that is not occupied.

Section 1-53: Voluntary Demotion.

The movement of an employee, with consent of the appointing authority and Personnel Director, from one class to another having a lower maximum rate of pay and lesser requirements of responsibilities. Employees voluntarily reducing from one class to another must possess the minimum or desirable qualifications established for that particular class.

Section 1-54: Work Schedule.

Those hours during a calendar week designated as the hours to be worked by an employee. 340
8 RULE II

GENERAL PROVISIONS
Section 2-1: Adoption of Personnel System
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees, both in the competitive service and the general service, will be based on merit and fitness, and to provide a reasonable degree of security for qualified employees, the City Council hereby adopts the rules and regulations set forth herein.

Section 2-2: Personnel Officer
The Personnel Officer or designee shall:

A. Administer all the provisions of the personnel rules not specifically reserved to the City Council, City Manager, or Department Heads.

D. Prepare, or cause to be prepared, a plan of compensation covering all employees.

The plan, and any revisions thereof, shall become effective upon adoption by the Council.

E. Provide for the publishing or posting of notices of tests for City positions, the receiving of applications thereof, the conducting and grading of tests, and the certification to the appointing power of a list of all persons eligible for appointment to City positions.

F. Maintain a current system of personnel records, forms, and systems for the implementation of these personnel rules and regulations.

Section 2-3: Violation Of Rules
Each appointing authority and each employee is responsible for compliance with these rules.

Violation of these rules shall be grounds for rejection of application, removal from an employment list, dismissal, or other disciplinary action deemed appropriate. 341
9 Section 2-4: Content of Rules
The rules shall establish regulations governing the personnel system, including but not limited to, the following:

A. Preparation, implementation, revision, and maintenance of a position classification plan governing all City positions, including employment standards and qualifications for each class.

B. Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class.

C. Announcements of all open tests and acceptance of applications for employment.

D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment.

E. Certification and appointment of persons from employment lists and appointments of provisional, temporary, and emergency personnel.

F. Evaluation of employees during the probationary period.

G. Transfer, promotion, demotion, reinstatement, disciplinary action, layoff, and separation of employees.

H. Standardization of hours of work and attendance and leave regulation, working conditions, and the development of employee morale.

I. The establishment of adequate personnel records.

J. The establishment of grievance and appeal procedures.

K. Rules governing employer/employee organizations as provided by statute.

L. Safety and training.

Section 2-5: Amendments and Revisions of Rules
These Rules shall be established by resolution adopted by the City Council. Proposed amendments and/or revisions to these Rules shall be submitted to the City Council in writing by the Personnel Officer. Proposed amendments or revisions to these rules shall be provided to all recognized employee organizations as required by applicable law. Amendments and revisions shall become effective upon adoption by the City Council.
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10 Section 2-6: Departmental Rules
These rules may be augmented by personnel rules and regulations found to be required by the separate departments for the full performance of duties and responsibilities. Such rules and regulations, prior to adoption, amendment and enforcement, shall be subject to the following requirements:

A. Not conflict with these rules or City ordinances or resolutions for amendments thereto;
B. Be prepared in writing and submitted to the Personnel Officer and City Attorney for review and approval prior to adoption;
C. Except in cases of emergency, be circulated to any appropriate recognized employee organization in writing, not less than ten (10) working days prior to adoption;
D. Except in cases of emergency, be posted and/or distributed in writing to each affected employee not less than ten (10) working days prior to adoption.

Section 2-7: Application of Rules — Memoranda of Understanding In the event provisions of these rules or departmental rules contradict those included in Memoranda of Understanding accepted by the City and currently in effect between the City and formally recognized employee organizations, the terms of the Memoranda of Understanding shall prevail.

Section 2-8: Severability
If any provision of these Rules is held invalid, then the remainder of these rules and there application shall not be affected.
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11 RULE III

CLASSIFICATION
Section 3-1: Preparation Of Plan
The Personnel Officer shall ascertain and record the duties and shall recommend a Position Classification Plan for all City positions. In so doing, the Personnel Officer may consult with department heads and employees. The Position Classification Plan shall consist of specifications for each classification, including the title and minimum or desirable requirements and qualifications for appointment. The Position Classification Plan shall be developed and maintained so that all positions which are substantially similar with respect to duties, responsibilities, authority, and character of work are included in the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positions in the same class.

Section 3-2: Adoption, Amendment, and Revision of Plan
The Position Classification Plan shall be adopted and may be amended or revised, as necessary, by resolution of the City Council. Proposed amendments and revisions to the Position Classification Plan shall be submitted to the City Council in writing by the Personnel Officer.

Proposed amendments to the Position Classification Plan shall be provided to all recognized employee organizations as required by applicable law. Amendments and revisions shall become effective upon adoption by the City Council.

Section 3-3: Allocation of Positions
The number of regular positions and the classification of such regular positions allowed within each department shall be established by resolution of the Council and may be reflected in the Position Classification Plan.

Section 3-4: New Positions
Whenever a new position is allocated, the Personnel Officer shall notify the appointing authority when the position may be filled. Except as otherwise provided herein, no appointment shall be made for such new position until the Finance Officer has confirmed that funds are available.

Section 3-5 Reclassification
In the event duties for a position change significantly from the classification description, the Personnel Officer shall allocate the position to a more appropriate class. Reclassification shall not be used for the purpose of avoiding regulations concerning demotions and promotions.

Section 3-6: Interpretation of Class Specifications
The following principles shall be applied when interpreting specifications for the various classes of positions:
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12 A. The specifications are descriptive only and are not restrictive. They are intended to indicate the kinds of positions that should be allocated to the respective classes as determined by their duties, responsibilities and qualification requirements. Use of a particular expression or illustration shall not be held to exclude others not mentioned if such others are similar in kind or quality.

D. The typical tasks shall be construed as examples only, illustrative of the duties as outlined by the general statement. These examples are not intended to be complete or exclusive and the fact that the actual task performed by the incumbent of a position does not appear therein shall not be taken to mean that the position is necessarily excluded from the class, provided that the tasks constituting the main work or employment are duly covered by the general statement of duties. On the other hand, any one example of a typical task without relation to the general statement of duties and all other parts of the specifications shall not be construed as determining whether a position should be allocated to the class.

ANNOUNCEMENTS AND APPLICATIONS
Section 4-1: Announcement
All examinations for classes shall be publicized by such methods as the Personnel Officer or designee deems appropriate. All open and promotional examinations in the competitive service shall be posted by the City in a manner that is reasonably likely to attract qualified applicants for a period of not less than ten (10) business days before the filing deadline. The announcements shall specify the title and salary of the class for which the examination is announced, the nature of the work to be performed, any special skills required, the manner of making applications, and other pertinent information.

Section 4-2: Application Forms
Applications shall be made as prescribed on the examination announcement and consistent with applicable state and federal laws. If a specific form is required, that form shall require information covering training, experience, and other information pertaining to the minimum or desirable bona fide qualifications of the class. All application forms shall include a voluntary confidential data sheet for compliance with federal and state discrimination prevention laws.

Section 4-3: Disqualification
The Personnel Officer may reject any application that is incomplete, was not submitted by the specified filing date, and/or indicates on its face that the applicable does not meet the minimum qualifications required for the position. Applications may also be rejected if the person:

A. Has made any false statement of any material fact or engaged in any deception or fraud in an application;
B. Has been discharged from employment for reasons which indicate unfitness for performing the duties and responsibilities of the class or position; C. Has directly or indirectly obtained information regarding examinations to which the applicant was not entitled or has otherwise defrauded the examination process; D. Has willfully omitted or misstated material facts in completing an application for City employment;
E. Does not satisfactorily complete any element of the selection process; F. Is unable to perform the essential functions of the class or position, with or without 346
14 reasonable accommodation if disabled; or
G. For any material cause which in the judgment of the Personnel Director or designee would render the applicant unsuitable for the position, including but not limited to prior resignation from the City, termination from the City, or prior disciplinary action.

At the discretion of the Personnel Director or designee, an applicant may be asked to correct an application that is missing required information, provided, however, that all filing deadlines are met by the applicant.

Section 4-4 Reasonable Accommodations
With adequate notice, the City shall provide reasonable accommodations to applicants with a disability (as defined by applicable federal and state law) in order to ensure access to the application and examination process.
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15 RULE V

FAIR EMPLOYMENT PRACTICES
Section 5-1: Equal Employment Opportunity Policy
The City is an equal opportunity employer. The City prohibits discrimination against employees or applicants for employment on the basis of race, religious creed, color, age, sex, sexual orientation, gender, gender identity, gender expression, national origin, ancestry, marital status, medical condition as defined by state law (cancer or genetic characteristics), disability, military service and veteran status, pregnancy, childbirth and related medical conditions, reproductive health decisionmaking, or any other characteristic protected by applicable state, federal or local law.

Section 5-2: Reasonable Accommodations
The City is committed to providing reasonable accommodations where appropriate to qualified applicants and employees with known disabilities, unless doing so would impose an undue hardship on the City or pose a direct threat of substantial harm to the employee or others. The City will also provide reasonable accommodations for the religious beliefs and practices of qualified job applicants and employees, unless doing so would impose an undue hardship on the City.

Section 5-3: Policy Against Harassment, Discrimination and Retaliation The City is committed to providing all employees, applicants, officers, officials, volunteers, interns and contractors with a workplace that is free from harassment, discrimination or retaliation as defined in this Rule. The City does not tolerate harassment, including sexual harassment, or discrimination on the basis of race, religious creed, color, age, sex, sexual orientation, gender, gender identity, gender expression, national origin, ancestry, marital status, medical condition as defined by state law (cancer or genetic characteristics), disability, military service and veteran status, pregnancy, childbirth and related medical conditions, reproductive health decision-making or any other characteristic protected by applicable state, federal or local law. Any violation of this rule will lead to disciplinary action, up to and including termination. 348
16 This Rule against harassment, discrimination and retaliation prohibits elected officials, appointed officials, officers, employees, volunteers, interns and contractors from harassing or discriminating against applicants, officers, officials, employees, volunteers, inters and contractors because: (1) of an individual’s protected characteristic; (2) of the perception that an individual has a protected characteristic; or (3) the individual associates with a person who has or is perceived to have a protected characteristic. The rule also prohibits retaliation against any individual who has made a good-faith complaint of harassment or discrimination, or who participates in an investigation undertaken by the City into a complaint or harassment, discrimination or retaliation. Please refer to the City’s Employment Policies for more detail.

If it is determined that a violation of this Rule has occurred, the City will take corrective measures.

All employees of the City are required to complete harassment prevention training as required by applicable law. For more information about this training requirement, employees can visit https://calcivilrights.ca.gov/shpt/.

Section 5-4: Dissemination of Rule
All City officials, officers, employees, volunteers and interns shall receive a copy of the City’s Fair Employment Policies. These policies may be updated from time to time and, as such times, will be redistributed to all employees.
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17 RULE VI

EXAMINATIONS
Section 6-1: Nature and Types of Examinations
The selection techniques used in the examination process shall be impartial, of a practical nature, and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the capability of applicants to perform duties assigned to the class for which they seek appointment.

Examinations may include but not necessarily be limited to: written and performance tests, personal interviews, work samples, medical or other exams, or any combination of these or other requirements for that job. The probationary period shall also be considered a portion of the examination process. Examinations shall 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.

Section 6-2: Promotional Examination
Promotional examinations shall be conducted upon approval of the Personnel Officer subject to provisions of this section when the needs of the service require, or upon request of the appointing authority. Promotional examinations may include any of the selection methods set forth in Section 6-1 above. Only regular employees meeting the requirements set forth in the promotional examination announcements or departmental rules may compete in promotional examinations.

Section 6-3: Open Examination
Open competitive examinations may be administered periodically as the needs of the service require. Names shall be posted on employment lists and shall remain on such lists as prescribed in Rule VII herein.

Section 6-4: Conduct of Examination
The City may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer or designee shall see that such duties are performed, including making arrangements for the use of public buildings and equipment for the conduct of examinations.

Section 6-5: Scoring Examinations and Qualifying Scores An applicant's score in any examination is based upon the scores achieved for each part of the examination as provided in the examination announcement. Failure in one part of an examination may authorize the Personnel Officer to disqualify applicants from the remaining parts of the examination.

Section 6-6: Notification of Examination Results
Each applicant shall be given written notice of the results of the examination. 350
18 Section 6-7: Review of Written Examination Results
Applicants shall have the right to inspect the results of their own written examination if a written examination was part of the application process and when permitted by the author of the exam.

Applicants may request review within five (5) working days after the notices of written examination results were mailed. Review is limited to only review of written examinations and does not include review of any practical examination or oral examination. Any error in computation of a written examination result, if called to the attention to the Personnel Officer within this period, shall be corrected. Questions and content of the written examination may be challenged by filing a written appeal to the Personnel Officer within five (5) working days of mailing of the applicant’s examination results, stating the reasons for the challenge. All decisions of the Personnel Officer are final. If any question is disqualified, all candidates shall be so notified in writing of the effect on examination scores. Said changes in results shall not affect any appointments that have already been made.
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19 RULE VII

EMPLOYMENT LISTS
Section 7-1: Employment Lists
Within thirty (30) days after completion of an examination, the Personnel Officer shall prepare and keep available an eligible list consisting of the names of applicants who qualify in an examination, arranged in order of final scores from highest to the lowest qualifying scores. Multiple employment lists for a single classification are permitted. When multiple employment lists exist, an eligible shall be considered based on their overall rating as opposed to when they were placed on an employment eligibility list, except that eligibles on a reemployment list will have priority over all other lists.

Section 7-2 Duration of Lists
Employment lists shall normally remain in effect for a period of twelve (12) months following the date the eligible list is established. Employment lists may be extended for an additional period prior to their expiration date by action of the Personnel Officer. However, in no event shall an employment list remain in effect for more than eighteen (18) months.

The Personnel Officer, after consultation with the appointing authority and approval by the City Manager may terminate an eligible list at any time where it is not possible to certify at least three (3) qualified persons to an appointing authority for consideration in the filling of a position. In the event an employment list is terminated with one or more eligibles remaining, prior to completion of twelve (12) months from the date established, the Personnel Officer shall notify the remaining eligibles.

In the event a person appearing on an eligible list is appointed to a temporary or seasonal position they shall retain their eligibility for appointment to a regular position so long as they are continuously employed in the temporary or seasonal position even if the eligible list has expired or has been terminated by the Personnel Officer.

Section 7-3: Reemployment Lists
The names of probationary and permanent employees who have been laid off in accordance with these rules shall be placed on an appropriate re-employment list in order of total continuous accrued time served in probationary and permanent status. Names placed on such reemployment lists shall remain on the list for a period of twelve (12) calendar months unless otherwise provided in these rules or applicable Memoranda of Understanding. Employees on a reemployment list will have priority for appointment to vacant positions over individuals on any other list, subject to the provisions providing for removal of names from the list, Section 7-5.
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20 Section 7-4: Reinstatement Lists
In the event of resignation, employees may request in writing and within one year after resignation, to be reinstated on an employment list. However, reinstatement shall be based upon the position on the first employment list such employee's name first appeared and not automatically at the top of such list. Such placement on list shall be at the request of the resigning employee. Eligibility for reinstatement shall not continue beyond twelve (12) months from date of separation from city service.

Section 7-5: Removal of Names From List
The names of any persons appearing on an employment eligibility list shall be removed by the Personnel Officer if the eligible: (1) requests such removal in writing; (2) fails to respond to a notice mailed to the last known address of the eligible within ten (10) working days of the date of the letter; (3) no longer meets the eligibility requirements for appointment; (4) is subsequently hired by the City; (5) after the appointing authority indicates they no longer wish to consider the eligible for appointment; or (6) for reasons specified in Section 4-3. The names of persons on a promotional list shall automatically be dropped from the promotional list in the event of termination or resignation.

Section 7-6: No Guarantee of Employment
No person who appears on an eligibility list is guaranteed employment with the City. The appointing authority or designee may opt not to hire any/or all persons whose name appear on an eligibility list.

Section 7-7: Veterans’ Preference
The City will grant a veteran, as defined in this Rule, with preference points on entrance examinations, nor to a current employee in a regular position.

Eligible veterans who obtain a passing score and are placed on an employment eligibility list will receive a veterans’ preference notation and such individuals shall be considered prior to the appointing authority’s consideration of other equally ranked eligibles. 353
21 Any individual applicant for entrance employment with the City wishing to receive veterans’ preference must submit proof of their veteran status in the form of a DD-214 along with the original employment application.

Veterans’ preference points shall not be given to those applicants who:

1. Are competing in a promotional examination on or for a classification not included within the competitive service; or

2. Were discharged for a reason other than “honorable.” 354
22 RULE VIII

METHOD OF FILLING VACANCIES
Section 8-1: Types of Appointment
All appointments to vacancies occurring in the competitive service shall be based upon merit and fitness ascertained in accordance with these rules and shall be filled by transfer, demotion, or from eligibles from an appropriate employment list, if available. In the absence of persons eligible for appointment from an eligibility list, provisional appointments may be made in accordance with this Rules. All appointments shall be made by the appointing authority.

Section 8-2: Notice to Personnel Officer
Whenever a vacancy in the competitive service is to be filled, the appointing authority or designee shall notify the Personnel Officer. The Personnel Officer shall advise the appointing authority or designee as to the availability of any reemployment list, and if there is no reemployment list, then as to the availability of eligibles on employment eligibility lists for the class. If there is no employment list available for a class, the Personnel Officer shall decide whether or not the position may be filled provisionally and whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open eligible list.

Section 8-3: Consideration of Eligibles
Any applicant on the employment eligibility list may be considered for appointment, and such consideration of applicants shall be termed “the rule of the list” such that any individual on the list may be appointed to a vacancy. For vacancies occurring in the competitive service, the Personnel Officer shall certify to the appointing authority, from an appropriate list, up to five eligible candidate names more than the number of vacancies to be filled. No person on an employment eligibility list shall be considered for appointment unless all other eligible with a higher or equal employment list ranking have been interviewed by the appointing authority or designee.

Section 8-4: Appointments - Generally
The appointing authority shall fully consider each of the eligibles certified. Following an interview and other appropriate candidate review, the appointing authority shall notify the Personnel Officer and the eligibles considered of the appointing authority’s determination. If the applicant accepts appointment and reports for duty within such period of time as prescribed by the appointing authority, the applicant shall be deemed to be appointed; otherwise, the applicant is deemed to have declined appointment.

Section 8-5: Appointment of Safety Members
Appointment of safety members shall be made as set forth in these Rules. However, the appointing authority shall not confirm an appointment of a safety member until a medical examination has been completed by a doctor designated by the City, with a report indicating that the candidate is physically able to perform the duties as prescribed for the class as set forth herein. 355
23 Section 8-6: Types of Appointments
A. At-Will Appointments. Except as being within the competitive service or as defined in an employment agreement, all appointments, regardless of type are atwill appointments which may be terminated with or without cause and with or without notice at any time by either the employee of the City. Nothing in these personnel rules or in any document or statement shall limit the right to terminate employment at will. Only the City Council may approve or authorize an employment agreement that can alter the at-will relationship and any such employment agreement must be in writing.

C. Temporary Appointments: Appointments to a position which is not a regular position appointment. Whenever possible, temporary employees should be appointed from an appropriate eligible list. Temporary appointments are limited to a period of time not to exceed 2,080 regular hours worked in a twenty-four (24) month period. Temporary employees are not guaranteed a minimum number of hours of work per day, per month, or per year. In addition, temporary employees have no rights of continued employment even when their service is satisfactory.

Temporary employees serve at the pleasure of the appointing authority and may be separated from City service at any time by action of the appointing authority.

Eligibility of temporary employees for retirement benefits shall be in accordance with the rules and regulations of the Public Employees' Retirement System. Service time as a temporary employee shall not count towards any benefits, accruals or incentive pay, except as required by law.

D. Provisional Appointments: In the absence of there being names of three (3) individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be authorized by the Personnel Officer for a person meeting the bona fide training and experience qualifications for the positions. An employment list shall be established for any regular position filled by a provisional appointment no later than three (3) months from the date the provisional appointment was effected. A provisional employee may be removed at any time without the right of appeal or hearing.

E. Emergency Appointments: To meet the requirements of an emergency condition that threatens life, property or the general welfare of the City, the City Manager may employ such persons as may be needed for the period of the emergency, without regard to the regulations as to appointment in these rules. Any emergency appointment will be an at-will appointment.
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24 F. Out of Class Appointments. In every City department, subordinate employees may be assigned to temporarily assume the duties of a higher-level position which is vacant pending an active recruitment for a regular appointment. When an employee is appointed by the appointing authority to work in an out of class appointment, the employee will be paid at the lowest step in the salary range associated with the classification for the out of class appointment which provides a minimum increase of five percent (5%) above the normal rate of pay for the employee. An out of class appointment may not exceed 960 hours in a fiscal year.

Section 8-7: Occupation of City Council Seat by City Employees No person, upon election to a position upon the City Council and so long as such position is held, shall be employed by, or remain employed by, the City of South Lake Tahoe.

Section 8-8: Contract for Special Services
The City Manager shall consider and make recommendations to the Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Council may contract with any qualified person or agency for the performance of any of the following responsibilities and duties:

A. The preparation of personnel rules and subsequent revisions and amendments thereof.

B. The preparation of a Position Classification Plan and subsequent revisions and amendments thereof.

C. The preparation of a plan of compensation and subsequent revisions and amendments thereof.

D. The preparation, conduct, and grading of competitive test.

E. Special and technical services of advisory or informational character on matters relating to personnel administration.
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25 RULE IX

MEDICAL STANDARDS
Section 9-1: Post-Offer, Pre-Employment Examinations
A post-offer, pre-employment medical examination may be required for applicants in select classes. Any pre-employment physical will be done in accordance with the standards set forth in the Americans with Disabilities Act or other applicable law to determine whether the employee can perform the essential duties of the position, with or without reasonable accommodation.

No appointment may be made official until a positive determination is made that the applicant can perform the essential functions of the position, with or without reasonable accommodation.

Section 9-2 Fitness for Duty Examinations
An employee may be required to undergo a physical and/or mental evaluation (i.e., a medical examination) to determine his/her capacity to perform the duties of his/her position. An employee may be required to submit to an examination by a competent medical practitioner whenever there is a reasonable suspicion that an employee is physically or mentally unfit to perform the duties of his/her position, may subject others to infection or may subject the employee or third persons to the risk of injury.

Section 9-3 After Absence
The City may require a medical examination and/or medical release before an employee may return to work following an absence due to illness, injury, or surgery.

Section 9.4 After Classification Change
A standard medical examination may be required before an employee is appointed to a classification with more rigorous medical standards. A medical examination will be done in accordance with the standards set forth in the Americans with Disabilities Act or other applicable law.
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26 RULE X

ANTI-NEPOTISM
Section 10-1 Policy
It is City policy not to discriminate in its employment or personnel actions with respect to its employees and applicants on the basis of marital or domestic partner status. Notwithstanding this policy, the City reserves the right to reasonably regulate, for reasons of supervision, safety, security or morale, the assignment of spouses and registered domestic partners within the same department, division, facility or unit. The City further reserves the right to decline to hire or promote the immediate family member of any employee for any reason. Promotional advancement may also be denied if the promotion places one spouse, registered domestic partner, or immediate family member under the supervision of another. Exceptions to this policy require the written approval of the Department Head, Human Resources Manager, and the City Manager.

Section 10-2 Definitions
For purposes of this rule, the following definitions shall apply:

A. Marital status is defined as an individual’s state of marriage, divorce or dissolution, separation, or annulment.

C. Domestic partner is as defined in Family Code section 297.

Section 10-3 Notice
Any applicant for a position with the City will be required to notify the City if they have or reasonably anticipate (e.g., because a pending engagement) having a marital and/or familial relationship with an existing employee or City official. This notice shall include the name(s) of the existing employee(s) and/or official(s) with whom the applicant has a relationship, as well as the nature of that relationship.

Section 10-4 Employees Who Are Spouses and Domestic Partners The City will investigate to determine if there are any reasonable modifications or changes in procedure that can be made to minimize operational concerns regarding supervision, safety, security or morale whenever the employment status of two employees results in either:

1. One spouse or registered domestic partner directly supervising another; or 359
27 2. Two or more spouses or registered domestic partners working within the same department or division.

Section 10-5 Employees Who Are Immediate Family Members The City need not make reasonable modification or changes in procedure when the relationship between two or more employees is that of immediate family members and not that of spouses or registered domestic partners. In addition, the City need not transfer or reassign immediate family members and can move to retain one immediate family member and terminate the other. Factors the City might use in evaluating which employee to retain include, for example, performance, tenure, position within the organization, or other factors deemed relevant by the appointing authority or designee.

Section 10-6 Policy Exceptions
Spouses, domestic partners, or immediate family members employees may continue to work in the same department subject to approval by the Department Head, the Human Resources Manager, and the City Manager.

Section 10-7 Appeals
Any permanent employee who was employed in a position within the competitive service who is separated from City service under this rule may utilize the disciplinary appeal procedure as identified under the applicable collective bargaining agreement or, if none, the Grievance Procedure as described in these rules. Other actions (for example, a transfer, demotion or lost opportunity for overtime or supplemental pay) are not subject to appeal.

Section 10-8 Immediate Family Members of Elected Officials No person who is the spouse, registered domestic partner, or immediate family member of a current City elected official shall be eligible for appointment. The spouse, registered domestic partner or immediate family member of an elected official currently employed as of the date the elected 360
28 official assumes office shall not be subject to automatic exclusion of employment. The City Manager may, however, utilize the provisions of this policy to transfer, reassign, or terminate the employee, if necessary, for the efficient operation of City business. 361
29 RULE XI

TRANSFER, PROMOTION, DEMOTION, REINSTATEMENT,

RESIGNATION, AND RETIREMENT
Section 11-1: Transfer
Transfers may be voluntary or involuntary. No person shall be transferred to a position for which the bona fide qualifications are not possessed. Upon notice to the Personnel Officer, an employee may be transferred at any time by the appointing authority or designee from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties, and requires substantially the same basic qualifications.

Section 11-2: Promotion
If, in the opinion of the Personnel Officer, it is in the best interest of the municipal service, vacancy in the position may be filled by a promotional examination instead of open-competitive examination. A minimum of five percent (5%) increase in pay will be granted to employees receiving a promotion, unless the existing top step in the new position is less than five percent (5%) higher. A new anniversary date will be established for a promoted employee, and a new probationary period will begin on the first date in the new position.

Section 11-3: Demotion
Demotions may be voluntary or involuntary. A voluntary demotion occurs when an employee requests a transfer to a position with salary range that contains a lower maximum salary than the range applicable to the requesting employee’s position. Upon receiving a request for a voluntary demotion, the appointing authority will review the request and decide, in the appointing authority’s sole discretion, whether to grant or deny the request. An involuntary demotion will be accomplished in accordance with the disciplinary process described in these rules. No employee shall be demoted to a position who does not possess the minimum qualifications. 362
30 Section 11-4 Reinstatement
Upon approval of the Personnel Officer, a regular employee who has resigned may be reinstated to City service within one year of the effective date of resignation to a vacant position in the same or comparable class, provided that such employee possessed a satisfactory performance record.

Eligibility for reinstatement will be in accord with these rules and shall not continue for a period beyond twelve (12) months from the date of separation unless otherwise provided in these rules or applicable Memoranda of Understanding. Upon reinstatement, the employee shall be granted seniority for previous continuous service including vacation accrual rates. Sick leave accrued prior to termination will be restored except where payment has been made. A reinstated employee will be placed as the same salary step placement held before the employee’s resignation. A new anniversary date will be established for the employee that includes the previous continuous services but excludes the period of absence from the employment of twelve (12) months or less." Section 11-5: Failure to Report to Work (Job Abandonment) An employee who fails to report to work, fails to return from an authorized leave of absence, and/or fails to call off from work for three (3) or more consecutively scheduled work days is deemed to have voluntarily resigned employment through job abandonment. A regular employee who has passed probation will receive notice of intent to dismiss for job abandonment, an opportunity to respond, and the final notice of dismissal for job abandonment before being separated under this provision. At the discretion of the Personnel Officer, an employee separated for job abandonment may be reinstated upon proof of justification for such absence, such as severe accident, severe illness, or mental or physical impairment which prevented notification. No employee has any right to grieve or appeal a separation due to job abandonment or to an evidentiary or disciplinary appeal following a separation due to job abandonment.

Section 11-6: Resignation
An employee voluntarily terminating City service in good standing shall file with the appointing authority a written resignation stating the effective date and reasons for leaving. Such notice shall be filed at least two (2) weeks before leaving the service, unless such time limit is waived by the appointing authority or City Manager. Such resignation and other pertinent information shall be forwarded to the Personnel Officer. Failure to give written notice as required by this rule may be cause for denying any future employment by the City.

Section 11-7: Retirement
The City contracts with the California Public Employees' Retirement System (CalPERS) in order to provide eligible employees with retirement benefits. Retirement benefits for member agencies are financed in part by the employee and part by the City. The amount paid is based upon salary and class to which the employee is assigned (safety or miscellaneous).

Application for retirement may be made on the appropriate forms furnished by the Personnel Officer. Information dealing with eligibility and benefits should be obtained in advance of filing an application for retirement.
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31 CalPERS benefits and service time calculations shall not be considered for calculation of City service time, incentive pay entitlements, or any benefit or accrual.

Section 11-8: Medical Separations
An employee who becomes unable to perform the essential functions of their position due to a disability or other medical condition may be medically separated from employment. Prior to medical separation, the City will determine what accommodations, if any, can be reasonably provided to the employee in accordance with City policy and any applicable law. In addition, if appropriate, the City may consider an employee’s potential eligibility for disability retirement benefits.

In cases where employees may be eligible for disability retirement, the City will initiate an application for disability retirement benefits on the employee’s behalf in accordance with the requirements of Government Code section 21153.

Section 11-9: Disability Retirement Applications by Safety Members The following procedures shall be utilized to process an application for disability retirement benefits by a local safety member under the California Public Employees’ Retirement System (CalPERS):

A. Initial Determination
Upon receipt of an application for disability retirement benefits from a CalPERS safety member, an initial determination will be made by the City Manager upon medical and other available evidence. The applicant may be required to submit to a medical examination in order for the City Manager to obtain sufficient information to make a determination. The City Manager’s determination will address the following: (1) whether the applicant is incapacitated from the performance of duty pursuant to the standard for disability retirement under the Public Employees’ Retirement Law (PERL); and (2) if the applicant is determined to be incapacitated, whether the cause of such incapacitation was industrial or non-industrial. The City Manager’s determination shall be made within six (6) months of the date of the request for such determination from CalPERS unless this time requirement is voluntarily waived in writing by the applicant. The City Manager will provide written notice of its determination to CalPERS and applicant. 364
32 B. Appealing an Initial Determination
An applicant may appeal the City Manager’s determination on the issue of incapacity by requesting a hearing as provided in Section 4 of this Rule below. An applicant may appeal the City Manager’s determination as to the issue of causation by filing an appeal with the Workers’ Compensation Appeals Board (WCAB) for a Finding of Fact determination as to causation. Any appeal of the City’s initial determination on an application must be filed within thirty (30) calendar days of the date on the notice of determination. The City Manager’s determination shall not be subject to appeal to the Personnel Commission or under the grievance procedure.

1. Adopt the Proposed Decision as its own Decision.

2. Make changes in the Proposed Decision and adopt it as its own Decision, in accordance with applicable law.

The Council’s decision and findings shall be served by the City on the applicant and the applicant’s designated representative, if any, by U.S. Postal Service mail (with at least mail delivery confirmation) or by personal service. The City shall also notify CalPERS of the decision. The City Council’s decision shall be final and is not subject to any grievance procedure. 365
33 Section 11-10:Use of Accrued Leaves
No use of vacation, sick leave, administrative leave, compensatory time off, holidays, or any other paid time off in lieu of hours worked, may be used to extend an employee’s separation date (regardless of the reason for separation) beyond the employee’s last day worked unless approved by the City Manager. Use of sick leave shall be authorized only upon proper medical verification that the use of such leave complies with the rules pertaining to the use of sick leave. 366
34 RULE XII

REDUCTIONS IN FORCE
Section 12-1: Statement of Intent
Whenever, City Council determines, in the City Council’s sole discretion, it is necessary to abolish any position or employment, the employee holding such position or employment may be laid off, transferred or demoted without disciplinary action and without the right of appeal.

Section 12-2: Notification
Whenever possible, employees to be laid off shall be given at least thirty (30) calendar days prior notice.

Section 12-3: Employee Options
Whenever a regular employee in the competitive service has been notified that they will be laid off from their current position, the employee shall have the following options:

B. Transfer to Another Class. If an employee has not held status in a lower classification, of it such lower classification is occupied by a more senior employee, the employee may be eligible for transfer to a vacant position if the employee is qualified and capable of performing the duties of the vacant position as determined by the appointing authority. Employees who are transferred in lieu of layoff will be paid at the rate of pay for the new position at a step to be 367
35 determined by the City Manager and shall serve a new probationary period. Any employee who does not accept a transfer within seven (7) days of the date of the notice of layoff will forfeit the ability to transfer and will be laid off.

C. Accept the layoff.

Section 12-4: Order of Layoff
In each class, employees shall be laid off in the inverse order of their seniority and according to employment status in the following order: temporary, provisional, regular part-time employees serving a probationary period, regular full-time employees serving a probationary period, regular part-time employees and regular full-time employees.

Section 12-5: Reemployment List
The names of regular employees in the competitive service who are laid off or demoted in accordance with these rules shall be entered upon a reemployment list for the department from which they were laid off. Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list.

Section 12-6: Duration of Reemployment List
Names of persons laid off shall be carried on a reemployment list for one (1) year, except that persons appointed to regular positions of the same level as that which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse reemployment or who fail to promptly respond to and accept a reemployment offer within seven (7) days of the date of the offer shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the reemployment list for the higher position for the one (1) year. 368
36 Section 12-7: Reemployment
A former employee appointed from a reemployment list shall be reinstated to the salary range and step held at the time of layoff and have the following benefits restored:

1. Accrued but unused sick leave.

A former employee shall not accrue any benefits during the period of time the employee was on layoff.

Section 12-8: Layoff of At-Will Employees
By definition, employment at-will may be terminated by either the employee or the City at any time with or without cause and with or without notice. Nothing in this chapter shall require the City Manager to allow an at-will employee to displace an employee in a lower class or require the City Manager to place an at-will employee on a reemployment list. 369
37 RULE XIII

REPORTS AND RECORDS
Section 13-1: Personnel Records
The Personnel Officer shall maintain a service or 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. Such records are the official personnel records of each employee.

Section 13-2: Personnel Actions
Every appointment, transfer, promotion, demotion, termination, change of salary rate, and any other temporary or permanent change in status of employment shall be reported to the Personnel Officer in such manner as may be prescribed, no later than one (1) week before the end of the pay period affected by the change, or the change may not be made until the next pay period.

Section 13-3: Absence Report
An absence report is to be completed for any absence, and signed by the supervisor and/or department head. This form is to be forwarded to the Personnel Officer for filing in the appropriate file.

Section 13-4: Medical Records
An employee’s medical records shall be segregated and stored separately from the rest of the personnel file and maintained in confidentiality in accordance with applicable state and federal law. The City Manager, the City’s legal representatives, Human Resources Manager and Department Head (if necessary) are authorized to access such medical information on a case-bycase basis only as authorized by state or federal law. All persons with such authorization shall 370
38 maintain such information according to the same standards of privacy and protection from unauthorized access as is maintained by the Human Resources Manager. Violations of this policy may result in discipline, up to and including dismissal from employment. Nothing in this policy is intended to extend or expand the scope of employee privacy rights beyond the limits of existing law.

Section 13-5: Recruitment Records
Records gathered during any recruitment process shall be filed and maintained in confidentiality.

Section 13-6: Payroll Records
The Finance Director shall maintain such records that are necessary for payroll and retirement system purposes. The Human Resources Director, City Manager, the City’s legal representatives, or persons authorized by the City Manager, may inspect such records from time to time in fulfilling his/her duties including, but not limited to, the purpose of administering these rules.

Section 13-7: Change of Employee Status or Information
It is the responsibility of each employee to notify the Human Resources Manager, within five (5) business days of any change in the employee’s withholding status, home address, telephone number, name or other such information (e.g. marriage, divorce, change in number of dependents, etc.) that might affect the City payroll records and/or other employee benefits such as health and dental insurance benefits, except as otherwise specified by City policy or applicable law.

Section 13-8: Department Records
Each department may keep and maintain such working and supervisor records as may be deemed necessary for the purpose of carrying out the provisions of these rules and the functions of the department. The Department Head and supervisor shall make available to the Personnel Officer or designee all department reports, records and documents dealing with personnel matters as are appropriate. Such department records are considered confidential records.

Section 13-9 Personnel Forms
The Personnel Officer shall maintain and furnish to all departments, as needed, a supply of forms to comply with these rules.
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39 Section 13-10:Destruction Of Records
All records relating to personnel, including correspondence, applications, examination reports, and all other personnel records, may be destroyed pursuant to applicable law and the City’s Retention Policy as it may be adopted and amended by the City Council. 372
40 RULE XIV

PERFORMANCE EVALUATIONS
Section 14-1 Policy and Purpose of Evaluations
It is the policy of the City that regular reports shall be made on all employees regarding efficiency, competency, conduct and merit. The responsibility shall be borne by the City Manager, the department directors, and their subordinate supervisors. It shall be the responsibility of the Personnel Officer or designee to provide and prescribe the forms and procedures to be used in such performance reports and to assist in the training of supervisory personnel, so that performance reporting will be carried out in a sound, effective and timely manner.

Section 14-2: Timing of Performance Evaluations
During the probationary period, an employee will be evaluated every three (3) months and prior to acquiring permanent status in a classification. Thereafter, every employee will be evaluated every twelve (12) months. However, evaluations for safety employees shall be made to coincide with the end of a training element or change of shift or division.

Section 14-3: Evaluation Procedures
Evaluation shall be completed on forms approved for that purpose by the Personnel Officer.

Within three working days after receipt of the performance evaluation, an employee may, at their discretion, submit written comments in response to the evaluation. Said comments shall be submitted to the employees designated supervisor, reviewed by the department head, and the original filed with the Personnel Officer for attachment to the performance evaluation. 373
41 Section 14-4: Less Than Meets Minimum Requirements Ratings An employee who receives an overall performance rating of less than meets minimum requirements should be rated at a more frequent interval, as provided in these Personnel Rules.

Section 14-5: Consideration for Promotion
In promotional examinations and selection of employees, past performance evaluations shall be given consideration.

Section 14-6: Non-Appealable
Employees may attach a reasonable amount of rebuttal material to any evaluation with which they disagree. Written statements in response to an evaluation must be submitted within fourteen (14) days of when the evaluation is provided to the employee in order to be included with the evaluation in the employee’s personnel file. Evaluations are not subject to any form of appeal or grievance. 374
42 RULE XV

EMPLOYEE EXPECTATIONS AND CONFLICTS OF INTERESTS
Section 15-1: General Policy
Employees of the City are required to discharge the duties and responsibilities of the positions with professional integrity, regardless of personal considerations. Employees are expected to recognize that the public interest is their primary concern. The conduct of City employees in their official capacity must be beyond reproach. The Personnel Officer is authorized to establish such lawful policies, procedures and guidelines that regulate the conduct of employees in support of this objective and which are consistent with the City’s Code of Ethics Relating to Administration.

Section 15-2: Employee Expectations
No City employee shall engage in any act which is in conflict, or creates an appearance of unfairness or conflict, with the performance of official duties. To meet the standards set forth in this policy, employees must:

A. Disclose all financial interests which may constitute a conflict of interest with official duties, including disclosure of the nature and extent of any personal interest in any business entity engaging in any transaction with the City as required under the City’s conflict of interest resolution. An employee is participating in any City decision which could affect his or her personal or financial interests in violation of the City’s conflict of interest resolution.

E. Refrain from using any City funds or property for personal or private gain.

Employees must be absolutely honest in all dealings, in whatever capacity, with City funds, properties or facilities
375
43 F. Refuse to represent private interests before government agencies in any matter in which the City is a party, or in which the employee’s official position with the City is, or may be, a consideration in or influence the decision of such agency on the matter before it.

G. Comply with the provisions of the Political Reform Act, as regulated by the Fair Political Practices Commission, or any other state or federal laws governing conflict of interest matters.

Section 15-3: Gifts on Behalf of the City
The City Manager or designee is permitted to accept a gift, gratuity, or favor on behalf of the City and may distribute such gift, gratuity, and favor as deemed appropriate to City employees and elected officials in accordance with Fair Political Practices Commission regulations, the City’s Code of Ethics, and any other applicable City policy, rule or regulation.

Section 15-4: Use of Public Property
No employee of the City shall request, use, or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. City property is to be used solely for the purpose of conducting official City business.

Section 15-5: Political Activities
Employees are prohibited from using City time or property in any manner for any of the following reasons: to promote any political issue or candidate; to solicit funds for any political purpose; or to influence the outcome of any election.

Section 15-6: Outside Employment
Employees may hold outside employment if it is determined such employment will not interfere with the satisfactory performance of their City duties. The determination if outside employment will interfere with City duties shall be made by the department head with the approval of the City Manager. The following is offered as a guide to department heads in evaluating requests for outside employment:

A. The outside work must not interfere with the employee’s effectiveness in his/her City position. Consideration should be given to the number of hours worked outside, the location of the outside employment, and the nature of the duties involved.
376
44 B. The outside work must not leave the employee tired or subject to injury in his/her regular position with the City.

C. The outside employment must be such that no conflict arises as to municipal responsibility for an injury incurred in the outside job.

D. The public relations effect of outside jobs should be considered, as well as potential conflicts of interest.

E. The employee must not accept payment for work, which he/she would normally perform as a City employee.

F. An employee may not perform work, which may later be inspected, audited, or reviewed by another City employee.

In order to ensure that such outside employment is not detrimental to the City or is not a conflict of interest, any employee holding or intending to hold outside employment shall complete a written request seeking approval for outside employment. This written request must include the name and address of the business for whom the employee will work, the nature of the work, and the work hours and time. Written requests should be submitted to the department for approval, which will then forward the request to the Human Resources Department for review. If approved, written requests for outside employment must be renewed by January 31st of every subsequent year.

COMPENSATION
Section 16-1: Preparation of Plan
The Personnel Officer shall prepare, for adoption by the City Council, a pay plan covering all classes of positions in the competitive service. No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employee is employed. No change in the salary range of a class may be made without City Council approval.

Such plans shall be reviewed annually in conjunction with the adoption of the annual budget.

Section 16-2: Adoption of Plan
The pay plan shall be adopted and may be amended from time to time by action of the City Council.

Section 16-3: Placement On and Advancement Through the Plan A. New employees shall be paid at the first step of the salary range for the employee’s classification. The City Manager may authorize original appointment at other than the minimum step shown in the pay plan.

B. No salary change shall be authorized which would exceed the maximum rate established in the pay plan for that class.

C. Advancement within the salary range shall not be automatic, but shall be based on merit as established by the employee’s performance and requires the recommendation of the appointing authority and the approval of the City Manager.

D. As a general practice, eligibility for step advancement consideration will be as follows:

For employees who are appointed or promoted to a regular position, the eligibility date for step advancement consideration will be after completion of six (6) months service at such step. Thereafter, the eligibility date for step advancement will be after completion of twelve months continuous service at such step.

Exceptions to the general practice time limits may be considered by the Personnel Officer and City Manager if, in their opinion, sufficient justification has been submitted by the appointing authority. Except in cases of promotion, all salary adjustments shall become effective on the first day of the payroll period that includes the effective date of the action, unless otherwise specified in these Rules, official City policy or an applicable memorandum of understanding. Salary 378
46 adjustments due to a promotion shall become effective on the first day of appointment in the promoted position.

Upon being granted the final step, The employee shall no longer be eligible for any further advancement on the salary schedule for the classification.

Section 16-4: Salary Upon Transfer or Promotion
A. A transfer of an employee shall not be cause for a change in salary.

Section 16-5: Salary Upon Reclassification
A. If an employee’s position is reclassified to a class with a higher salary range than the previous class, the employee’s salary shall be determined in the same manner as if the employee had been promoted.

Section 16-6: Compensation for Temporary Additional Responsibility In every City department, subordinate employees may be assigned to temporarily assume the duties of a higher-level position due to a temporary absence of an incumbent. This provides training opportunities to help qualified employees to successfully compete for future promotion.

1. The assignment must be made in writing by the City Manager or designee;

2. The employee must be assigned to perform a significant majority of the duties of a budgeted position in a higher paid classification; and

3. The employee must be assigned to and perform the duties of the higher level classification for more than six (6) consecutive work days.

ATTENDANCE, HOURS OF WORK, OVERTIME AND EXPENSES
Section 17-1: Work Schedule
All employees shall be assigned a regular work schedule as required by the needs of the City. The work schedule for each Department will be established by the Department Head with the approval of the City Manager or designee. The work hours for each employee will be scheduled by the Department Head or designee. Typically, employee work schedules are comprised of five (5) eight (8) hour shifts in a seven (7) day period.

Except in cases of emergency, the City shall give employee’s five- (5) calendar day’s notice prior to changing their regular work schedule.

Section 17-2: Attendance
Employees shall be in attendance at work during their regular hours of work and shall not absent themselves during working hours for any reason without prior approval of their supervisor. Failure to obtain approval for an absence may be grounds for disciplinary action, up to and including termination.

Section 17-3: Procedure to Receive Compensation
All employees are required to submit accurate and complete time records. Each employee shall sign his/her time sheet verifying the hours worked. It is the responsibility of the employee to make certain his time sheet has been filled out correctly before submitting. The employee’s supervisor shall verify and approve each employee’s accumulated hours of work prior to submitting to the payroll division for payment.

Section 17-4: Work Week or Work Period
The workweek for the City begins at 12:01 a.m. on Saturday and ends 7 days later at midnight on the following Friday. Employees assigned to work an alternative work schedule may have an alternative workweek as designated by the City Manager or the Human Resources Manager. The 381
49 work period for employees engaged in law enforcement activities shall be a 14-day consecutive period unless otherwise provided in an appliable MOU. The work period for employees engaged in fire protection activities shall be a 14-day consecutive period unless otherwise provided in an applicable MOU.

Section 17-5: Overtime
It is the policy of the City that overtime work is kept to a minimum and shall be authorized in advance by an employee’s Department Head or designee. Overtime eligible employees are not permitted to work overtime except as authorized and approved. Overtime shall be assigned by the Department Head or designee to meet essential operating needs.

Section 17-6: Compensatory Time Off
An overtime eligible employee may opt to receive compensatory time off (“CTO”) in lieu of cash payment for overtime worked if the employee’s Department Head agrees prior to the overtime work being performed. CTO accrues at a rate of 1.5 hours for each hour of overtime actually worked. Unless provided in a memorandum of understanding, no more than forty (40) hours of compensatory time off may be accrued by an employee
Employees may use CTO only upon the approval of the Department Head or designee. An employee’s request to use accrued CTO will be granted provided that: (1) the Department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee submits the request to use CTO at least five (5) business days prior to the date of requested usage.

The City reserves the right to cash out accumulated CTO at any time. During employment CTO is cashed out at the employee’s current FLSA regular rate of pay. Employees separating from City service shall be compensated for all accrued, unused CTO hours at the higher of either: (1) the separating employee’s current FLSA regular rate of pay; or (2) the average FLSA regular rate of pay for the prior three years.
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50 Section 17-7: Reimbursement for Damaged Clothing or Equipment The performance of duty for the City may result in a loss or damage to clothing, equipment, or personal property of the employee. Reimbursement for such loss may be permitted by this section in accordance with the procedure set forth. Such reimbursement shall be over and above compensation set forth in the salary plan, uniform allowances, or other payments set forth in these rules.

Reimbursement must be claimed on forms approved by the Finance Director. Payment is subject to approval by the appointing authority, the City Manager, and demands authorized by the City Council. The claim must fully describe the incident leading to the loss or damage and show proof of purchase, replacement, or repair to support the amount claimed. Clothing will be replaced at new value only if purchase receipts are provided which reflect acquisition within thirty days prior to loss or damage. Unless otherwise provided in Memoranda of Understanding or department rules, the value will be prorated on older items up to three years.

Section 17-8: Reimbursement of Expenses
The City shall provide full reimbursement for all approved expenses incurred in the performance of duties or required by the appointing authority. Such reimbursement is over and above compensation provided for in the salary plan for the assigned position or provided for in these rules. All employees, including elected officials, are eligible for this reimbursement when claimed pursuant to this section. The City Manager or designee is responsible for establishing policies and procedures for reimbursement of approved travel related expenses.

Purchase of supplies and operating equipment may be necessary from time to time at the expense of the employee. Such purchase must be approved by the appointing authority and the City Manager, and is limited to such circumstances or conditions where normal purchase procedures are not permissible or practical. Full reimbursement shall be claimed upon forms approved by the Finance Director and limited to appropriations authorized in the budget and approved by the Council for payment.
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51 RULE XVIII

PROBATIONARY PERIOD
Section 18-1: Objective of Probationary Period
The probationary period shall be regarded at a part of the testing and selection process and shall be utilized for closely observing the actual performance on the job and for securing the most effective adjustment of a new employee to City service.

Section 18-2: Probationary Period for Regular and Promotion Appointment Every original appointment shall be subject to a probationary period of not less than twelve (12) months from the date appointed to the position, except for original appointments to sworn/safety positions in the Police and Fire service. The probationary period for original appointments to sworn/safety positions in the Police and Fire service shall be eighteen (18) months from the date of appointment.

At the discretion of the appointing authority, an employee’s probationary period may be extended by up to six (6) additional months for a total maximum probationary period of eighteen (18) month for regular employees, except for appointments to sworn/safety positions in the Police and Fire service which may be extended to provide for a maximum probationary period of twenty-four (24) months. Notice to extend an employee’s probationary period must be in writing from the appointing authority or designee and approved by the Personnel Officer.

Section 18-3: Rejection of Probationer
During the probationary period, a probationary employee may be rejected at any time by the appointing authority without right of appeal. Notification of rejection will result in termination of the probationer. Written notice of such rejection shall be served on the probationer with a copy 384
52 filed with the Personnel Officer. An employee who is rejected during the probationary period has no right to appeal or grieve the decision to reject.

Section 18-4: Rejection Following Promotion
A probationary employee who has previously completed their initial probationary period with the City and who is rejected from a promotional appointment during the probationary period for that promotional appointment shall be reinstated to the original position from which the promotion occurred, unless charges are filed and the employee is discharged from City service. . Such return to a former position shall be without lose of vacation, sick leave and other rights and privileges.

Any employee appointed to a position who is replaced by a rejected probationer returning to such position shall be eligible for layoff procedures as provided herein. 385
53 RULE XIX

EMPLOYEE BENEFITS
Section 19-1: Public Employees' Retirement System (PERS) Eligible City employees shall be contributing members of PERS as appropriate for the class to which the employee is assigned, and in accordance with the requirements set forth by PERS.

Section 19-2: Deferred Compensation
A deferred compensation program has been established which allows eligible permanent employees to participate in accordance with applicable rules and regulations.

Section 19-3: Official City Holidays
Public offices of the City shall be closed on the following days except as otherwise provided herein:

1. January 1

2. Martin Luther King Jr. Day

3. President’s Day

4. Memorial Day

5. Juneteenth

6. Independence Day

7. Labor Day

8. Indigenous People’s Day

9. Veteran’s Day

10. Thanksgiving Day

11. The Friday immediately following Thanksgiving Day

12. Christmas Eve

13. Christmas Day
Except for Christmas Eve and Christmas, if a holiday falls on a Saturday, the holiday will be observed on the preceding Friday and if a holiday falls on a Sunday, it will be observed on the following Monday.

If Christmas Eve falls on either Saturday or Sunday, the holiday will be observed on the preceding Friday. If Christmas Day falls on Saturday or Sunday, the holiday will be observed on the following Monday.

Unless otherwise required by law or provided in a memorandum of understanding, salary and benefits resolution, or a written agreement approved by Council, employees will not receive pay for holiday time off or additional pay for working on an actual or observed holiday. 386
54 Section 19-4: Vacation Leave
Unless otherwise provided in a City Resolution, Memorandum of Understanding, agreement approved by the City Council, or applicable law, employees are not provided with paid vacation time off.

Section 19-5: Sick Leave - General
Unless otherwise provided in these Rules, a City Resolution, Memorandum of Understanding, agreement approved by the City Council, or applicable law, an employee will be provided with sick leave in accordance with the City’s sick leave policy. The Personnel Officer or designee is responsible for developing and administering procedures to be followed by employees when requesting or using any applicable sick leave benefits.

Section 19-6: Sick Leave – Regular Employees
Sick leave with pay shall be granted to all regular employees. Sick leave shall not be taken at the discretion of the employee, but shall be allowed only in case of necessity for personal sickness or disability, sickness in the immediate family, pregnancy disability leave, or as otherwise required by law.

A. Accrual of Sick Leave: Unless otherwise provided in a MOU, each regular employee shall earn sick leave at the rate of one (1) work day for each calendar month of service. A regular employee who regularly works less than the number of hours established as full-time shall be credited with prorated sick leave based on the number of hours worked per month. For purposes of computing sick leave provided under this Rule, a workday shall be considered as one-fifth (1/5) the number of working hours in the established work week for each employee.

B. Use of Sick Leave: To receive authorized use of sick leave, each employee unable to work because of personal or immediate family sickness/disability or otherwise qualifying reason is responsible for notification to the appointing authority. In the absence of the appointing authority, the Personnel Officer shall be notified. Such notice may be verbal and made by the employee unless unable to do so. Such notice is to be made prior to or within one hour of the assigned start of work whenever possible. Illness or injury on the job which requires leaving the work location shall be reported to the appointing authority as soon as possible. Failure to comply with these notice requirements will result in time absent from work charged as absent without authorized leave and without pay. The appointing authority, City Manager, or Personnel Officer may require a signed statement from the employee’s physician, practitioner, or other professional person certifying the reasons for any sick leave absence. In the event the employee is not attended to by a professional person, an affidavit must be filed by the employee reporting the reason for absence, length of absence, and means of assistance utilized to deal with absence cause.

Failure to comply with these requirements will result in time absent from work being charged as absent without authorized leave and without pay. All certificates 387
55 of absence shall be filed with the Personnel Officer at the time of return to work.

C. The appointing authority may require a sick leave physical as a condition of returning to work after use of sick leave. Such sick leave physical shall be scheduled prior to return to work and the certificate of the attending physician authorizing return to work shall be received by the appointing authority prior to reemployment commencement. Each physical ordered hereunder shall be paid for by the City. If a certification of work return is not issued, sick leave shall be continued until exhausted. The certificate of the physician is to be filed with the Personnel Officer.

D. As a general rule, not more than five (5) days sick leave each calendar year should be taken in case an employee’s presence is required elsewhere because of sickness, death, or disability of members of the immediate family. The immediate family or designer shall be defined in accordance with applicable law. In each case, sick leave shall be granted when it is the opinion of the department head that the relationship of the sick or disabled person to the employee and the circumstances applicable to the case justifies sick leave approval.

E. Pay for Unused Sick Leave: Unused sick leave may be accumulated and payment for portions of accumulated but unused sick leave will be made as follows:

1. Retiring Personnel: Any permanent employee retiring from City service shall receive, in addition to any other retirement benefits, payment of sick leave as described in the designated Memorandum of Understanding,

2. Termination After Ten Years: Any regular employee leaving the City service after ten years of satisfactory service from the base anniversary date shall receive, in addition to all other eligible payments, an amount equivalent to one-half (1/2) of accumulated sick leave earned during service with the City which has not been used up to a maximum of 260 hours.

3. Personnel Who Die While in Active Service: The estate of any permanent employee who dies while in active service shall be paid an amount equivalent to three-fourths (3/4) of all accumulated sick leave such employee has earned during service with the City which has not been used until the date of death, or as otherwise stipulated in the corresponding MOU.

Unless otherwise provided by law, payment made on behalf of the deceased pursuant to this section shall be paid to any person so designated in writing by the employee or the heirs of the employee. Such statement must be filed with the Personnel Officer.

For the purpose of this section, the amount equivalent to accumulated sick leave shall be determined by applying the most recent approved rate of pay for the position of the employee to the accumulated sick leave. 388
56 Section 19-7: Catastrophic Leave Bank
A. Eligibility: Eligible employees will be able to donate and receive donations of paid leave to be included in their sick leave balance for employees who are:

1. Regular full-time employees;

2. Have sustained or have an immediate family member who has sustained a life-threatening or debilitating illness, injury or condition which may require confirmation by a physician;

3. Have exhausted all accumulated paid leave, including vacation, sick leave, PTO, and/or compensatory time off;

4. Be unable to return to work for at least a total of 30 days in a calendar year or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care (leave may be intermittent); and

5. Conformed with the requirements of the Family Medical Leave Act and/or Worker’s Compensation.

B. Benefits: Accrued sick, vacation, PTO and compensatory time off hours donated by employees will be converted to sick leave and credited to the Catastrophic Leave Bank (CLB) as sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue. The total leave credits received by an employee will not normally exceed 6 weeks. However, if approved by the Department Head and the Human Resources Manager or designee the total leave credits may be extended on a case-by-case basis, subject to review by the City Manager or designee.

C. Procedures:

1. The recipient employee submits a written request to the Human Resources Department to initiate the process. This can be done via email. An established form needs to be completed by the employee requesting leave hours donation.

2. The recipient employee is not eligible so long as they have any paid leave available; however, the request may be initiated prior to the anticipated date leave balances will be exhausted.

3. Accrued sick leave, vacation leave, PTO, and compensatory time off may be donated by any regular full-time employee who has completed his/her initial City probationary period. Donor information and the number of hours donated are confidential.

4. Time donated will be converted from vacation, sick, compensatory time, or PTO to sick leave hours and credited to the CLB sick leave time on an hourfor-hour basis and shall be paid at the rate of pay of the receiving employee. 389
57 5. The total amount of time donated to the CLB shall not exceed forty (40) hours by an employee in a Fiscal Year.

6. The total leave credits received by the employee shall not exceed 6 weeks or 240 hours; however, the City Manager may approve an extension up to 12 weeks or 480 hours total time.

7. An employee cannot donate leave hours that would reduce his/her sick, vacation balance, or PTO hours to less than 120 hours each.

8. Donations of sick, vacation, PTO and/or compensatory time shall be made in increments of full hours. Donations are irrevocable. Unused hoursremaining when the recipient returns to work or terminates employment will be returned to the CLB. The Recipient will not retain any sick leave hours donated after they return to work or separate from employment.

9. Donating employees must complete the Catastrophic Leave Donation Request Form.

10. Requesting employee must complete the Catastrophic Leave Application/Request Form stating the specific reasons why the employee is requesting additional paid leave from the CLB. This information will remain confidential.

11. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. 390
58 RULE XX

LEAVES OF ABSENCES
Section 20-1: General
The City will provide employees with those leaves that are required by law. The Personnel Officer or designee is responsible for developing and administering procedures to be followed by employees when requesting or using any leaves provided by applicable statutes.

Section 20-2: Workers’ Compensation
The City provides Workers’ Compensation benefits in accord with the applicable laws of the State of California. Employees injured in the performance of their duties shall be eligible for all rights, privileges and compensations provided for under the City’s workers’ compensation plan. The Personnel Officer or designee is responsible for administration of the City’s workers’ compensation plan. In order to receive benefits under Workers’ Compensation, information must be provided promptly and accurately on the forms and in the manner provided.

Section 20-3: Military Leave
Military leave shall be granted in accordance with all applicable provisions of State and Federal law. All employees entitled to military leave shall give the department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

Section 20-4: Leave of Absence Without Pay
An employee who needs a leave of absence from work shall file a written request with the Human Resources Manager. The request shall include the employee’s name, job title, beginning and ending dates of the requested leave, and a full statement for such a request. A request for personal leave shall be made on forms prescribed by the Human Resources Department. The request shall normally be initiated by the employee, but may be initiated by the employee’s Department Head.

A personal leave may be granted for the following reasons:

1. Illness or non-job related disability, including pregnancy, beyond that covered by FMLA, PDL or other available leave; or

2. Other extraordinary circumstance, subject to the discretion of the City Manager.

An employee on a personal leave of absence is required to use all available paid leave accruals during the employee’s absence. Unless required by law, the City will not maintain any 391
59 contributions towards group insurance programs or retirement benefits for any employee on an unpaid leave of absence. Instead, the employee will be permitted to continue coverage as allowed under law.

An employee returning from a personal leave may be required to provide medical documentation indicating the employee’s fitness to return. Failure to provide requested medical documentation may delay an employee’s return to work. If an employee requests to return to work prior to the scheduled end of his/her leave, the employee must first request approval from the Human Resources Manager at least three (3) days prior to the date of returning to work. The Human Resources Manager may request substantiating evidence (e.g., medical examination or doctor’s written release).

Section 20-5: Family and Medical Leaves
The Family Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) provide eligible employees with a right to leave, health insurance benefits and with some limited exceptions, job restoration. The Personnel Officer or designee is responsible for preparing procedures which describe the process for requesting FMLA/CFRA and an employee’s rights while on an FMLA/CFRA leave.

Section 20-6: Pregnancy Disability Leave
An employee who is disabled due to pregnancy, childbirth or related medical condition is eligible to take pregnancy disability leave (“PDL”) as provided under State law. An employee who is disabled due to pregnancy or related medical condition is also entitled to a reasonable accommodation as provided under State law. The Personnel Officer or designee is responsible for preparing procedures which describe an employee’s rights to PDL or a reasonable accommodation under this Rule.

Section 20-7: Jury and Witness Leave
Every employee of the City who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to their supervisor, shall be entitled to be absent from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. An employee summoned for jury duty during a regularly scheduled shift 392
60 shall be entitled to time off only for the period of time actually serving as a juror or prospective juror.

In the event service as a juror or prospective juror requires that a regular employee to be absent from work the regular employee shall be paid the difference between authorized full salary and any payment received for jury duty, except travel pay. However, if the employee deposits such juror payment to the City, no reduction in salary will occur. If an employee is summoned for jury duty on a regularly scheduled day off, such duty shall be on the employees’ own time and the employee shall not be entitled to receive any compensation from the City for jury duty on that day.

An employee who is a named party or a witness in an action against the City or who is serving as a paid expert is not eligible to receive paid witness leave for time spent related to those proceedings. In such cases, an employee may request to receive time off without pay, or may use accrued vacation time. Such time spent by an employee an such an action or serving as a paid expert is not considered work time.

Exceptions to this rule may be made only with the prior authorization of the City Manager.

Section 20-8: Bereavement Leave
Unless otherwise provided in a City Resolution, Memorandum of Understanding, agreement approved by the City Council, or applicable law, an employee who has been employed for at least 30 days will be provided with up to five (5) days of unpaid leave to attend to necessary obligations and commitments related to the death of a family member. For the purposes of this policy “family member” means the employee’s spouse, registered domestic partner, child, stepchild, parent, stepparent, sibling, grandparent, grandchild, or parent-in-law.

Leave may only be taken on regularly scheduled workdays. Leave does not need to be taken on consecutive days. Leave under this policy is only available during the three months following the family member’s death. Although leave under this policy is unpaid, employees may use available 393
61 accrued vacation or sick leave to receive pay while on bereavement leave. Bereavement leave is not counted as hours worked for purposes of calculating overtime.

Section 20-9: Reproductive Loss Event Leave
The City provides for time off for eligible employees who experience a reproductive lose event as required under applicable law. The Personnel Officer or designee is responsible for preparing procedures which describe the process for requesting leave due to a reproductive loss event. 394
62 RULE XXI

DISCIPLINARY ACTION
Section 21-1: Types of Disciplinary Action
Disciplinary action consists of discharge, involuntary demotion, suspension, reduction in salary for punitive purposes (not including deferred merit increases or the end of a specialty pay), or written reprimand.

Section 21-2: Causes for Disciplinary Action
Discipline will not be imposed upon any permanent employee in the competitive service except upon a showing of cause, which may include but shall not be limited to the following:

A. Violation of City Rules, ordinances, state and federal law, and/or Administrative Rules and Regulations;
B. Failure to properly perform assigned duties;
C. Theft;
D. Insubordination, including refusing to follow directions from a supervisor or insulting/demeaning the authority of a supervisor;
E. Conviction of a felony or misdemeanor relating to the employee’s fitness to perform assigned duties;
F. Unauthorized absence from employment;
G. Tardiness;
H. Failure to maintain satisfactory working relationships with other employees or the public;
I. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;
J. Use of non-prescribed controlled substances while not at work; K. Improper use of City funds;
L. Unauthorized use of City property;
M. Falsification of records;
N. Failure to properly care for City property;
395
63 O. Acceptance of any gift, reward or other form of compensation in addition to regular compensation for performance of official duties; P. Misstatement of material fact;
Q. Indolence, carelessness or negligence;
R. Failure to maintain any employment qualification;
S. Discourteous treatment of the public;
T. Failure to comply with safety standards or endangering self or others; U. Abuse or misuse of any leave, including sick leave, medical leave, or any other leave granted to an employee;
V. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City.

Section 21-3: Notice of Discipline
Prior to recommending the imposition of any suspension, demotion, reduction in salary, or discharge of any permanent employee in the competitive service, the appointing authority or designee will provide written notice to the employee. At-will employees are not entitled to notice as provided in this section prior to receiving disciplinary action.

After receiving the employee’s timely written or oral response, or after expiration of the time to provide a written or oral response, the individual who proposed discipline will either: (1) dismiss 396
64 the notice of proposed disciplinary action; (2) modify the notice of proposed disciplinary action; or (3) impose the proposed disciplinary action. The individual who proposed disciplinary action will provide notice of their decision. This notice shall notify the employee in writing of the level of discipline, if any, to be imposed and the effective date of the discipline, the specific charges upon which the discipline is based, a summary of the facts upon which the charges are based, a copy of all written documents and materials upon which the disciplinary action is based, and a statement of the nature of the employee’s right to appeal.

In all cases in which discipline is imposed, a copy of the final notice shall be placed in the employee’s personnel file.

Section 21-4: Administrative Leave
Notwithstanding the provisions of this section, upon the recommendation of appointing authority, the Personnel Officer or designee may approve the temporary assignment of an employee to a status of leave with pay pending an investigation(s) or hearing(s) as may be required to determine if disciplinary action is to be taken.

Section 21-5: Written Reprimands
An employee who receives a written reprimand will be asked to acknowledge receipt of written reprimand by signing the reprimand at the time of presentation. This signature signifies only receipt of the document, not necessarily agreement to the contents. In the event the employee does not sign the document, the supervisor will note on the letter the employee refused to sign the letter.

The employee may respond in writing to the contents of any written reprimand within fourteen (14) days of issuance. Any written reprimand, including any response from the employee, will be maintained in an employee’s personnel file. An employee has no right to appeal or grieve a written reprimand.

Section 21-6: Appeals
Unless otherwise provided in an applicable memorandum of understand, if a regular permanent employee in the competitive service is dissatisfied with their receipt of disciplinary action, other than a written reprimand, the employee may, within ten (10) business days following receipt of the action, request that an Adjustment Board be convened. Said request shall be in writing and shall set forth the facts upon which the appeal is based and the relief requested. At-will employees are not entitled to appeal disciplinary actions under this process.

The Adjustment Board will be comprised of one (1) panel member designated by the employee, one (1) panel member designated by the City, and one (1) person mutually agreed upon by the employee and City representatives. The City and employee shall name their designated panel member within fifteen (15) business days after receiving notice that the employee’s appeal has been received by the City Manager. Within ten (10) business days after being named, the two parties shall agree upon the third member.

The Adjustment Board will convene within twenty (20) business days after final designation of the three (3) members.
397
65 Within seven (7) business days after convening, the Adjustment Board will issue a written finding of its decision or deadlock. In the event the Adjustment Board is unable to reach a decision or is still in the process of conducting its hearing, the time limit may be extended by majority decision of the Adjustment Board for a period of time not to exceed ten (10) business days. In the event no agreement is reached on extending the time limit, the Adjustment Board shall be considered deadlocked.

If a request for a hearing before the Adjustment Board is filed, in all cases, an attempt shall be made to mutually agree upon a joint written submission of the issues to be submitted to the Adjustment Board. If no such joint submission is reached, each party shall submit to the Adjustment Board its own statement of the issues. The basic issues to be submitted to the Adjustment Board are as follows: Was (employee's name) disciplined for just cause? If not, to what remedy is (employee's name) entitled.

The hearing shall be private unless the appealing employee requests a public hearing. Each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, produce evidence and witnesses, and to rebut evidence against him/her. Subpoenas may be issued in the name of the City and attested by the City Clerk.

If subpoenas are requested or issued, time limits shall be considered waived. Oral evidence shall be taken under oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence may be admitted if it is the sort of evidence responsible persons are accustomed to rely on in the conduct of serious affairs. The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions and irrelevant or unduly repetitious evidence shall be excluded.

Copies of the decision and recommendation shall be sent to the Personnel Officer, to be filed in the employee's permanent record.

The decision of the Adjustment Board shall be final. At all steps of this appeal process, the employee may represent themselves or be represented by a representative of their choosing.

If an Adjustment Board is unable to arrive at a majority decision, either the employee or the City may require that the grievance or appeal be referred to the City Council for resolution.

The time limits set forth above are intended as guides for the efficient processing of employee appeals.
398
66 Appeals from disciplinary action in which the Adjustment Board is deadlocked may be referred by the employee or the City to the City Council within ten (10) business days after such deadlock is declared. Such appeal shall be in writing and shall be accompanied by all written materials and other evidence which had been presented to the Adjustment Board. If the Adjustment Board proceedings had been recorded, the transcript of such shall also be provided. Such written appeal shall be made to the City Clerk with a copy to the City Manager.

All hearings shall be conducted in the same manner and to the same extent as provided above. The provisions of Section 1094.6 of the California Code of Civil Procedures are applicable to the City, limiting the time for seeking review of final administrative determinations to ninety (90) days from the date of notice of said determination.
399
67 RULE XXII

GRANT FUNDED POSITIONS AND EMPLOYMENT CONDITIONS
Section 22-1: Grant Funded Positions
The City may, from time to time, enter into grants or special projects which provide for the employment of persons for specified periods of time. Such grant or other programs may be financed all or in part by the Federal and/or State and/or other governmental entities. Positions created by such grant or other program funds are not to be considered regular positions, but rather shall continue only so long as the City determines it appropriate or funds are available.

Section 22-2: Filling Grant Funded Positions
Unless otherwise provided in the grant program, such positions should be filled from existing eligible lists. If the position to be filled is for a non-existing classification, a job description and job title will be needed for Personnel Officer approval prior to the filling of the position. No grant or special project program position may be filled until after approval by the City Manager and Personnel Officer.

Section 22-3: Grant Fund Employee Rights and Privileges Employees hired from grant funds pursuant to this section are not considered to be regular employees, but rather, shall be considered temporary employee and serve at the pleasure of the City. Unless otherwise agreed to by the City in the grant agreement or otherwise required by law, grant funded employees are not eligible for retirement, deferred compensation, health insurance, and related non-salary benefits which are authorized for regular employees. They are covered by Workers' Compensation and unemployment insurance, provided, however, that the only benefits eligible for receipt in the event of job-related injury or illness shall be those benefits provided under Workers' Compensation laws. Reinstatement and re-employment benefits do not apply to employees in grant funded position. Performance evaluation reports are required in the same manner as regular employees.
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68 RULE XXIII

TRAINING AND SAFETY
Section 23-1: Responsibility for Training
It is the policy of the City Council to encourage the training of employees. Responsibility for developing training programs for employees shall be assigned to the Personnel Officer and department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.

Section 23-2: Credit for Training
Participation in, and successful completion of, special training courses may be considered in salary increases and for promotions. Evidence of such activity shall be filed with the Personnel Officer by the appointing authority for each employee successfully participating in training programs.

Section 23-3: Payment of Tuition
Tuition is paid for job related courses taken after the course is successfully completed and appropriate certification filed with the Personnel Officer, and if prior approval by the department head has been given to participate in the course. However, courses paid for by state or governmental agencies do not apply to this section. Training programs authorized by the City shall be financed by the City to encourage employee participation. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training.

Section 23-4: Safety Program
The Personnel Officer is designated the safety and training officer for the City. In this responsibility, the Personnel Officer shall be assisted by the Risk Manager. Safety for persons and property is a fundamental and basic goal for the City. All employees are expected to observe high standards of safety in the performance of service and execution of all assigned duties.

In order to develop and maintain a strong and effective safety program, there is a Safety Committee created for the purpose of reviewing all accidents and Workers' Compensation injury reports. This committee makes recommendations for the improvement of working conditions and procedures for the prevention of accidents or the avoidance of additional accidents. In addition, the Safety 401
69 Committee shall determine when an accident is or is not chargeable to the employee involved. A finding of chargeable shall be based upon a determination that employee conduct, or lack of action, resulted in the accidental occurrence and that each accident was avoidable. Whenever a finding is made that an accident is chargeable, written notice of such finding shall be made to the employee and the appropriate appointing authority.

GRIEVANCES
Section 24-1: Grievance Defined
A grievance is any dispute which involves the interpretation or application of these rules, excluding those provisions which are specifically excluded from the grievance procedure or which provide that the decision of the City Council, City Manager, Personnel Officer or designee shall be final.

Section 24-2: Grievance Procedures
Grievances shall be processed in the following mariner:

This written grievance shall contain the following:

1. Name of grievant(s)

2. Class title(s)

3. Mailing address(es)

4. A clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices)

5. The date(s) on which the event(s) giving rise to the grievance occurred

6. A proposed solution to the grievance

7. The date of execution of the grievance form

8. The signature of the grievant(s)

9. The signature of the bargaining unit representative, if such a representative is representing the grievant(s)

10. The date of the discussion meeting in Step 1 and the name of the supervisor involved
Any formal grievance must be filed within fifteen (15) days after either the response to the informal grievance is given or the time to provide a response to the informal grievance has expired if no response is given. If the grievance is initiated as a formal grievance, then it must be submitted within fifteen (15) days of when the 403
71 grievant knew or should have known of the event giving rise to the grievance.

No grievance may be processed under paragraph “C” below which has not first been filed and investigated in accordance with this paragraph.

C. Review of Department Head Decision: Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager. Such referral must be made no later than fifteen (15) days after receipt of the department head's memorandum specified in sub-section “B” above, and shall be in writing detailing the specific issues involved in the referral together with a statement of the resolution desired. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule if the employee does not timely request review of the department head’s decision.

When the employee presents a formal grievance to the City Manager or designee, the City Manager or designee shall discuss the grievance with the employee and the employee’s representative. Within fifteen (15) calendar days after this meeting, the City Manager or designee shall render a written decision regarding its merits. The decision of the City Manager or designee shall be final and binding and shall resolve the grievance. No further review of the subject matter of the grievance shall be permitted within the City’s administrative process.

Section 24-3 Grievances Involving Payment of Compensation All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Personnel Officer as a formal grievance. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

Section 24-4 General Conditions Applying to All Grievances A. The Human Resources Department will act as a central repository for all formal grievances, including any final decision on a formal grievance.

B. The City shall not institute any reprisals against any employee or any representative resulting from the use of this grievance procedure.

C. Any time limit contained in the grievance procedure may be extended only by mutual agreement in writing.
404
72 D. An aggrieved employee may be represented by another individual at any stage of the proceedings at their request. Both employee and representative (if employed by City) will be entitled to attend proceedings with City representatives without loss of compensation, should such proceeding conflict with employee’s and/or representative’s normal working hours.

F. Failure by the grievant or a grievant’s representative to initiate or appeal a grievance within the prescribed time limits shall waive the right of the grievant, the grievant’s representative, and the grievant’s bargaining unit (if any) to initiate or appeal a grievance. In the case of an appeal, the last answer to the grievance shall be deemed to be the resolution to the grievance.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:11
Agenda Item: Tahoe Valley Stormwater and Greenbelt Improvement Project for Phase 1 Paving:

Funding Transfer, Change Order, and Increase of Contingency Executive Summary: The Tahoe Valley Stormwater and Greenbelt Improvement Project (Project) is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths. Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources. Phase 1 consists of stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd. This phase is currently under construction. Phase 2 consists of the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street. Phase 2 is anticipated to begin construction in May 2025. ACTION 1: In September 2024, the City retained the services of Lumos and Associates to evaluate and recommend the pavement section for the proposed pavement rehabilitation of the roads in Phase 1 of the Tahoe Valley Stormwater and Greenbelt Improvement Project (D Street, F Street, and Bonanza Ave as shown in Attachment 02). Based on field and laboratory test data for this area, a pulverized asphalt, subgrade, and pavement methodology was proposed by Lumos and Associates. After receiving these recommendations, the City requested a change order proposal from the Phase 1 contractor, Herback General Engineering, for a price to utilize the pulverized asphalt/subgrade/pave methodology in lieu of the mill and overlay methodology. The pricing to change the methodology from mill and overlay to pulverized asphalt/subgrade/pave methodology will require an additional $316,666.08 in funding (refer to Attachment 03). ACTION 2: On September 6, 2022, City Council awarded the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 1 to Herback General Engineering ($6,688,511.36) (C-151-2022) and approved a 10% construction continency ($668,852). To date, eight change orders totaling $234,204 have been executed including potholing existing utilities, additional tree removal for pipe alignment changes, work associated with storm drain alignment change due to sanitary sewer conflict, quantity adjustment between pipe materials, additional slurry cement backfill, and water main vertical offsets. There are three outstanding change order requests that have not yet been executed that total $472,780.46. Additionally, it is expected that there will be quantity overruns and underruns. These occur when the actual constructed quantities exceed or are less than the quantities included in the original bid. As currently forecasted, it is anticipated that 10% contingency will be sufficient; however, should there be quantity overruns for pavement, there is potential for the contingency to exceed 10%. Staff is requesting approval to authorize up to 11% contingency ($735,736.25).

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to transfer $303,000 in funds from the Road Rehabilitation Account to the Tahoe Valley Stormwater and Greenbelt Improvement Project; authorizing and directing the mayor to execute the pavement design change order; and approving construction contingency up to 11% for the Phase 1 Construction Contract for a new not to exceed amount of $7,424,247.61 (total bid $6,688,511.36 + 11% contingency $735,736.25).

Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer 406
Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report-Funding Transfer_Paving.docx
02-Map
03-Change Order Request.pdf
04-Resolution-Fund Transfer and Additional Contingency-Tahoe Valley Greenbelt Project 407
Council Agenda Report April 22, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Funding Transfer from Road Rehabilitation Account to the Tahoe Valley Stormwater and Greenbelt Improvement Project for Phase 1 Paving, and Increase of Contingency from 10% to up to 11%
Location: Tahoe Valley drainage watershed and specifically D Street, F Street, and Bonanza Avenue (see Attachment 02)
Responsible Staff Member: Brianna Greenlaw, Associate Civil Engineer Background: The Tahoe Valley Stormwater and Greenbelt Improvement Project is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders, including drainage, water quality, public space, new naturalized play structures, and improved active transportation paths.

Due to the size and diversity of the overall project, the City split it into two phases to secure funding from a variety of eligible and applicable funding sources.

1. Phase 1 consists of stormwater and water quality improvement work within the Bonanza neighborhood and downstream of James Avenue at 3rd Street to Tahoe Keys Blvd. This phase is currently under construction.

2. Phase 2 consists of the Central Greenbelt Area (behind the Crossings) spanning between Emerald Bay Road at B Street down to Highway 50 at 4th Street. This phase is anticipated to begin construction in May 2025.

Issue and Discussion:

ACTION 1: Authorize the Transfer of $303,000 in Funds from the Road Rehabilitation Account (Measure S funds) to the Tahoe Valley Stormwater and Greenbelt Improvement Project and Execute the Pavement Design Change Order (CCO #11).

In September 2024, the City retained the services of Lumos and Associates to evaluate and recommend the pavement section for the proposed pavement rehabilitation of the roads in Phase 1 of the Tahoe Valley Stormwater and Greenbelt Improvement Project (D Street, F Street, and Bonanza Ave as shown in Attachment 02). Based on field and laboratory test data for this area, a pulverized asphalt, subgrade, and pave methodology was proposed by Lumos and Associates. Existing asphalt and subgrade will be pulverized to a depth of 8 inches with the top 4 inches to be removed. Two 2” lifts of asphalt will be placed for a 4” pavement section. Because a mill and overlay approach were previously included in the original bid awarded in 2022, Lumos and Associates also evaluated this methodology. This methodology was not recommended due to 1) inconsistent asphalt thickness for each roadway which would apply inconsistent stress to the overlay pavement, 2) the existing pavement contains various amounts and types of cracking that will reflect through the overlay pavement, and 3) lack of aggregate base in the existing pavement section. After receiving these recommendations, the City requested a change order proposal from the Phase 1 contractor, Herback General Engineering, for a price to utilize the pulverized asphalt/subgrade/pave methodology in lieu of the 408
Council Agenda Report April 22, 2025 Page 2 of 3
mill and overlay methodology. The original bid items for asphalt mill and overlay were $723,400. The pricing to change the methodology from mill and overlay to pulverized asphalt/subgrade/pave methodology will require an additional $316,666.08 in funding (refer to Attachment 03).

ACTION 2: Approve Potential Use of Contingency to up to 11% for Phase 1.

On September 6, 2022, City Council awarded the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 1 to Herback General Engineering ($6,688,511.36) (C-151-2022) and approved a 10% construction contingency ($668,852). To date, eight change orders totaling $234,204 have been executed including potholing existing utilities, additional tree removal for pipe alignment changes, work associated with storm drain alignment change due to sanitary sewer conflict, quantity adjustment between pipe materials, additional slurry cement backfill, and water main vertical offsets. There are three outstanding change order requests that have not yet been executed that include changes to material for road shoulder stabilization, added paving of swales on James Avenue, and change in pavement design previously described herein.

These outstanding change orders total $472,780.46. Additionally, it is expected that there will be quantity overruns and underruns. These occur when the actual constructed quantities exceed or are less than the quantities included in the original bid. As currently forecasted, it is anticipated that 10% contingency will be sufficient; however, should there be quantity overruns for pavement, there is potential for the contingency to exceed 10%. Staff is requesting approval to authorize up to 11% contingency ($735,736.25). Authorizing the potential use of up to an additional 1% contingency will allow staff to act quickly during construction.

Returning to City Council to request additional contingency during paving operations could cause costly delays and unnecessary disruption to the public. Before closing the construction contract with Herback General Engineering, staff will return to City Council to reconcile the final change order amount, not to exceed the total authorized amount.

Financial Implications: Supplementing the Tahoe Valley Project account (301-40030-48030) with $303,000 of Measure S funds from the Road Rehabilitation account (301-50005-48030) will allow for the execution of the proposed change order for Phase 1 paving of D Street, F Street, and Bonanza Avenue.

Supplementing the Tahoe Valley Stormwater and Greenbelt Improvement Project with road rehabilitation funds for paving the roads in Phase 1 was presented at the February 25, 2025, City Council meeting during the annual road rehabilitation and drainage replacement update.

The total amount for Phase 1 project associated paving items includes $112,520 for items that are not changing from the original bid such as roadside swale paving and miscellaneous paving bid items, and the amount to complete the pulverized asphalt/subgrade/pave methodology ($1,040,066.08) for a grand total of $1,152,586.08. There was previously $850,000 in Measure S funds added to the Tahoe Valley Project account; therefore $302,586.08 is needed to cover the proposed paving recommendation. All other executed and not yet executed change orders and quantity overruns/underruns are planned to be covered with other funds already in the Tahoe Valley Project account. Funding is available in the account for a contingency up to 11%
Environmental Considerations: The Planning Commission adopted the CEQA, Mitigated Negative Declaration on May 9, 2019, SCH# 20190292152. Addendum No. 1 adding the basin and associated improvements at the corner of 4th Street and Barton Avenue was adopted by the Planning Commission on February 20, 2025.

Policy Implications: Completing project improvements will assist with meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section

50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). The Project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation) to prioritize implementation of mixed-use recreational trails and Class 1 bike trails and closing gaps in the bicycle trail system. 409
Council Agenda Report April 22, 2025 Page 3 of 3
 Action Item 2.3 (Connectivity) to facilitate implementation of trail infrastructure prioritizing the connection of bicycle and walking trails, from neighborhoods near the Greenbelt to the South Y commercial area and beyond.
 Action Item 5.3 (Infrastructure and Maintenance) by actively seeking funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list. 410
Tahoe Valley Greenbelt
Phase 1
Paving Areas
Path: \\gis\share\Projects\PublicWorks\Engineering\GeneralEngineeringProjects\GeneralEngineeringProjects.aprx | Tahoe Valley Greenbelt ph1 Paving Areas | 3/24/2025 Dedi Ave
B St
Bonanza
Ave
Julie
Ln
Julie
Ln
Julie
Ln
Margaret Ave
Dedi Ave
F St
Tata
Ln
50 Melba
Dr
C St
6296 ft
50 E St
Melba Dr
Bonanza
Ave
D St
Dedi Ave
F St
Tata
Ln
0 290 580 870
Feet
411

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South Lake Tahoe City CouncilApril 22, 2025

South Lake Tahoe City Council
April 22, 2025