St. Helena City Council
June 23, 2023

13-8 | ST. HELENA GENERAL PLAN UPDATE 2040
13 arts, culture and entertainment

13.3 Key Findings
There are several challenges and opportunities facing St. Helena related to arts, culture and entertainment. The following key findings are based on a comprehensive existing conditions analysis, stakeholder interviews and community input.
• The nonprofit arts and culture industry contributes significantly to the national economy by generating approximately $166.2 billion in total economic activity nationwide each year. In addition, the arts support 5.7 million jobs, generate $29.6 billion in tax revenue and contribute $104.2 billion to household incomes. By strengthening its arts sector, St. Helena can establish the arts as a key driver in the local economy.
• Visual arts and music represent the two largest segments of the arts and culture sector in Napa County, complemented by theater, dance, film, media, literary and cultural programming, creating a varied and diverse arts landscape across the county. In addition, St. Helena hosts world-renowned culinary arts resources that contribute greatly to the local economy and cultural community.
• St. Helena has the greatest number of artists and arts organizations per capita in the Napa Valley. Although the City’s population is only five percent of the Valley’s total population, St. Helena’s artists and arts organizations account for 18 percent of the Valley’s total.

Creating an Art in Public
Places Program can help
advance the City’s goal of
establishing the arts as integral to St. Helena’s identity.

Agenda Item #5.1.

ST. HELENA GENERAL PLAN UPDATE 2040 | 13-9
13 arts, culture and entertainment
In a 2007 Arts Council Napa Valley survey, 78 percent of Napa County’s artists reported that they worked in their homes and supplemented their art income with alternate employment. Twelve percent of Napa County artists described themselves as full-time, professional artists. Many reported that they chose to live in Napa County for its charm and beauty, but find the high costs of living, studio, and rehearsal spaces challenging and limiting to their artistic pursuits. The City can help strengthen its arts community with actions to ensure there are places available for artists to live and create, including identifying locations for affordable studio, rehearsal and performance spaces, and reducing regulatory barriers that limit artists’ abilities to live, create, exhibit, and sell their works from their homes.3 • St. Helena’s arts and culture sector is strongly affected by the strength and vitality of the arts sector in the Napa region. Artists and arts organizations across the Napa Valley compete for attendance, local support and resources. • In the 2007 Arts Council Napa Valley survey, arts community representatives highlighted a need for increased marketing and communications focused on the area’s arts offerings. Representatives also cited the need for artists to have places to gather and communicate about upcoming events and partnership opportunities. By encouraging arts gatherings, events and public art installations, the City can assist local artists in marketing their work and collaborating to share information about upcoming events, facilitating interaction between artists and the local business community. • Members of the arts community expressed a need for additional community arts, performance and exhibition spaces to meet the needs of emerging artists. They cited a need for venues in which to screen films, videos, and multimedia exhibits, and performing arts venues that can accommodate smaller dance or theatre companies. As part of a countywide effort to strengthen the local arts and cultural communities, St. Helena can undertake an arts facility inventory to identify possible locations for a cultural arts center designed to meet current unmet needs.
3 Warshawski, Morrie. Executive Summary: Town Hall Meetings. Prepared on behalf of the Arts Council Napa Valley. 2007
Agenda Item #5.1.

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13 arts, culture and entertainment
• Actions available to the City to increase its support for the arts, culture and entertainment sector include creating a public funding mechanism to support public art and art events, reducing regulatory barriers such as licenses and permits that can be prohibitively expensive for emerging artists and refining zoning regulations that pertain to live/work studio spaces and artists’ ability to sell work from their homes and studios.
• Currently, the City lacks a designated body to organize, oversee, and guide arts and cultural programming in St. Helena. Establishing a St. Helena Arts Committee to direct funding, work with the City to streamline permitting and approvals, , and liaise with the Napa County Commission for Arts and Culture and other regional efforts can strengthen collaboration and coordination within the local arts and culture sector. Such a committee would also ensure that arts and culture become a critical part of St. Helena’s high quality of life and unique sense of place. In addition, including representatives of a wide range of arts media and cultural groups, as well as age, on the Arts Committee can ensure that St. Helena pursues an equitable and balanced arts program.groups on the Arts Committee can ensure that St. Helena pursues an equitable and balanced arts program.

City policies that support an
array of media can broaden
the overall impact of the arts
on St. Helena’s local economic
development efforts.

Agenda Item #5.1.

ST. HELENA GENERAL PLAN UPDATE 2040 | 13-11
13 arts, culture and entertainment
This stained glass greenhouse
incorporates art into daily life
in the Napa Valley.

13.4 Goals
The goals of the Arts, Culture and Entertainment Element are:

Celebrate Arts, Culture, and Entertainment.

St. Helena is committed to celebrating the contribution of its visual, performing, culinary and entertainment artists who help define the City’s unique identity and the high quality of life.

Strengthen and Expand Arts, Culture, and Entertainment.

St. Helena is dedicated to strengthening its arts, culture, and entertainment sector, improving the economic health of the City, beautifying the environment, and incorporating the arts into daily life through ongoing financial support for local visual, performing, cultural, literary, and culinary arts.

Honor Culture and Heritage.

St. Helena seeks to venerate the past and present contributions of its residents and their diverse cultural and historic contributions to the City.

Agenda Item #5.1.

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13 arts, culture and entertainment
Local concerts in the park provide opportunites for the community to gather, dance, and enjoy live music.

13.5 Policies and Implementing Actions
A range of policies and implementing actions are outlined below and organized into the following topic areas:

1. Community Enhancement and Economic Development;

2. Inclusive Programs;

3. Awareness, Education and Outreach; and

4. Civic Leadership
The following policies and actions mandate, encourage, or allow certain initiatives to be pursued throughout the duration of the General Plan. Together, they serve as strategic directions for City staff and partners, highlighting where time and resources should be focused.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
ST. HELENA GENERAL PLAN UPDATE 2040 | 13-13
1 COMMUNITY ENHANCEMENT & ECONOMIC DEVELOPMENT
Policies
AC1.1 Ensure widespread opportunities for arts exposure by integrating them physically and socially into community life in order to establish the arts as an integral part of St. Helena’s identity.

AC1.2 Promote arts and culture as key components of St. Helena’s historic, current and future identity.

AC1.3 Support collaboration
between local business organizations to incorporate public art into the City’s economic development
strategies.

AC1.4 Increase the contribution
of arts, culture, and entertainment
to cultural tourism and local economic development efforts through partnerships with regional arts
organizations.

Parades and festivals help to
integrate celebration of art,
history and culture into community life.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
13-14 | ST. HELENA GENERAL PLAN UPDATE 2040
1 COMMUNITY ENHANCEMENT & ECONOMIC DEVELOPMENT
Implementing Actions
AC1.A Develop a program to expand major festivals and events that celebrate arts, culture, and history while contributing revenue to the City. Potential events include:
• Endeavors that feature the youth in arts, such as communitywide student recognition concerts and a youth arts festival;
• Theater-in-the-park performances;
• Dance;
• Outdoor film screenings;
• Art shows and art walks;
• Poetry readings;
• Holiday and cultural parades;
• Culinary and harvest celebrations;
• Open studios;
• Music festivals; and
• Art-based competitions.

AC1.B Develop and implement a marketing/public relations campaign that highlights artists and events in St. Helena. Possible City actions can include posting arts announcements on the City’s website, installing a kiosk downtown that distributes local arts information to the community, and hosting events where artists and arts organizations can gather to share information with local business owners. Pursue opportunities to increase revenue due to cultural tourism. Partner with regional arts organizations to maximize the effectiveness of marketing and cultural tourism efforts.

AC1.C Adopt an Art in Public Places program and ordinance to ensure that public art projects occur efficiently and in a way that meets citywide objectives.

Local museums and sculpture
gardens serve as an attraction
for cultural tourists.

Agenda Item #5.1.

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13 arts, culture and entertainment
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1 COMMUNITY ENHANCEMENT & ECONOMIC DEVELOPMENT
AC1.D Identify existing locations that can be used as studio, rehearsal, exhibition, and performance spaces. Support efforts to make these spaces affordable to local artists.

AC1.E Provide public performance spaces for musicians, dancers and other performing artists.

AC1.F Identify locations, where public or private, sponsored arts, cultural, and entertainment events can be held and activities can occur. Locations may include the St. Helena library, new development on Adams Street, and the Cameo Theatre.

AC1.G Provide zoning and developer incentives to encourage and reward the creation and retention of affordable spaces for artists to create and present work.

AC1.H Encourage development of public-private partnerships with culinary institutions to support local emerging chefs, bakers, specialty food makers, and other local emerging culinary artists.

AC1.I In cooperation with the St. Helena Historical Society, develop a public education and awareness program to promote the City’s historical and cultural resources. Program components can involve self-guided walking tours, plaque identification programs, home and garden tours, speakers’ series and other public events.
(For additional policies and implementing actions regarding historic and cultural education and outreach, see the Historic Resources Element.) Agenda Item #5.1.

topic area
13 arts, culture and entertainment
13-16 | ST. HELENA GENERAL PLAN UPDATE 2040
Implementing Actions
AC2.A Identify artists and outlets for diverse cultural offerings.

AC2.B Identify and direct funding to support artists who represent the diversity of the St. Helena community.

AC2.C Encourage the participation of all arts organizations in citywide marketing and promotional opportunities.

AC2.D Encourage performing arts organizations to make empty seats available at low or no-cost to St. Helena residents who cannot otherwise afford to attend performances.
2 INCLUSIVE PROGRAMS
Policies
AC2.1 Encourage emerging art forms, artists, and diverse cultural traditions.

AC2.2 Promote affordable, relevant, and accessible cultural offerings for all St.

Helena residents.

St. Helena supports diverse
cultural traditions and emerging artists and forms of art.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
ST. HELENA GENERAL PLAN UPDATE 2040 | 13-17
2 INCLUSIVE PROGRAMS
AC2.E Conduct outreach about local arts opportunities and events to nonEnglish speaking groups, particularly the Spanish-speaking community.

AC2.F Consider a series of City-sponsored events that enable artists and cultural organizations to gather and exhibit works.

AC2.G Develop an incentives program to grow the capacity of local artists and arts organizations. Encourage affordable, strategically located studio workspaces, performance, and exhibit spaces in underutilized buildings; encourage professional exhibitions or demonstrations and sales; and provide tools and resources to secure support for their work.

AC2.H Make City property available for the public display of art.

Visual arts are an important
part of St. Helena’s identity.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
13-18 | ST. HELENA GENERAL PLAN UPDATE 2040
Implementing Actions
Encourage the creation of a St. Helena Arts Committee to embrace these concepts:

AC3.A Consider attracting world-class artists and research what is being done with successful art-based communities in other destinations in order to enhance the community and revenue.

AC3.B Engage local and regional media in generating interest and excitement about the importance of arts to the St. Helena community. 3 AWARENESS, EDUCATION AND OUTREACH
Policies
AC3.1 Support community-based arts organizations that make significant contributions to the St. Helena community.

AC3.2 Nurture creativity and artistic talent through a rich offering of well balanced and equitably-distributed arts and cultural education programs and services.

AC3.3 Increase local awareness of the arts sector.

AC3.4 Support expanded arts programming in schools and strengthen youth arts opportunities provided by arts organizations.

Community-based arts make
important contributions to the
St. Helena economy and quality of life.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
ST. HELENA GENERAL PLAN UPDATE 2040 | 13-19
3 AWARENESS, EDUCATION AND OUTREACH
AC3.C Conduct and publish results of an arts in education survey of programming available through local schools and organizations. Using this research as a foundation, create an Arts Education Master Plan for St. Helena.

AC3.D Actively pursue joint-use agreements with the Napa County Office of Education, St. Helena Unified School District, faith organizations, public agencies, private entities, or nonprofit organizations that own or operate facilities within the city to maximize the use of facilities in the community for arts and entertainment purposes.

AC3.E Develop an effective outreach program for all City programs and services in order to ensure the successful delivery of information about arts program availability to the general public. Ensure that all materials are made available in Spanish and other languages spoken in the community.

AC3.F Encourage “artists-in-residence” programs in schools and arts organizations in order to expand opportunities for youth to experience the arts.

AC3.G Partner with the Arts Council Napa Valley and other arts organizations to support a centralized information bank and resources for schools, artists, and arts organizations for arts programming.

AC3.H Provide funding and support for artists and teachers to develop best practices.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
13-20 | ST. HELENA GENERAL PLAN UPDATE 2040
4 CIVIC LEADERSHIP
Policies
AC4.1 Support improved coordination and communication between arts organizations.

AC4.2 Support the arts in partnership with the City and business communities.

AC4.3 Build a coalition of informed arts advocates who can generate support for key arts issues within the city.

AC4.4 Create public funding sources for the arts.

AC4.5 Partner with Napa County and regional arts endeavors to ensure that the City’s support for arts, culture, and entertainment integrate others in the area.

AC4.6 Create locations for public displays of art and facilitate their use on public property.

AC4.7 Create a permitting process that facilitates art installation on public property.

Agenda Item #5.1.

topic area
13 arts, culture and entertainment
ST. HELENA GENERAL PLAN UPDATE 2040 | 13-21
4 CIVIC LEADERSHIP
Implementing Actions
AC4.A Encourage the creation of a St. Helena Arts Committee to oversee art installations, proposals, funding strategies, education, and public relations efforts. The Arts Committee can facilitate connections between artists and the business community and oversee City-sponsored efforts.

AC4.B Consider how to create a sustainable public funding system, such as a percentage allocation of development fees and/or transient occupancy taxes (TOT), to support the City’s efforts to promote arts, culture, and entertainment.

Conduct a survey to identify additional models of public support for artists and arts organizations and consider a plan to implement appropriate policies. (Also see the Economic Sustainability Element, Topic Area 1) AC4.C Consider a local arts funding strategy to increase private funding and resources that support artists and local art institutions and organizations in the city. Identify key donors to participate in public-private partnerships to support arts and culture citywide.

AC4.D Encourage incentives and rewards for partnerships and cooperation through funding policies and resource development.

AC4.E Provide opportunities for arts leaders to build partnerships and develop joint projects, including revenue-generating events.

AC4.F Explore opportunities to build partnerships with other municipalities and the County to support regional arts and culture promotion efforts.

AC4.G Create a simple, user-friendly permitting process for artists to display their works.

Partnerships between artists
and the business community
are critical to developing sustained support for arts, culture and entertainment in St.

Helena.

Agenda Item #5.1.

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Agenda Item #5.1.

historic resources list
appendix A
Agenda Item #5.1.

Name Address/Location
National
Register
California
Register
Locally
Designated
Contributor to a
Historic District
Burn & Wise Cellars, Greystone Cellars 2555 Main St L L L Charles Krug Winery 2800 Main st L L L
Special Internal Revenue Bonded Warehouse 1216 Church St L L William Tell Saloon and Hotel 1228 Spring St L L HC
St. Helena Catholic Church 1255 Oak St L L
Taylor Duckworth and Company Foundry
Building
1345 Railroad Ave
L L HC
St Helena Public Library 1360 Oak St L L
Crane-Ramos Sherry Factory 1468 Railroad Ave L L
Beringer Brothers/Los Hermanos Winery 2000 Main St L L
Rhine House/Frederick Beringer 2000 Main St L L BW
Greystone Cellars/Christian Brothers 2555 Main St L L
St Helena High School/Vintage Hall 437 Main St L L
St. Helena Historic Commercial District Main St L L
Pope Street Bridge/21C-109 Pope St L L
Saint Helena Southern Pacific Railroad Railroad Ave L L Saint Helena Ranger Unit Headquarters 1572 Railroad Ave E E Frank Sciaronis Winery & Distillery 1050 Charter Oak Ave E L John Money's Planing Mill 1057 Main St E L
Noble Building, Galleron Building 1200 Main St E L HC
A. Goodman Building 1201 Main St E L HC
Alexander Court 1207 Alexander Ct E L
Frank L. Alexander House 1207 Alexander Ct E L
David Building, Little Dress Factory 1231 Main St E L HC C.D. Mooney House 1269 Allyn Ave E L
1279 Allyn Ave E L
Hunt Building 1302 Main St E L HC
Windsor Hotel, Hotel St Helena 1305 Main St E L HC
United Methodist Church of St Helena 1310 Adams St E L
St Helena Native Sons of the Golden... 1313 Spring St E L Dowdell House 1317 Allyn Ave E L
St Helena Elementary School 1325 Adams St E L
Richie Block 1327 Main St E L HC
St. Helena Star Building 1328 Main St E L HC
St. Helena Ioof Hall/Odd Fellows 1352 Main St E L HC
KettleWell Building, Vasconis Phar. 1381 Main St E L
George Schonewald Estate 1401 Hudson Ave E L
Walter Metzner House 1407 Kearney St E L
First Presbyterian Church of St Helena 1420 Spring St E L Klubescheidt House 1445 Oak St E L
A.N. Bell House, Stralla House 1459 Kearney St E L
Dr. Davis House 1467 Oak St E L
Greenfield House 1508 Main St E L
Shy House 1542 Spring St E L
Willian Bell House, Clark House 1605 Spring Mountain Rd E L George W. Schmidt House 1611 Adams St E L
Gus Jursch House 1637 Spring Mountain Rd E L
Mackinder - Baldwin House 1651 Spring Mountain Rd E L
Fuller House 1817 Main St E L
Fuller Place Tankhouse 1817 Main St E L
Kraft House and Wine Cellar 1902 Madrona Ave E L
Vann-Anderson House, St. Gothard's 1915 Main St E L
Elm Alley 2000 Main St E L BW
Hudson House 2000 Main St E L BW
Dr. George Belden Crane House 397 Main St E L
James Dowdell House 415 Dowdell Lane E L
Mixon House 835 Mccorckle Ave E L
921 Hunt Ave E L
Jacob Meily Winery, Signorelli Pla. 924 Pope St E L
D.O. Hunt house 957 Hunt Ave E L
Agenda Item #5.1.

Name Address/Location
National
Register
California
Register
Locally
Designated
Contributor to a
Historic District
967 Charter Oak Ave E L
E York Wine Cellar 1095 Lodi Lane E
York Alexander House, Casa Robles 1105 Lodi Lane E
Wheeler House, Mill Mar Ranch 1445 SR 29 E
Site of Turner Hall, Lyman Park 1498 Main St E
Spring Valley School 1796 Silverado Trail E
Lewelling House 2093 Sulphur Springs Ave E
Mrs W B Bourn House, Madrono 2233 Sulphur Springs Ave E John Thomann House / Chalet... 225 St Helena Hwy E
Edge Hill Carriage House 2727 Sulphur Springs Ave E
Edge Hill Stables 2727 Sulphur Springs Ave E
F Rosenbaum House/Johannaberg Vineyards 2867 SR 29 E
Melrose Farm 493 Zinfandel lane E
Asa White House, White Ranch 707 White Lane E
Ives House, Bellani House 738 Main St E
Napa Valley Olive Oil Manufactory 835 Charter Oak Ave E Lodi School, lodi Farm Center Lodi Lane E
Main Street Electrolaires Main St E
Rutherford School, Caymus School SR 29 E
Zinfandel Bridge Zinfandel Lane E
Bank of St Helena, Pastime Bar 1351 Main St L L HC
Ranger's Residence 1572 Railroad Ave L
Kraft Wine Cellar 1902 Madrona Ave L
Edge Hill Distillery, Edge Hill 2585 Sulphur Springs Ave L 0000 Alexander Court L
1000 Hunt Avenue L
1000 Main Street L
1006 Pope Street L
1012 Pope Street L
1017 Charter Oak Avenue L
1017 Pope Street L
1024 Pope Street L
1025 Allison Avenue L
1028 Main Street L
1034 Pope Street L
1102 Edwards Street L
Pritchard Building 1104 Adams St L HC
1105 Adams St L
1114 Church Street L
1125 Pope Street L
1132 Church Street L
1133 Edwards St L
1136 Edwards Street L
1160 Edwards Street L
1161, 1153 Edwards Street L
A. Goodman Building 1205 Main St L HC
1210 Main St L
1212 Edwards Street L
1214 Main St L
Ivy Loeber House 1217 Edwards St L
1218 Main Street L
1219 Main St L HC
1220 Edwards Street L
1220 Madrona Street L
1222 Main St L
1223 Main St L
1227 Edwards Street L
1228 Main St L
Site of David Fulton's Saddlery 1230 Main St L
1230 Stockton Street L
Agenda Item #5.1.

Name Address/Location
National
Register
California
Register
Locally
Designated
Contributor to a
Historic District
1234 Madrona Street L
1234 Main St L
1235 Main St L HC
1243 Main Street L
1244 Spring Street L
1248 Stockton Street L
1252 Allyn Avenue L
1257 Stockton Street L
1277 St. Helena Hwy. S. L
American Legion Post 1291 Madrona Street L
1305 Stockton Street L
Grace Church, Grace Episcopal Church 1314 Spring St L
1321 Main St L
1322 Hudson Avenue L
1325 Main St L
1326 Oak Avenue L
Roma Hotel/Miramonte Hotel 1327 Railroad Avenue L
1329 Pine Street L
1329-1321 Allyn Avenue L
1330 Allyn Avenue L
1330 Pine Street L
1331 Stockton Street L
1337 Allyn Avenue L
1340 Pine Street L
St. Helena Catholic Church 1340 Tainter Street L
1341 Madrona Street L
1343 Main St L
Chiles House, First Baptist Church 1343 Spring St L
Owen Wade Building/Smiths Pharmacy 1347 Main St L HC
1354 Pine Street L
1361 Main St L
1362 Stockton Street L
1367 Main St L HC
1370 Main St L
1375 Main Street L
1380 Main St L HC
1410 Adams Street L
1413 Tainter Street L
Wall House 1414 Main St L
1417 Kearney Street L
1420 Stockton Street L
1421 Tainter Street L
1426 Kearney Street L
1427 Kearney Street L
1439 Kearney Street L
1451 Library Lane L
1454, 1455 Oak Avenue L
1457 Stockton Street L
St. Helena Post Office 1461 Main St L
1467 Kearney Street L
Johnsons Depot Saloon, Babes Place 1478 Railroad Ave L
1489 Kearney Street L
1505 Kearney Street L
1508 Spring Street L
1509 Tainter Street L
1512 Hudson Avenue L
1513 Madrona Street L
1515 Main Street L
1518 Adams Street L
1523 Madrona Street L
Agenda Item #5.1.

Name Address/Location
National
Register
California
Register
Locally
Designated
Contributor to a
Historic District
1523 Main Street L
1523 Spring Street L
Tilley House 1526 Spring St L
1530 Kearney Street L
Boy Scout Hall 1530 Railroad Ave L
1531 Spring St L
1537 Main Street L
1543 Kearney Street L
1545, 1549, 1553 Madrona Street L
1547 Main Street L
1548 Madrona Street L
1549 St. Helena Hwy. S L
1550 & 1558 Main Street L
1550 Railraod Avenue L
A. Forni House 1551 Oak St L
1551 Spring Street L
1552 Adams Street L
1556 Allyn Avenue L
1556 Tainter Street L
1570 Main Street L
1603 Main Street L
1615 Main Street L
1623 Spring Mountain Road L
1629 Main Street L
1635 Main Street L
1635 Spring Street L
1657 Stockton Street L
1702 Madrona Street L
1706 Adams Street L
Martinelli House 1709 Spring Mountain Rd L
John Kelly House, John Mitchell 1735 Spring St L
1758, 1764 Spring Street L
1761 Stockton Street L
Schweinitzer House and Winery 1817 Spring St L
Vance-Anderson House/St. Gothard's Inn 1830 & 1846 Main Street L Red cottage/Charlotte Chase Starr House 1832 Sulphur Springs Avenue L 1855 Main Street L
Kraft House 1902 Madrona Ave L
1933 Spring Street L
Methodist church Parsonage 1944 Spring St L
195 Main Street L
Beringer Winery 2000 Main Street L
Beringer Winery - Sisters' House 2000 Main Street L
Dean York House 2070 Dean York Lane L
21 Silverado Trail L
222 Pope Street L
White cottage/Captain Chase House 2252 Sulphur Springs Avenue L 2610 Sulphur Springs Avenue L
330 Pratt Avenue L
376 Pratt Avenue L
458 Mills Lane L
514 Pratt Avenue L
609 McCorkle Avenue L
681 McCorkle Avenue L
741 Chart Oak Avenue L
825 Allison Avenue L
825 Fulton Lane L
831 Charter Oak Avenue L
834 Pope Street L
849 Charter Oak Avenue L
Agenda Item #5.1.

Name Address/Location
National
Register
California
Register
Locally
Designated
Contributor to a
Historic District
850 Hunt Avenue L
855 Pratt Avenue L
905 Charter Oak Avenue L
910 Allison Avenue L
916 Hunt Avenue L
917 Allison Avenue L
917 Charter Oak Avenue L
931 Charter Oak Avenue L
933 Main Street L
940 Hunt Avenue L
943 Charter Oak Avenue L
943 Pope Street L
945 Brown St L
951 Pope Street L
957 Charter Oak Ave L
957A Brown St L
957B Brown St L
Vista Alley-Adams Street L
Fountain Winery Dowdell Lane L
Alley view of backs of stone and brick
commercial buidlings on Main Steet
Money Way Vista
L
Stone warehouse/Bell Bros. Warehouse Money Way Vista L
N.E. Corner Oak Street L
Spring Mountain Road over York Creek Near Spring Mountain Road and Dean York Lane L
Oak @ Corner Tainter L
Barn Pine between Stockton & Kearney L
Bridge 21C-110 Pope St L
Stone Bridge Saloon Site Pope St at Silverado Trail L
Pope Street Bend & Stone BridgeView East L
G.L. Pratt House Pratt Avenue L
Bridge 21C-113 Spring Mountain Rd L
Lewelling Winery Spring Street L
St. Helena Public Cemetary Spring Street L
Bridge #21-16, Sulphur Creek Bridge SR 29 L
Church of St. Helena Rectory Tainter near Oak L
South toward St. Helena Elementary School Vista Tainter L Alberts Rock Wall L
HMS Vineyards Historic Stone Wall L
Lewelling "Deermount" Ranch L L LDR
Meadowood Historic Road/Path L
Terraced Old Olive Orchard L
1225 Adams St HC
1225 Main St HC
1226 Spring St HC
1269 Main St HC
1310 Main St HC
1310 Oak Ave HC
1312 Main St HC
1313 Main St HC
1316 Main St HC
1320 Main St HC
1321 Railroad Ave HC
1332 Main St HC
1339 Main St HC
1346 Main St HC
1350 Main St HC
1355 Main St HC
1371 Main St HC
Agenda Item #5.1.

Name Address/Location
National
Register
California
Register
Locally
Designated
Contributor to a
Historic District
1379 Main St HC
Beringer Winery Circulation Routes 2000 Main St BW
Beringer Winery Stone Wall 2000 Main St BW
Distillery Building 2000 Main St BW
Export Bulding 2000 Main St BW
North House 2000 Main St BW
Old Winery 2000 Main St BW
Sherry Shack Complex 2000 Main St BW
Tour Center 2000 Main St BW
Sources: NWIC, 2018; City of St. Helena 1978 & 2006; Dyett & Bhatia, 2018 Key
E = Eligible
L = Listed
BW = Beringer Winery Historic District
HC = St. Helena Historic Commerical District
LDR = Lewelling "Deermount" Ranch
Red = Unable to locate
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2021 EMPLOYEE HANDBOOK

EMPLOYEE
Adopted January 12, 2021
Resolution No. 2021-6
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-iRULE 1. GENERAL PROVISIONS ........................................................................... 1 SEC. 1.1 PURPOSE....................................................................................... 1 SEC. 1.2 APPLICABILITY............................................................................... 1 SEC. 1.3 NOT AN EMPLOYMENT CONTRACT ........................................... 1 SEC. 1.4 PRIOR POLICY REPEALED............................................................. 1 SEC. 1.5 DELEGATION OF AUTHORITY...................................................... 1 SEC. 1.6 AMENDMENT OF RULES .............................................................. 2 SEC. 1.7 TERM OF PERSONNEL SYSTEM RULES........................................ 2 SEC. 1.8 VIOLATION OF RULES .................................................................. 2 SEC. 1.9 EMPLOYEE RESPONSIBILITY ........................................................ 2 SEC. 1.10 CONFLICTS ................................................................................... 2 SEC. 1.11 DISTRIBUTION OF PERSONNEL POLICIES................................... 3 SEC. 1.12 SEVERABILITY................................................................................ 3 SEC. 1.13 CHANGES TO THE LAW ............................................................... 3 SEC. 1.14 DEFINITION OF TERMS................................................................. 3 SEC. 1.15 NON-DISCRIMINATION.............................................................. 10 RULE 2. CLASSIFICATIONS ................................................................................. 12 RULE 3. COMPENSATION................................................................................... 14 SEC. 3.1 SALARY ON APPOINTMENT....................................................... 14 SEC. 3.2 SALARY ANNIVERSARY DATES................................................... 15 SEC. 3.3 INCREASES WITHIN SALARY RANGE ......................................... 15 SEC. 3.4 SALARY UPON PROMOTION ..................................................... 16 SEC. 3.5 SALARY ON DEMOTION............................................................. 16 SEC. 3.6 ACTING PAY, TEMPORARY UPGRADE PAY OR OUT-OFCLASS PAY................................................................................... 16 SEC. 3.7 PAY PERIODS .............................................................................. 17 RULE 4. APPLICATIONS, RECRUITMENT AND EXAMINATIONS........................ 18 SEC. 4.1 VACANCIES................................................................................. 18 SEC. 4.2 ANNOUNCEMENT OF VACANCIES/ACCEPTANCE OF
APPLICATIONS............................................................................ 18 Agenda Item #5.1.

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-iiSEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING....................................... 19 RULE 5. APPOINTMENTS .................................................................................... 23 SEC. 5.1 APPOINTMENT OF NEW EMPLOYEE......................................... 23 SEC. 5.2 PROVISIONAL APPOINTMENTS ................................................. 23 SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS ........................ 24 SEC. 5.4 REINSTATEMENT ........................................................................ 24 SEC. 5.5 TRANSFER ................................................................................... 24 SEC. 5.6 NEPOTISM................................................................................... 25 SEC. 5.7 CONSENSUAL ROMANTIC RELATIONSHIPS BETWEEN
EMPLOYEES. ............................................................................... 29 RULE 6. PROBATION........................................................................................... 30 SEC. 6.1 PROBATIONARY STATUS............................................................ 30 SEC. 6.2 PROBATIONARY PERIODS.......................................................... 30 SEC. 6.3 REGULAR STATUS....................................................................... 31 SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF
PROMOTED EMPLOYEES ........................................................... 31 RULE 7. PERFORMANCE REPORTS..................................................................... 31 SEC. 7.1 POLICY ........................................................................................ 31 SEC. 7.2 AUTHORITY TO MAKE REPORTS................................................ 32 SEC. 7.3 TIME FOR REPORTING................................................................ 32 SEC. 7.4 REVIEW WITH EMPLOYEE........................................................... 32 SEC. 7.5 DISTRIBUTION OF REPORTS ...................................................... 33 SEC. 7.6 PERFORMANCE RATINGS .......................................................... 33 SEC. 7.7 PERFORMANCE IMPROVEMENT PLAN...................................... 34 RULE 8. HOURS OF WORK/OVERTIME............................................................... 35 SEC. 8.1 POLICY ........................................................................................ 35 SEC. 8.2 WORK WEEK ............................................................................... 35 SEC. 8.3 DAILY HOURS OF WORK............................................................ 35 SEC. 8.4 CHANGE IN WORKING HOURS.................................................. 36 SEC. 8.5 OVERTIME ................................................................................... 36 Agenda Item #5.1.

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-iiiSEC. 8.6 REST BREAKS............................................................................... 36 SEC. 8.7 CONDUCT DURING THE WORKDAY ......................................... 37 RULE 9. LEAVES OF ABSENCE............................................................................ 37 SEC. 9.1 HOLIDAYS ................................................................................... 37 SEC. 9.2 VACATION................................................................................... 38 SEC. 9.3 SICK LEAVE.................................................................................. 39 SEC. 9.4 BEREAVEMENT LEAVE................................................................ 43 SEC. 9.5 MILITARY LEAVE.......................................................................... 43 SEC. 9.6 JURY DUTY .................................................................................. 43 SEC. 9.7 VOTING LEAVE............................................................................ 43 SEC. 9.8 ELECTION OFFICIAL LEAVE ....................................................... 44 SEC. 9.9 LACTATION BREAKS................................................................... 44 SEC. 9.10 UNPAID LEAVES OF ABSENCE................................................... 44 SEC. 9.11 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO RETURN FROM LEAVE ................................................................ 46 SEC. 9.12 EXECUTIVE LEAVE ...................................................................... 46 SEC. 9.13 VICTIM LEAVE.............................................................................. 47 SEC. 9.14 SCHOOL VISITATION LEAVE ...................................................... 47 SEC. 9.15 FITNESS FOR DUTY LEAVE. ........................................................ 47 RULE 10. FAMILY CARE AND MEDICAL LEAVE, PREGNANCY DISABILITY LEAVE, AND MILITARY FAMILY LEAVE POLICY..................................... 48 SEC. 10.1 POLICY ........................................................................................ 48 SEC. 10.2 FAMILY CARE AND MEDICAL LEAVE (FMLA/CFRA LEAVE)....... 49 SEC. 10.3 PREGNANCY DISABILITY LEAVE OR TRANSFER. ....................... 64 SEC. 10.4 MILITARY FMLA LEAVE................................................................ 68 SEC. 10.5 EMPLOYEE RESPONSIBILITIES AND DUTY TO
COOPERATE ............................................................................... 81 RULE 11. LAYOFF/SEPARATION/RETIREMENT .................................................... 81 SEC. 11.1 ELIMINATION OF POSITIONS .................................................... 81 SEC. 11.2 LAYOFF PROCEDURE ................................................................. 82 Agenda Item #5.1.

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-ivSEC. 11.3 RESIGNATIONS ........................................................................... 82 SEC. 11.4 TERMINATIONS........................................................................... 82 SEC. 11.5 EXIT INTERVIEW .......................................................................... 83 SEC. 11.6 BENEFITS AT SEPARATION......................................................... 83 RULE 12. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES/CONTRACTS AND CONFLICTS OF INTEREST/CODE OF ETHICS ............................. 83 SEC. 12.1 OUTSIDE EMPLOYMENT ............................................................ 83 SEC. 12.2 POLITICAL ACTIVITIES ................................................................ 85 SEC. 12.3 CONTRACTS AND CONFLICTS OF INTEREST........................... 85 SEC. 12.4 CODE OF ETHICS ....................................................................... 85 RULE 13. DISCIPLINARY ACTIONS........................................................................ 87 SEC. 13.1 CAUSES ....................................................................................... 87 SEC. 13.2 AUTHORITY FOR DISCIPLINARY ACTIONS ................................ 89 SEC. 13.3 TYPES OF DISCIPLINARY ACTION.............................................. 89 SEC. 13.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS............. 90 SEC. 13.5 ADMINISTRATIVE LEAVE WITH PAY ........................................... 94 SEC. 13.6 TIME EXTENSIONS...................................................................... 94 SEC. 13.7 DELIVERY OF NOTICES............................................................... 94 RULE 14. GRIEVANCE AND COMPLAINT PROCEDURE....................................... 95 SEC. 14.1 ESTABLISHMENT......................................................................... 95 SEC. 14.2 SCOPE OF PROCEDURES........................................................... 95 SEC. 14.3 DEFINITIONS............................................................................... 95 SEC. 14.4 COMPLAINT PROCEDURE.......................................................... 96 SEC. 14.5 GRIEVANCE PROCEDURE........................................................... 96 SEC. 14.6 GENERAL PROVISIONS............................................................... 98 RULE 15. POLICY AGAINST WORKPLACE VIOLENCE.......................................... 98 SEC. 15.1 OBJECTIVES................................................................................ 98 SEC. 15.2 THREATS OR ACTS OF VIOLENCE DEFINED............................. 99 SEC. 15.3 REPORTING WORKPLACE VIOLENCE...................................... 100 Agenda Item #5.1.

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-vSEC. 15.4 REPORTING POTENTIAL FUTURE WORKPLACE VIOLENCE ... 100 SEC. 15.5 VIOLATION OF RULE ................................................................ 100 RULE 16. POLICY AGAINST HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT........................................... 101 SEC. 16.1 GENERAL POLICY ..................................................................... 101 SEC. 16.2 PURPOSE OF POLICY................................................................ 101 SEC. 16.3 DEFINITION OF TERMS............................................................. 102 SEC. 16.4 REPORTING DISCRIMINATION, HARASSMENT,
RETALIATION, OR ABUSIVE CONDUCT................................... 105 SEC. 16.5 EMPLOYEE’S DUTY TO DISCLOSE BENEFITS RECEIVED ........ 109 SEC. 16.6 ADDITIONAL ENFORCEMENT INFORMATION ....................... 109 SEC. 16.7 TRAINING AND POLICY DISSEMINATION ............................... 110 RULE 17. DRUG FREE WORKPLACE ................................................................... 111 SEC. 17.1 PURPOSE................................................................................... 111 SEC. 17.2 APPLICABILITY........................................................................... 112 SEC. 17.3 RESPONSIBILITY........................................................................ 112 SEC. 17.4 DEFINITIONS............................................................................. 112 SEC. 17.5 POLICY ...................................................................................... 114 SEC. 17.6 ALCOHOL/DRUG TESTING OF EMPLOYEES ........................... 119 SEC. 17.7 CONSTITUTIONALITY ............................................................... 121 RULE 18. PERSONNEL FILES AND RECORDS..................................................... 121 SEC. 18.1 IN GENERAL .............................................................................. 121 RULE 19. POLICY ON THE USE OF ELECTRONIC COMMUNICATIONS ........... 123 SEC. 19.1 PURPOSE................................................................................... 123 SEC. 19.2 DEFINITIONS............................................................................. 124 SEC. 19.3 POLICY AND PROCEDURES ..................................................... 126 RULE 20. VEHICLE USE POLICY AND ACCIDENT REPORTING.......................... 137 SEC. 20.1 PURPOSE................................................................................... 137 SEC. 20.2 AUTHORIZED DRIVERS ............................................................. 138 SEC. 20.3 AUTHORIZED PASSENGERS..................................................... 138 Agenda Item #5.1.

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-viSEC. 20.4 APPROVED USERS .................................................................... 138 SEC. 20.5 SUPERVISORY RESPONSIBILITY................................................ 139 SEC. 20.6 VEHICLE OPERATOR RESPONSIBILITIES.................................. 139 SEC. 20.7 VEHICLE USE REQUIREMENTS ................................................. 140 SEC. 20.8 REQUIRED REPORTING OF ACCIDENTS/VIOLATIONS........... 143 SEC. 20.9 INSPECTION, SERVICE AND MAINTENANCE POLICY............. 143 SEC. 20.10 ELECTRONIC TRACKING TECHNOLOGY ................................ 144 RULE 21. PERSONAL TELEPHONE USE AND TEXT MESSAGING ...................... 145 RULE 22. EMPLOYEE REIMBURSEMENTS AND TRAVEL .................................... 145 SEC. 22.1 PURPOSE................................................................................... 145 SEC. 22.2 APPLICABILITY........................................................................... 146 SEC. 22.3 AUTHORIZED TRAVEL EXPENSES ............................................ 146 SEC. 22.4 STANDARD REIMBURSEMENT PROCEDURE........................... 148 SEC. 22.5 REIMBURSABLE EXPENSES....................................................... 150 RULE 23. CASH ADVANCES AND CREDIT CARD USE ....................................... 153 SEC. 23.1 CASH ADVANCES. .................................................................... 153 SEC. 23.2 CREDIT CARD USE. ................................................................... 154 SEC. 23.3 VIOLATION OF THE POLICY..................................................... 156 RULE 24. WHISTLE BLOWING POLICY ............................................................... 156 SEC. 24.1 DEFINITION OF “WHISTLE BLOWING” .................................... 156 SEC. 24.2 SCOPE OF POLICY.................................................................... 156 SEC. 24.3 PROCEDURE ............................................................................. 156 SEC. 24.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD
FAITH COMPLAINTS, REPORTS, OR INQUIRIES....................... 157 RULE 25. SOCIAL MEDIA POLICY SEC................................................................ 157 SEC. 25.1 PURPOSE................................................................................... 157 SEC. 25.2 DEFINITIONS............................................................................. 158 SEC. 25.3 GENERAL POLICY ..................................................................... 158 SEC. 25.4 GUIDELINES AND PROCEDURES ............................................. 159 Agenda Item #5.1.

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-viiRULE 26. INJURY AND ILLNESS PREVENTION PROGRAM................................. 169 SEC. 26.1 OVERVIEW................................................................................. 169 SEC. 26.2 THE PLAN .................................................................................. 170 SEC. 26.3 EMPLOYEE PROTECTION......................................................... 173 RULE 27. FRAUD PREVENTION AND DETECTION POLICY ............................... 173 SEC. 27.1 OVERVIEW................................................................................. 173 SEC. 27.2 THE PLAN .................................................................................. 173 RULE 28. VOLUNTEER & INTERNSHIP PROGRAM.............................................. 177 EMPLOYEE ACKNOWLEDGEMENTS............................................................................. i Agenda Item #5.1.

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RULE 1. GENERAL PROVISIONS
SEC. 1.1 PURPOSE
These Personnel Rules (“Rules”) contained within this Employee Handbook are intended to establish and maintain an efficient and uniform personnel program for the City of St. Helena (“City”).

SEC. 1.2 APPLICABILITY
The provisions of these Rules apply to all City employees, except those covered by St.

Helena Police Department Policy Manual or the St. Helena Fire Personnel Policy Manual.

These Rules do not apply to volunteers, interns, elected officials, or contract employees—unless any of the sections in the Employee Handbook specifically provides that it’s applicable to these positions or classifications. Temporary employees, including part-time and/or casual employees, are not eligible for any benefits beyond the hourly wage and any benefits required by applicable state or federal law and regulations, unless these Rules specifically state that a listed benefit is granted to temporary employees.

For employees covered by a separate Memorandum of Understanding Pre(“MOU”) or other formal, written agreement or compensation resolution, specific provisions of such other MOUs, agreements, or compensation resolutions shall supersede and take precedence over the Rules in this Handbook.

SEC. 1.3 NOT AN EMPLOYMENT CONTRACT
None of these Rules shall be deemed to create a vested contractual right, expressed or implied, for any employee.

SEC. 1.4 PRIOR POLICY REPEALED
The terms and provisions of these Rules prevail over the terms and provisions of any prior City Personnel system rule, resolution, regulation, and/or policy governing the personnel program, and such prior personnel program rules, resolutions, regulations, and/or policies are hereby repealed, including, but not limited to, the Employee Handbook adopted by the City Council by adoption of Resolution 90-4 and amended by subsequent Resolutions.

SEC. 1.5 DELEGATION OF AUTHORITY
Except as otherwise provided, any duties, responsibilities, powers, and authority granted by the Rules to the City Manager, Appointing Authority, Human Resources & Information Technology Director (“HR”), Department Head, or any other person may be delegated, in writing, to another designee at the discretion of the delegating individual.

Agenda Item #5.1.

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SEC. 1.6 AMENDMENT OF RULES
The City shall have authority to adopt, amend, or repeal these Rules. The City Manager shall have authority to prepare and recommend revisions to the Rules to the City Council.

SEC. 1.7 TERM OF PERSONNEL SYSTEM RULES
These Rules shall take effect when adopted by the City Council of the City. This Employee Handbook shall remain in effect unless repealed, in whole or in part, by the City Council. The City Council may in its sole discretion add to, delete, or otherwise modify these Rules, subject to the following paragraph.

Prior to amendment of these Rules, the City Manager shall comply with applicable requirements of the Meyers-Milias-Brown Act (Government Code Section 3500, et. seq.).

SEC. 1.8 VIOLATION OF RULES
Violation of the provisions of these Rules shall constitute grounds for disciplinary action.

A violation shall not make disciplinary action mandatory but shall be given such weight as is appropriate in view of all the circumstances.

SEC. 1.9 EMPLOYEE RESPONSIBILITY
It shall be the responsibility of each employee to become aware and be knowledgeable of these Rules.

SEC. 1.10 CONFLICTS
Administrative and/or Department Policies and Procedures The City Manager or individual City Department Heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe, and orderly administration of the City or department. However, no such policies or procedures shall conflict with or supersede these Rules, other City Council resolutions and ordinances, or existing laws, and shall be approved by the City Manager before their implementation.

Copies of department policies and procedures must be distributed to each employee of the department. In the event of a conflict between an administrative or departmental policy or procedure, the provisions of these personnel system Rules shall control. As stated in Section 1.2, these Rules do not apply to employees covered by the St. Helena Police Department Policy Manual or the St. Helena Fire Personnel Fire Manual.

Agenda Item #5.1.

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SEC. 1.11 DISTRIBUTION OF PERSONNEL POLICIES
A copy of these Rules shall be posted on the City’s website. Each City employee and recognized employee organization shall be informed about the Rules and where to find them. Copies also shall be available in the Human Resources Department. An employee with questions about these Rules may direct them to their immediate supervisor, the Department Head, or to Human Resources.

SEC. 1.12 SEVERABILITY
If any provision, or the application(s) of any provision of these Rules, as implemented, are rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provision of these Rules shall remain in full force and effect. Nothing in these Rules shall be construed to deny any person or employee the rights granted by federal and state law. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by these regulations.

SEC. 1.13 CHANGES TO THE LAW
When any local, state, or federal ordinance, regulation, or law that is incorporated in the Rules or upon which the Rules rely is amended, the Rules shall be deemed amended in conformance with those amendments.

SEC. 1.14 DEFINITION OF TERMS
A. General Definition.

All words and terms used in these Rules and in any resolution or ordinance dealing with personnel policies, system, or procedures shall be defined as they are normally and generally defined in the field of personnel administration unless a specific definition is provided for herein.

B. Specific Definitions.

1. Acting Appointment (also known as Temporary Upgrade Pay or Out-of-Class Pay). An appointment to temporarily perform the duties of a higher position. The person filling this position must meet the minimum standards or qualifications of the position.

Acting appointments are held on an at-will basis by current City employees.

2. Advancement. A salary increase within the limits of a pay range established for a class.

3. Allocation. The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.

Agenda Item #5.1.

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4. Anniversary Date. The date upon which a person is appointed to a position or as modified according to these Rules. The date determines eligibility for a salary step increase except as modified according to these Rules.

5. Applicant. Any person submitting a formal completed application for employment with the City.

6. Appointing Authority. Consistent with the requirements, and subject to the exceptions of the St, Helena Municipal Code, the City Manager or their designee is the Appointing Authority for City employees. The City Council shall appoint the City Manager, the City Attorney, and the Fire Chief.

7. Appointment. The offer to, and acceptance by, an individual for a position in the competitive service.

8. At-will Executive Management Employee. An employee who serves at the will of the City Manager and who has responsibility for formulating, administering, and/or managing City policies and programs. In the City, this would typically be department heads.

9. Average Work Day (for part-time employees only). An Average Work Day refers to the average number of hours actually worked per work day, considering a five (5) day work week. This applies to parttime employees only. In any case for which the time period to be considered is twelve (12) calendar months, the average work day is the number of hours worked in the preceding twelve (12) months, divided by two thousand eighty (2080), and then multiplied by eight (8).

10. City. The City of St. Helena, California.

11. City Council. The City Council of the City of St. Helena, California.

12. City Manager. The City Manager of the City of St. Helena, California, or their designee.

13. City Service. All positions in all departments and agencies of the City that are subject to control and regulation by the City of St.

Helena.

14. Class. The grouping together of those positions similar in duties, authority, responsibility, and ability. Each class shall be assigned a separate class title.

Agenda Item #5.1.

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15. Class Specification. The official description of a class including: (1) the title, (2) a definition, (3) a statement of the duties and responsibilities, and (4) the employment standards, such as education, experience, knowledge, and skills and abilities which may be required of applicants.

16. Classification. The action of assigning a position to a class, that is, a particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or compensation may fairly be made to apply.

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

18. Compensatory Time Off. As provided for by the Fair Labor Standards Act, time off from work in lieu of monetary payment for overtime work.

19. Competitive Service. All positions of employment in the service of the City except those excluded by the employee handbook.

20. Confidential Employee. An employee, who in the course of their duties, has access to confidential information relating to the City’s administration of employer-employee relations. This definition shall also include those bargaining unit covered employees, who in the course of their duties, have access to confidential information relating to the City’s administration of employer-employee relations and are consequently excludable from holding a bargaining unit office and/or divulging confidential employer information to any bargaining units. This access may include instances of an occasional but critical nature or due to the employee whose position requires the incumbent to provide direct administrative support to a manager who has such access.

21. Continuous Service. Length of uninterrupted employment (including holidays and authorized paid or unpaid leave, but not including other periods of leave without pay or times on suspension, in a regular position) that is measured from the effective date of appointment until separation.

22. Contract Employees. Those individuals employed by the City pursuant to the terms of an individual employment contract that sets forth terms and conditions of employment. Contract employees are Agenda Item #5.1.

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at-will employees, are not part of the Competitive Service, and may be terminated without cause and without right to appeal.

23. Day or Days. Calendar days unless otherwise stated.

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

25. Department Head. The individuals designated as the administrative head of a City department. A member of the managerial staff of the City, consisting of the City Manager, the Fire Chief, the Police Chief, the Director of Public Works, the Planning Director, the Library Director, the Recreation Director, and the Finance Director.

26. Disciplinary Action. The discharge, demotion, reduction in pay, or suspension of a regular or management employee for punitive reasons.

27. Domestic Partner. A person who has filed a Declaration of Domestic Partnership with the California Secretary of State pursuant to California Family Code section 297 et. seq.

28. Employee. A person who is legally occupying a position in the City’s service, other than an independent contractor.

29. Eligibility List. The list which contains the names of successful applicants according to relative performance on the total weighted examinations.

30. Exempt Employees. Employees whose duties and responsibilities allow them to be “exempt” from overtime pay provisions as provided by the Fair Labor Standards Act (FLSA) and any applicable state laws.

31. Full-Time Employees. Employees who are regularly scheduled to work 40 or more hours per week. All Positions shall be full-time unless otherwise designated, or unless the compensation is fixed upon the basis of part-time work.

32. Human Resources or HR. The Human Resources Director & Information Technology Director of the City of St. Helena, California, or their designee.

33. Internal Recruitment. A recruitment for a particular position that is open to regular and probationary employees only.

Agenda Item #5.1.

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34. Lay-Off. The separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes.

35. Management. Those employees holding the position of Department Director or higher.

36. Memorandum of Understanding (MOU). An Agreement reached as a result of meeting and conferring on hours, wages, and working conditions in accordance with California law and City ordinances, resolutions, and rules.

37. Mid-Manager/Mid-Management Employee. An employee whose position is just below the Department Heads or City Manager and is responsible for managing a distinct responsibility area. MidManagers are in regular City service and are not at-will.

38. Minimum Qualifications. The minimum requirements for an applicant to be considered for a particular City position, which vary according to the position sought.

39. Non-exempt Employees. Employees who hold positions that, by the nature of the job requirements or the salary earned, is entitled to earn compensation at an overtime rate. Non-exempt status is based on applicable law, including, but not limited to the federal Fair Labor Standards Act ("FLSA").

40. Open-Competitive Recruitment. A recruitment for a particular position that is open to all interested applicants.

41. Overtime. As defined by the Fair Labor Standards Act.

42. Part-Time Employees. Employees who are regularly scheduled to work fewer than forty (40) hours per week.

43. Position. A specific office or employment provided by the budget, whether occupied or vacant of limited term or regular term, and requiring the performance of certain duties and responsibilities assigned or delegated by the Appointing Authority.

44. Probationary Period. A period to be considered an integral part of the examination, recruiting, testing, and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position, and during which an employee may be rejected from the position without cause and without right of appeal.

Agenda Item #5.1.

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45. Promotion. The movement of an employee from a position in one class to a vacant position in another class having a higher maximum base rate of pay.

46. Provisional Appointment. An appointment of a person who is not a current employee and who possesses the minimum qualifications established for a particular class due to the absence of available eligible candidates.

47. Reclassification. Modification of job title and corresponding salary range adjustment supported by an appropriate classification analysis prepared under the direction of HR, which identifies a change in level of difficulty, job requirements, or job responsibilities between the existing job description and actual job duties.

48. Reduction in Pay. A temporary or permanent decrease in an employee's rate of pay for disciplinary reasons.

49. Reemployment. The restoration of a former regular employee to a classification in which the employee formerly served as a regular non-probationary employee prior to being laid off from the City.

50. Reemployment List. A list of names of regular employees who have been laid off from a position.

51. Regular Employee. An employee in a full-time position within the competitive service who has successfully completed the
probationary period and has been retained as hereafter provided in these Rules.

52. Regular Position. A full-time budgeted position of indefinite duration to be filled by a Regular Employee.

53. Reinstatement. The restoration without examination of a former employee or probationary employee to a classification in which the employee formerly served.

54. Rejection. The involuntary separation from the City service of an employee who has not successfully completed the probationary period for a position, or the demotion of an employee who did not successfully complete the employee's promotional probationary period.

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

Agenda Item #5.1.

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56. Salary Range. The range of salary rates for a class; the classifications may be paid on an hourly or salaried basis, as applicable, and the term “salary” is utilized as a general term for cash compensation paid either an hourly or salaried basis.

57. Salary Rate. The dollar amount of each step in a salary range, or the flat dollar amount for a class not having a salary range.

58. Salary Step. The minimum through maximum salary increments of a salary range.

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

60. Standby. A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This normally includes either remaining at their home telephone or otherwise arranging for the immediate and convenient notification of an emergency condition and being prepared to timely report to the site of the work assigned.

61. Supervisor. The mid-management staff of the City, including the designated assistant to a Department Head or the head of a subdepartment or a division of a department.

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

63. Temporary Employee. An employee who is appointed for a limited period of time for a specified, limited purpose. A temporary employee is generally classified as a casual worker, and is given a working title, but is not appointed to a position.

64. Termination. Separation from City employment for disciplinary reasons or as a result of rejection during a probationary period.

65. Transfer. The movement of an employee from one position to another vacant position in the same class or to a vacant position in another class with the same maximum base rate of pay that has similar job duties and qualifications.

66. Vacancy. An unfilled authorized position in the City employment.

67. Work Day. (1) One calendar day during which an employee is normally scheduled to work; if the employee is engaged in shift work that begins on one calendar day and ends on the following day, only Agenda Item #5.1.

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one work day is denoted. (2) The number of hours of work contained in a calendar day for a given employee.

SEC. 1.15 NON-DISCRIMINATION
A. Equal Employment Opportunity.

The City is committed to a policy of equal opportunities for applicants and employees.

The City does not discriminate against applicants or employees (including interns, volunteers, and contractors, regardless of their classifications), with respect to terms or conditions of employment based on race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military and veteran status, and/or any other category protected by federal and/or state law, nor does the City discriminate against applicants or employees (including interns, volunteers, and contractors, regardless of their classifications) who are perceived to have such characteristics or who associate with an individual having such characteristics. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants.

B. Disabled Applicants and Employees.

Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate against disabled employees or applicants.

The City will engage in the interactive process, as defined by the Americans with Disabilities Act (“ADA”) and the Fair Employment and Housing Act (“FEHA”), to determine whether an applicant or employee is able to perform the essential functions of their position. During this process, the City will examine possible reasonable accommodations that will make it possible for the employee or applicant to so perform.

1. Request for Accommodation. An applicant or employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Department. The request must identify: (1) the jobrelated functions at issue; and (2) the desired accommodation(s).

Reasonable accommodation can include, but is not limited to, job restructuring, reassignment to a vacant position for which the employee is qualified, leaves of absence, and making facilities accessible.

2. Reasonable Documentation of Disability. Following receipt of the request, the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the employee’s ability to perform their essential functions, but will not require disclosure of diagnosis or genetic history.

Agenda Item #5.1.

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3. Interactive Process. The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of their position. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process may include a meeting with the employee or applicant, the City, and will typically include information from the employee’s or applicant’s health care provider.

4. Case-by-Case Determination. The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law.

5. Fitness for Duty Leave. While the City is engaged in the interactive process with an employee, the City may require that the employee be placed on a fitness for duty leave.

6. Medical Examinations.

Following a conditional offer of employment, prospective employees in a designated classification could be required to complete a post-offer, pre-employment medical examination. The City may require that employees take a psychological and/or a medical examination, as it deems necessary in order to determine employees to be mentally and physically capable of performing the essential functions of the job.

Conditional offers of employment are made contingent upon passing this medical examination; however, the City will make reasonable accommodations to the special needs of any disabled individual as required by law. A licensed health care provider chosen by the City will perform such examination without cost to the prospective employee. The prospective employee will be required to complete a medical history questionnaire and a medical records release as necessary to facilitate the examination.

The health care provider will indicate the employee’s fitness for employment on the examination form. In the event the examination is not completed prior to the employee’s scheduled start date, only a temporary appointment may be made.

Probationary appointment will be contingent on a satisfactory examination.

Depending on the essential functions of a position, a medical examination may be required for:
(a) Applicants who have received a conditional offer of employment;
(b) Employees seeking a transfer from one position requiring general physical abilities to another position requiring physical abilities of a specific and different nature;
Agenda Item #5.1.

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(c) Employees returning to work from a medical leave of absence, subject to any restrictions imposed by the California Family Rights Act. The physician conducting the medical examination will be supplied with a current job description indicating the essential functions of the position; or
(d) When a supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, response to criticism, interactions with the public, co-workers, and supervisors.

The results of all medical examinations will be kept confidential. Examination results for newly hired employees and employees transferring to another position will be kept in the employee’s confidential medical file. No employee will hold any position in which the employee is not able to perform the essential functions of the job, with or without reasonable accommodation.

7. Prevention of Harassment/ Discrimination/Retaliation.

City policy prohibits harassment and discrimination based on an employee’s race, color, ancestry, national or geographical origin, ethnicity, sex, gender, sexual orientation, gender identity, gender expression, age, religious or political affiliation or belief, creed, physical or mental disability, medical condition, genetic information, marital or registered domestic partner status, membership in or attitude toward any employee organization, military or veteran status, and/or any other category protected by federal and/or state law. In addition, City policy prohibits retaliation because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment or because of the employee’s participation in an employment investigation, proceeding, or hearing.

Employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct to their own supervisor, any City Supervisor or Department Head, or the Human Resources Department and the City will investigate those complaints. For more information regarding the policy and complaint procedures, employees should review the City’s policy against harassment, discrimination, and retaliation under Rule 16 of the Handbook.

RULE 2. CLASSIFICATIONS
A. The Human Resources Department, with the assistance of the Department Head, will prepare written job descriptions for each class of positions.

B. Each job description will include the class title, a brief description of the scope, nature, and responsibility of the class, and a description of the tasks Agenda Item #5.1.

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or duties ordinarily performed in the positions allocated to the class which includes a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Job descriptions are not restrictive. While job descriptions will include essential functions of positions, they shall not be construed as an all-inclusive list of tasks performed; or be interpreted as restricting the assignment of related tasks not specifically listed therein; or as limiting the authority of supervisory personnel to assign, direct, and control the work of subordinate employees. A supervisor may assign other related duties and responsibilities or otherwise direct the work of employees.

C. Substantive revisions to job descriptions that are associated with substantive changes to the duties performed by a particular class shall be subject to approval by the City Council. Non-substantive changes, such as to reflect previous, gradual changes to the conditions in which work is currently performed or to improve accuracy in describing the class or position title or non-substantive details associated with job duties already performed, may be approved administratively by the City Manager and are not subject to approval by the City Council.

D. Each job description will identify the date of approval or last revision.

E. The City Manager shall ascertain and record the duties and responsibilities of all positions in the City and shall prepare a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specification, including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority and character of work are included within the same class.

F. The City’s classification plan is continually reviewed, based on the job analysis, and utilized for decision making on compensation, selection, employee development, career advancement, and other personnel activities. The City Manager shall ascertain and record the duties and responsibilities of all positions in competitive service and prepare a classification for such positions.

G. Each position shall be allocated to the appropriate class in accordance with the character, difficulty, and responsibility of its assigned duties.

Positions in a single class shall be sufficiently similar to permit substantially the same level of skill, knowledge, ability, and other qualifications required of incumbents, same or similar selection method to select incumbents, and the same schedule of compensation.

Agenda Item #5.1.

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H. The City Manager shall prepare the proper assignment of any new positions to a class in the classification plan or, when appropriate, create a new class. When a new position is created and is classified before it is occupied, the position shall be subject to review by the City Manager after it is occupied to determine if the incumbent is performing the duties of the class.

I. The reclassification plan may be amended from time to time. The assigned duties of positions that have been materially changed by the City so as to necessitate reclassification, whether new or already created, shall be allocated by the City Manager to a more appropriate class. Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to affect a change in salary in the absence of a significant change in assigned duties and responsibilities. During the process of consideration of the impacts of such amendments, recognized employee organization(s) affected shall be notified as required by the Meyers-Milias-Brown Act (Government Code Section 3500 et. seq.).

J. The City Manager may approve the relocation of a position to a different class or approve the creation of a new class whenever the duties of the position change materially. This may occur upon the recommendation of the Department Head or upon the request of an employee and with concurrence of the Department Head. When any change is made within a Department that significantly affects the duties and responsibilities of any position, the Appointing Authority shall report these facts in writing to the Human Resources Department. The Human Resources Department may study the allocation of any position in the classification plan and make recommendations to the City Manager for a change in class or the allocation to a more appropriate class. The Department Head shall be consulted before a classification study begins in their department.

RULE 3. COMPENSATION
SEC. 3.1 SALARY ON APPOINTMENT
A. New Employees. New employees shall be paid at the first step of the salary range (i.e. Step A) for the position to which the employee is appointed except as provided for elsewhere in these Rules.

B. Advanced Step Hiring. The City Manager may appoint a new employee to an advanced step of the pay range if it is determined that qualified applicants cannot be successfully recruited at the first step of the salary range.

C. Reemployment. A person who previously held a position with the City and was in good standing may, at the discretion of the City Manager, when Agenda Item #5.1.

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reemployed in a position with the same or lower pay range than held at separation, be appointed at the same salary rate which was paid at the effective date of the person’s termination, or the nearest lower applicable step for the range to which the person is appointed.

D. Salary Schedule. Salaries paid and any special compensation shall be in accordance with these Rules and the most recent applicable Salary Resolution adopted by the City Council and any amendments thereto.

Such Resolutions are hereby incorporated as part of these Rules and are available from the City Clerk.

E. Temporary Employees and Special Salaries. Salaries for temporary employees and special salaries and incentive payments shall be in accordance with a Salary Resolution adopted by the City Council or as set forth in the applicable Municipal Code.

F. Hourly Rates. Where any bi-weekly pay rate is to be converted to a salary hourly equivalent, the bi-weekly rate of pay shall be divided by 80 to determine the hourly rate. Daily rates are equivalent to the appropriate hourly rate multiplied by eight hours.

SEC. 3.2 SALARY ANNIVERSARY DATES
Employees shall have a salary anniversary date of their date of hire. Employees who have been promoted or demoted since their date of hire shall have a salary anniversary date of their date of promotion or demotion, as applicable. The salary anniversary date may be modified by the action of the Appointing Authority.

SEC. 3.3 INCREASES WITHIN SALARY RANGE
Employees will normally become eligible for an adjustment in pay after having served satisfactorily for the designated qualifying period and after a performance report evaluation--typically six (6) months of service in the first or starting step. The adjustment shall be made only if recommended by the employee’s supervisor, and if approved by the City Manager. The remaining steps are incentive adjustments, based on performance evaluation, to encourage an employee to perform at their highest level, and to recognize seniority and increased skill on the job. Employees are normally eligible for these adjustments any time after the completion of six (6) months of service at the preceding step, until step D, at which time the qualifying period to become eligible for Step E is the completion of twelve (12) months of service at the preceding step. This period may be shortened or extended in conjunction with the performance report recommendations and as approved by the City Manager.

In general, an employee becomes eligible for the next higher step based on the following schedule:
• Six (6) months at Step A to become eligible for Step B; Agenda Item #5.1.

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• Six (6) months at Step B to become eligible for Step C; • Six (6) months at Step C to become eligible for Step D; • Twelve (12) months at Step D to become eligible for Step E.

Other regular employees may be granted a step increase after having served for the designated qualifying period and after a performance evaluation finding that the employee’s performance was not less than satisfactory.

In unusual cases, upon recommendation of the Department Head, where special ability or aptitude is demonstrated, the Manager may approve advancement of an employee to a higher step before completion of the normal qualifying period.

SEC. 3.4 SALARY UPON PROMOTION
Except in instances where the granting of a full step increase would result in a salary in excess of the top step of the salary range, any employee who is promoted to a position in a class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of 5% over their prior step. If the maximum of the range would be exceeded by such advancement, the employee shall receive the top step of the range. An employee thus promoted is assigned to a new salary anniversary date effective on the date of promotion.

SEC. 3.5 SALARY ON DEMOTION
Any employee who is demoted to a position in a class with a lower salary range shall have their salary reduced to a salary step in the range for the lower class which is:

A. If a disciplinary demotion, one or more steps less than that received in the salary range for the class from which the employee is demoted. A new salary anniversary date shall be established on the basis of the demotion.

B. If a non-disciplinary demotion, the step the employee would have attained in that lower class if their services had been continuous in the said lower class with the same level of performance and length of service. The employee shall retain their salary anniversary date.

SEC. 3.6 ACTING PAY, TEMPORARY UPGRADE PAY OR OUT-OF-CLASS PAY
A. Acting Pay/Temporary Upgrade Pay.

An employee may be required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned. The City Manager has the discretion to provide such an employee with additional pay, up to ten percent (10%) of the employee’s current base rate of pay, during the acting period, provided the following classifications are met:

Agenda Item #5.1.

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1. The employee shall possess the minimum qualifications for the higher class, and perform all the duties and assume the assigned additional responsibilities of the higher Class, and

2. The acting appointment is made in writing.

This additional pay is provided at the City Manager’s sole discretion and must be preapproved in writing.

Whether the additional pay is reportable compensation for retirement purposes shall be subjected to applicable laws and regulations. Under current CalPERS rules and regulations, any additional pay for performing partial duties of the higher class shall not be reportable special compensation.

B. Out-of-class Pay.

An employee may be temporarily assigned to perform substantial functions of a higher classification for at least a period of one month (1) but may not perform those additional duties on a full-time basis (2) and/or the employee assigned to the position normally responsible for the duties is not absent.

The City Manager has the discretion to provide an increase of up to ten percent (10%) of the employee’s current base rate of pay, effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases.

This additional pay is provided at the City Manager’s sole discretion and must be preapproved in writing.

Whether the additional pay is reportable compensation for retirement purposes shall be subjected to applicable laws and regulations. Under current CalPERS rules and regulations, any additional pay for performing partial duties of the higher class shall not be reportable special compensation.

Acting Pay, Temporary Upgrade Pay and Out-of-Class Pay shall be reported in accordance with the requirements of Government Code Section 20480.

C. Reporting Time Worked.

Non-exempt employees are responsible for reporting on a City form all hours worked and leave taken during the pay period, and these employees are responsible for securing approval of their immediate supervisor on the City form, indicating approval of all the hours submitted.

SEC. 3.7 PAY PERIODS
A. The salaries and wages of all employees are paid bi-weekly, generally on Friday following the end of the pay period.

Agenda Item #5.1.

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B. The City Manager retains discretion to change the timing of future pay periods. Should the City Manager decide to implement this change, employees will receive written notice of the intended change before the next pay day.

C. In the event a pay day falls on one of the holidays listed in these rules, the immediately previous working day shall become the pay day.

RULE 4. APPLICATIONS, RECRUITMENT AND EXAMINATIONS
SEC. 4.1 VACANCIES
A. Vacant regular positions, as defined above, may be filled only by selection from an eligibility list, by acting or provisional appointment, by transfer, by reinstatement, or by demotion. Selection of employees for positions is made by the City Manager after considering recommendations from the Department Head.

B. When a position becomes vacant, the City Manager shall be notified by the supervisor responsible for the position regarding the need to fill the vacancy, and the requested method for filling the vacancy.

C. Announcements of all vacant positions will be publicly posted through online or on City bulletin boards at the discretion of the Human Resources Department or the City Manager.

D. Appointing Authority.

1. Appointment of temporary and part-time employees shall be by the Department Head with the approval of the City Manager.

2. Appointment of full-time employees shall be by the City Manager.

3. Appointment of Department Heads shall be by the City Manager in accordance with applicable provisions of the Municipal Code.

SEC. 4.2 ANNOUNCEMENT OF VACANCIES/ACCEPTANCE OF

APPLICATIONS
A. If a continuing need for the position exists, the City Manager will determine whether to conduct an initial internal recruitment or proceed directly to an open-competitive recruitment.

B. The City Manager may conduct an internal recruitment when he or she determines, in their sole discretion, that doing so is in the best interest of the City.

Agenda Item #5.1.

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C. If the position will be filled by open-competitive recruitment, then the City Manager (or the City Manager’s designated individual) will publicly advertise the position by a written announcement setting forth the basic requirements for the job, a closing date for acceptance of applications, and information where applications and the job description can be obtained.

D. If the City Manager determines that an initial internal recruitment will be conducted, then the City Manager will limit all initial advertisement for the position to current employees only and will initiate the examination process, ending with an interview with the responsible supervisor.

E. The City Manager in their discretion may designate the internal recruitment as a “Promotional Recruitment.” An internal Promotional Recruitment will only be open to current employees for which the open position would be a promotion.

F. As part of an initial screening process, employees who achieved a rating of “Does Not Meet Expectations” on their most recent performance report will be disqualified from further consideration at the first step of the internal recruitment.

G. Following completion of the interview process for internal applicants and scoring of candidates, the supervisor will provide the City Manager with a written recommendation, as follows:

1. The internal eligibility list should be used to extend a conditional offer of employment; or

2. Cause exists as set forth in Section 4.3 to abolish the internal eligibility list and proceed with an open-competitive recruitment for which any prior internal candidates may re-apply.

H. If in the City Manager’s sole discretion, the City Manager finds cause to abolish the internal eligibility list, the affected applicants will receive written notice of this action and of the opportunity to re-apply in connection with the open-competitive recruitment.

I. For all recruitments, applications will be available in the Human Resources office of and online through the City’s website. Applications will be collected by Human Resources until the closing date specified in the announcement for acceptance of applications.

SEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING
Following the closing date for applications, and completion of the examination process, an eligibility list shall be created.

Agenda Item #5.1.

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A. Criminal Conviction History.

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

2. Unless otherwise required by law, the City shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, until the City has made a conditional offer to the applicant.

B. Examination Process and Background Screening.

1. Examinations shall be conducted and used to aid in the selection of qualified employees. They shall consist of recognized selection techniques that will fairly test the qualifications of candidates and shall be job-related. Examinations may include, but are not limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination thereof. The City Manager or designee may set minimum standards for all tests.

2. Classifications designated by the City shall have their fingerprints submitted for clearance through the California Department of Justice and other agencies as deemed appropriate. Fingerprints will be submitted using the “LiveScan” process and in accordance with applicable state, federal, and local laws regarding the LiveScan process.

3. The City also retains the right to conduct a thorough background check of each applicant. When conducting background checks on applicants, the City shall comply with all requirements of the Federal Fair Credit Reporting Act and the California Investigative Consumer Reporting Agencies Act.

4. Upon scoring of all selection components, the names of applicants will be placed on eligibility lists, ranked according to scores.

5. In case of tied scores, the following rules shall apply:
(a) For purposes of placement on the eligibility list, if an applicant who has a tied score is a veteran, as that term is defined Agenda Item #5.1.

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in Section 50088 of the California Government Code, or as may be amended, the tie will be broken in favor of the veteran, such that the veteran will be placed at a higher position than the non-veteran. (b) All other candidates with tied scores shall be listed in alphabetical order.

C. Duration of Eligibility Lists.

1. Eligibility lists shall become effective upon the City Manager’s certification that the lists represent the relative evaluations of the candidates whose names appear on them.

2. Unless otherwise provided in these Rules, eligibility lists shall be effective for a period of one (1) year from the date of their establishment, provided that the City Manager may extend the period not to exceed an additional twelve (12) months. The City Manager may abolish for cause an eligibility list at any time and request a new recruitment and the preparation of a new eligibility list for any class or position. Two (2) or fewer names of qualified candidates available for appointment on an eligibility list constitute sufficient cause for abolishing an eligibility list, but it is not the sole reason constituting cause.

D. Removal of Names from Eligibility Lists.

1. The City Manager may remove the name of any eligible candidate from an eligibility list for any of the following reasons:
(a) On evidence that the eligible candidate cannot be located by postal authorities:

Failure to reply within five (5) business days to a letter requesting information as to availability for appointment, or failure to notify the Human Resources Department of any change of address resulting in the return of letters without forwarding by the U.S. Post Office, will be considered grounds for removal. A candidate who is notified of their removal under this section may request in writing that the City Manager restore their name to the eligibility list. Such a request may be granted if, in the City Manager’s sole discretion, an acceptable reason exists for the candidate’s failure to reply to a notice requesting availability for appointment or failure to file a notice of a changed address.

Upon receipt of a verbal or written statement from the eligible candidate declining appointment and stating that the employee wishes their name to be removed from the eligibility list.
(b) If an offer of regular full-time employment in the class for which the eligibility list was established has been declined by the eligible candidate.

Agenda Item #5.1.

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(c) If an eligible candidate on a promotional eligibility list leaves the City service.
(d) After a determination has been made by the City Manager that the candidate does not meet job-related standards.

E. Availability of Candidates. It shall be the responsibility of eligible candidates to notify the City in writing of any change of address or other change affecting availability for consideration for appointment.

F. Disqualification based on Criminal Conviction History.

1. If a background screening discloses a previous criminal conviction, the City Manager will make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship of the job that justify denying the applicant the position.

In making the individualized assessment, the City Manager will take into account a number of factors in determining whether to disqualify the applicant or rescind a conditional offer, if any. Such factors may include the nature of the position, nature and gravity of the conviction, length of time since conviction, and completion of any resulting incarceration or probation.

2. If the City Manager disqualifies the candidate based on the conviction history, the City will provide written notification along with a copy of the criminal history report, if any. In the City’s written notice, an explanation of the applicant’s right to respond to the notice of the City’s preliminary decision before the decision becomes final and the deadline by which to respond will be included. In the notice, the City will also inform the applicant that the applicant’s response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both.

3. The applicant shall have at least five (5) business days to respond to the City’s notice before the City makes a final decision. If, within the five (5) business days, the applicant notifies the City in writing that the applicant disputes the accuracy of the conviction history report that was the basis for the preliminary decision to possibly rescind the offer and that the applicant is taking specific steps to obtain evidence supporting that assertion, the applicant shall have five (5) additional business days to respond to the notice.

4. If the City, upon reviewing the applicant’s response, makes a final decision of disqualification, the City shall notify the applicant its final decision in writing.

Agenda Item #5.1.

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G. Conditional Offer of Employment.

All job applicants are required to submit to a physician’s examination, and depending on the Position, may also be required to submit to a drug screen, at the City’s expense, upon being made a conditional offer of employment. No job commitment shall be made until a negative drug screen result is obtained, where applicable, and a physician has certified that the applicant is medically fit to perform the essential functions of the Position, with or without reasonable accommodation. When the applicant reports to the medical facility for the scheduled examination, personal identification shall be provided to the facility in the form of a photograph and verifiable signature (for example, a driver’s license). All test results will be kept confidential. The applicant will be told whether the tests were passed or failed, but only the City Manager, the Human Resources Director, and their designee(s) will have access to the test results, on a needto-know basis.

H. Employment Oath.

1. All employees of the City must complete and sign the Oath or Affirmation of Allegiance for Public Officers and Employees on the first day of employment or as soon thereafter as practicable in accordance with Section 3 of the Constitution of the State of California.

2. A signed copy will be included in the employee’s personnel file.

RULE 5. APPOINTMENTS
SEC. 5.1 APPOINTMENT OF NEW EMPLOYEE
The hire date of a new employee shall be that of the first day actually worked.

SEC. 5.2 PROVISIONAL APPOINTMENTS
A. It shall be the policy of the City to require all supervisors and other appointing authorities, whenever possible, to notify the City Manager of impending or anticipated vacancies in their departments sufficiently in advance so as to allow for the establishment of an appropriate eligibility list. However, when the demands of the services are such that it is not practicable to give such notification and if it is not practicable to delay appointment until a new eligibility list can be certified, the Appointing Authority may make a provisional appointment to the position. As soon as practicable, but not longer than six (6) months after a provisional appointment has been made, the City Manager may cause an examination to be prepared, and all positions filled provisionally shall be filled by an appointment from an eligibility list. Provisional appointments are not intended to be long-term and shall not exceed a total of six (6) months.

Agenda Item #5.1.

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B. A person appointed to a position on a provisional basis shall not be entitled to credit for the time served under the provisional appointment toward the completion of their probationary period and shall be entitled to the same salary and other benefits as an applicant appointed from an eligibility list except that the employee may not be employed under the provisional appointment for longer than the period authorized herein.

C. No preference shall be allowed in any examination or the establishment of any eligibility lists for a position for an applicant who rendered service in that position under a provisional appointment.

SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS
An acting appointment may be made of a current employee to a higher class or position occupied by a person on temporary leave or disability. Upon the return of the incumbent from leave or disability, the acting appointment shall be immediately terminated, and the appointee shall resume the duties and receive the compensation and privileges as if the employee had continued their duties in their previous classification.

SEC. 5.4 REINSTATEMENT
The City Manager may reinstate any person who has resigned in good standing, provided that such reinstatement is accomplished within one (1) year of the date of resignation, or as otherwise required by law. Such reinstatement action may, at the discretion of the City Manager, take precedence over any eligibility list except a reemployment list. Any person so reinstated shall be subject to a new probationary period of the same length as established for new appointees to a position in the class, unless excused by the City Manager.

SEC. 5.5 TRANSFER
A. The City Manager may institute a voluntary or involuntary transfer of an employee from one position to another vacant position in the same class or to a vacant position in a comparable class at the same salary level.

B. An employee who has achieved a rating other than “Does Not Meet Expectations” on their most recent performance evaluation may initiate a request for voluntary transfer to an available position in the same Class for which a recruitment has not yet opened, and for which the employee meets the minimum qualifications, by submitting a request in writing to the supervisor. The supervisor will issue a written recommendation to the City Manager as to whether to proceed with an internal recruitment or open-competitive recruitment, or to exercise the discretion to grant the employee’s transfer request.

Agenda Item #5.1.

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C. While the City Manager retains sole discretion whether to institute voluntary and involuntary transfers, consideration will be given to the affected employee’s and the supervisor’s wishes.

SEC. 5.6 NEPOTISM
A. Definitions.

1. Applicant. A person who applies for a position at the City and is not a current employee.

2. Change of Status. A change in the legal status or personnel status of one or more current employees.
(a) Changes in legal status include, but are not limited to, marriage, divorce, separation, or any such change through which a current employee becomes a family member or ceases to be a family member of another current employee.
(b) Changes in personnel status include, but are not limited to, promotion, demotion, transfer, resignation, retirement, or termination of a current employee who is a family member of another current employee.

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

4. Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute “Direct Supervision”:
(a) Occupying a position in an employee’s direct line of supervision;
(b) Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
(c) Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.

5. Family Member. A spouse, domestic partner, parent, parent-in-law, step-parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, step-child, legal ward, daughterin-law, son-in-law, grandchild, or grandparent.

B. Prohibited Conduct.

Agenda Item #5.1.

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Conduct by family members including, but not limited to, one or more of the following:
(a) Participation directly or indirectly in the recruitment or selection process for a position for which a family member is an applicant;
(b) Direct supervision of a family member that does not comply with limitations set forth in this Rule; or
(c) Conduct by one or more family members that have an
adverse effect on supervision, safety, security, or morale.

C. Guidelines for Applicants.

No qualified applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this Section, the City may reasonably regulate, condition, or prohibit the employment of an applicant for a full-time position.

D. Disclosure. Each applicant is required to disclose the identity of any family member who is a current employee.

E. Assessment by the Human Resources Department.

For each applicant who has a family member who is a current employee, the Human Resources Department shall assess whether any of the following circumstances exist:

1. Business reasons of supervision, safety, security, or morale warrant the City’s refusal to place the applicant under direct supervision by the family member; or

2. Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for family members than for other employees, which warrant the City’s refusal to permit employment of family members in the same department, division, or facility.

F. Decision.

1. If the Human Resources Department determines that either of the above circumstances exists, the Human Resources Director shall exercise their discretion to either reject the applicant or consider the applicant for employment in a position that does not present either of the above circumstances.

2. Following examination, if the applicant is successfully certified as eligible, he or she may be employed in a position for which the Agenda Item #5.1.

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Human Resources Director has determined that neither
circumstance exists pursuant to Section 5.6.

3. When an eligible applicant is refused appointment by virtue of this Section, their name shall remain on the eligibility list for openings in the same classification. For each opening, the Human Resources Director shall make a determination consistent with Section 5.6.

G. Guidelines for Current Employees.

1. Employees shall report a Change of Status to the Human Resources Department within a reasonable time after the effective date of the Change of Status. Wherever feasible, employees shall report a Change of Status in advance of the effective date.

2. Within thirty (30) days from receipt of notice, the Human Resources Director shall undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale.

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

4. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action pursuant to Section

5.6. 5. Following a Change of Status or new hire of a family member, affected supervisors shall reasonably monitor and regulate both family members’ conduct and performance for a period of one (1) year from the date of the Human Resources Director’s
determination. The supervisor shall document these actions.

Successive supervisors may re-visit such a determination at their discretion.

6. If the supervisor determines, subject to any applicable requirements of due process, that an employee has engaged in prohibited conduct, the supervisor shall re-visit the Human Resources Director’s determination. Depending on the severity of the Prohibited Conduct, the supervisor may recommend that the Human
Agenda Item #5.1.

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Resources Director take one or more of the following additional measures:
(a) Transfer one of the family members to a similar position that would not be in violation of this policy. The transfer will be granted provided the family member qualifies and there is an opening to be filled. There can be no guarantee that the new position will be within the same classification or at the same salary level. (b) If the situation cannot be resolved by transfer, one of the family members must separate from City employment. If one of the employees does not voluntarily resign, the employee with primary responsibility for the prohibited conduct will be discharged. (c) Supervisors who receive complaints from other employees that one or more family members have engaged in prohibited conduct shall respond in accordance with existing complaint and disciplinary procedures, where applicable.
(d) Where situations exist prior to the effective date of this Section that may be in conflict with this Section, every effort shall be made to reasonably address the situation so as to avoid any future conflict.

H. Employee Complaints. Employees who believe that they have been adversely affected by prohibited conduct by one or more family member(s) should submit complaints to the Human Resources Department.

I. Appeal of Determination. Current employees and applicants affected by the application of this Section, may appeal the action to the City Manager within ten (10) days of the action. The City Manager shall hear the individual’s concerns and issue a written decision within thirty (30) days of receipt of the individual’s appeal. The decision of the City Manager is final, and no other appeal may be had unless the employee is entitled to further administrative appeal under other provisions of these Rules.

J. Savings Clause. Should any provision of this Rule, or any application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision, but in all other aspects, the provisions of this Rule shall continue in full force and effect.

Agenda Item #5.1.

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SEC. 5.7 CONSENSUAL ROMANTIC RELATIONSHIPS BETWEEN
EMPLOYEES.

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

B. Application. This section shall apply to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions regarding nepotism shall govern employees who marry or become domestic partners with another City employee.

C. Definition of Conflict. For purposes of this Section, a conflict exists if business issues of supervision, safety, security, and/or morale would be impacted by a romantic or sexual relationship between two employees.

D. Supervisor’s Duty to Report. If a romantic or sexual relationship exists between a Supervisor and another employee (including another Supervisor), the Supervisor shall promptly disclose the relationship to the Human Resources Director and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees. A Supervisor’s failure to comply with this section shall be grounds for discipline up to and including dismissal.

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

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

Agenda Item #5.1.

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

H. Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees should follow the complaint procedures provided under the City’s policy against harassment, discrimination, and retaliation. The complaint procedures are available to all employees regardless of their past or present participation in a romantic or sexual relationship with another City employee.

RULE 6. PROBATION
SEC. 6.1 PROBATIONARY STATUS
A. During the probationary period the employee, unless subject to the terms and conditions of an employment contract, may be rejected at any time, for any lawful reason, or no reason.

B. Department Directors, and temporary employees, including part-time and contract employees, are not subject to a probationary period since these employees are subject to discharge at the discretion of the appointing authority, without further justification. Other employees (including the City Manager, City Attorney, and Fire Chief) may also be deemed at-will employees pursuant to employment contracts.

SEC. 6.2 PROBATIONARY PERIODS
A. The probationary period varies from one position to another and shall not include time served under a temporary, acting, or provisional appointment. Periods of time on leaves longer than thirty (30) days require that the probationary period be extended a period of time equal to the amount of time spent on leave.

B. Each new full-time regular employee or safety employee shall be a probationary employee until their successful completion of the prescribed probationary period. In general, the probationary period for regular employees is twelve (12) months, and for safety employees, the prescribed probationary period is eighteen (18) months. If, at any time Agenda Item #5.1.

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prior to successful completion of the prescribed probationary period, it appears that the probationary employee will not successfully complete the prescribed probationary period, the Department Head may extend the probationary period once for an additional six (6) months.

SEC. 6.3 REGULAR STATUS
A. An employee’s status shall be considered regular upon their completion of the applicable probationary period.

B. If a probationary employee receives written notice of rejection from the City Manager prior to expiration of the applicable probationary period, the employee has not attained “completion” within the meaning of Section

6.3. SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF PROMOTED

EMPLOYEES
A. Regular Employees. A regular employee who is rejected during the probationary period from a position to which the employee has been promoted may be reinstated to the position from which the employee was promoted, if such position is vacant and existing, unless the employee is discharged for cause, which would have been sufficient to cause their discharge from their former position as well. In such case, the employee shall be entitled to appeal their discharge as provided in these rules.

B. Probationary Employees. Employees promoted to a higher class while on probation in a lower class and who subsequently fail to perform satisfactorily in the promoted position may return to their former position provided the position has not been eliminated and is vacant. Such employee shall continue to serve a probationary period for the length of time remaining on the probationary period at the time of promotion.

RULE 7. PERFORMANCE REPORTS
SEC. 7.1 POLICY
It is the policy of the City that periodic and regular reports be made as to the efficiency, competency, conduct and merit of its employees. To this end, it is the responsibility of the City Manager and supervisors that these ratings be made. The Human Resources Director, under the direction of the City Manager, shall provide and prescribe the forms and procedures to be used in such reports of performance so that the program of performance reporting will be carried on in a sound, timely, and effective manner.

Agenda Item #5.1.

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SEC. 7.2 AUTHORITY TO MAKE REPORTS
Department Heads shall prepare reports of performance for those employees within their department. The City Manager shall prepare reports of performance for the Department Directors. The City Manager shall review and approve all personnel performance reports following review and signature by the employee and their supervisor.

SEC. 7.3 TIME FOR REPORTING
A. Probationary Employees.

No later than ten (10) days prior to the completion of the probationary period, the supervisor shall furnish the Human Resources Department with a report as to the progress and capability of the probationary employee, a copy of which shall also be furnished to the probationer.

B. Regular Employees.

A report for an employee shall be prepared and received no later than ten (10) days prior to their salary anniversary date. An employee may be also given a report of performance at any other time during the year upon the employee’s request or at the discretion of the Appointing Authority. An employee who has been rated “improvement needed” or “unsatisfactory” (or equivalent i.e., “does not meet expectations”) shall receive a report three (3) months from receiving such rating and shall receive another report in another three (3) months in connection with a Performance Improvement Plan (PIP) this employee is assigned to complete.

C. Lack of Opportunity to Observe Performance.

If, as a result of extended absence or other circumstances resulting in a supervisor’s opportunity to observe an employee's performance for fewer than three (3) months, the employee and the supervisor may mutually agree in writing to delay issuance of the report of performance by up to three (3) months, with prior approval of the Human Resources Director. If the employee is eligible for a step advancement, and the supervisor determines that the employee's performance so warrants, the supervisor may recommend to the City Manager that the employee receive the step advancement retroactively to the salary anniversary date.

SEC. 7.4 REVIEW WITH EMPLOYEE
It is acknowledged that one of the prime benefits of a sound performance rating system is that it can bring together the employee and their supervisor in a frank and constructive discussion and appraisal of the employee’s work and the specific ways in which it may be improved. Therefore, each performance report shall be thoroughly discussed with the employee with this view in mind. The employee shall sign the report to acknowledge its contents. Such signature shall not necessarily mean the employee Agenda Item #5.1.

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endorses the content of the report. The employee shall be entitled to submit a written response to their performance report within ten (10) calendar days of receipt of the performance report. Any such response will be attached to the employee’s performance report and maintained in their regular personnel file. No administrative appeal of the rating or contents of a performance report may be had by the employee.

SEC. 7.5 DISTRIBUTION OF REPORTS
Reports shall be prepared in three (3) copies. After review and approval of the City Manager, one copy shall be retained by the Human Resources Department and one copy shall be provided to the employee. The Human Resources Department copy, along with any response by the employee, shall be made a part of the employee’s employment history and included in the employee's personnel file.

SEC. 7.6 PERFORMANCE RATINGS
A. Effects of “Improvement Needed” and “Unsatisfactory” Ratings.

1. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent “i.e. “does not meet expectations”) will not be eligible to be appointed off of any eligibility list until a satisfactory rating is established.

2. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent i.e. “does not meet expectations”) will not receive any merit salary increase during the period following the report, except as provided in subsection 5 below.

3. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent i.e. “does not meet expectations”) will be subject to a Performance Improvement Plan. “Unsatisfactory” or “improvement needed” ratings in individual rating categories may also result in a Performance Improvement Plan, in the discretion of the City.

4. In any case, where an employee receives an overall rating of “unsatisfactory” on two (2) consecutive occasions or “improvement needed” (or equivalent i.e. “does not meet expectations”) on three (3) consecutive occasions, Disciplinary Action shall be taken by the Appointing Authority as provided for in these rules, if such action has not already been taken.

5. If an employee who has been denied a merit salary increase improves their performance to such an extent that the City Manager believes a merit salary increase is now justified, the City Manager shall indicate the improvement on a report of performance form and Agenda Item #5.1.

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may specifically award a merit salary increase. Additionally, in awarding the merit salary increase under this subsection, the City Manager may change the merit salary increase anniversary date to the date of the award of the merit salary increase or may permit the anniversary date to remain the same. Any merit salary increase awarded under this subsection shall not be made retroactive.

SEC. 7.7 PERFORMANCE IMPROVEMENT PLAN
A. The City Manager may authorize the use of a Performance Improvement Plan following an employee’s receipt of an overall rating of “unsatisfactory” or “improvement needed” (or equivalent i.e. “does not meet expectations”) in their most recent performance report, or based on similar ratings in particular evaluation categories, or at any other time upon request of a supervisor whose other efforts to have an employee conform to the City’s policies and procedures or other standards of performance have not been successful.

B. A Performance Improvement Plan is not a disciplinary action, and should not be used in place of appropriate disciplinary action.

C. A Performance Improvement Plan shall detail the specific reasons that performance is deficient or non-compliant, requirements for improvement, the number of special and/or regular evaluation periods that the Plan is intended to be in place, and a schedule for review of the employee’s progress under the Plan.

D. The employee will receive an opportunity to meet with their supervisor or the City Manager to provide input into the terms of the Performance Improvement Plan before the Plan takes effect. However, in the City Manager’s discretion, the Performance Improvement Plan may take effect prior to expiration of the employee’s time to respond to their performance report.

E. The City Manager shall retain discretion to determine at any time that an employee under a Performance Improvement Plan has not demonstrated reasonable improvement and that the Plan should be discontinued.

F. The City Manager may further determine at any time that Disciplinary Action is warranted to address an employee’s insufficient performance or other misconduct.

G. If the City Manager determines that the employee has demonstrated sufficient improvement under the terms of the Performance Improvement Plan, and the employee then maintains acceptable performance over the full period of the Performance Improvement Plan, then the Plan shall be considered “successful.” H. After the completion of a “successful” Agenda Item #5.1.

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Performance Improvement Program, the City shall maintain a record of the Plan in the employee’s personnel file.

H. If the City Manager determines that a Performance Improvement Plan has not been “successful,” or that the employee’s performance has regressed in the evaluation period following completion of a “successful” Performance Improvement Plan, the City Manager may determine the issuance of proper disciplinary measures.

RULE 8. HOURS OF WORK/OVERTIME
SEC. 8.1 POLICY
A. It is the policy of the City that forty (40) hours per week shall constitute a week’s work, for all full-time employees, except that work days and work weeks of a different number of hours may be established in order to meet the varying needs of the City where permitted by law.

B. Temporary employees, including part-time employees, are not eligible for any benefits beyond the hourly wage and any benefits required by applicable state or federal law and regulations, unless those benefits specifically and explicitly granted to these employees in these Rules.

SEC. 8.2 WORK WEEK
The normal work week shall be five (5) consecutive weekdays starting at 8:00 a.m. and ending at 5:00 p.m. on Monday to Friday except:

1. Library hours may vary.

2. Parks hours include Saturday and Sunday.

3. Streets, Parks, Water, Water Treatment, and Wastewater Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.

4. Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St. Helena.

SEC. 8.3 DAILY HOURS OF WORK
Daily hours of work or shifts for employees shall be assigned by the City Manager as required to meet the operational requirements of the City.

Agenda Item #5.1.

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SEC. 8.4 CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from scheduled working hours desired by an employee shall, in advance, be cleared in writing through the office of the City Manager, and such absence shall be noted on the employee’s time sheet.

SEC. 8.5 OVERTIME
A. Overtime Compensation.

Employees shall not perform work outside of their regularly scheduled shifts unless requested to do so by a Department Head or with advance written authorization from a Department Head. This requirement applies to, but is not limited to:

1. Work performed before the start of the shift;

2. Work performed during meal periods;

3. Work performed after the end of the shift; and

4. Other work performed "off the clock" including work performed at home.

All employees shall take reasonable measures wherever feasible to avoid the need for work to be performed outside of their regularly scheduled shifts. Where required, time spent on such work shall be kept to a minimum. All time worked and leave used must be reported on an employee’s timecard, regardless of when or where the work was performed.

Department Heads shall adhere to the following guidelines in requesting or assigning work outside an employee’s regularly scheduled shift:

An employee who may be required to perform work outside the regular shift shall be notified of the apparent need for such work as soon as practicable prior to when the work is expected to begin.

Non-exempt employees shall be paid at one and one-half times the employee's regular rate of pay for all hours actually worked in excess of the employees regularly scheduled shift or in excess of forty (40) hours in a work week. Paid time off or other non-working time (except paid rest breaks under Section 8.6), such as vacation, sick leave, holidays, jury duty, and compensatory time off, shall not be considered hours worked.

SEC. 8.6 REST BREAKS
Non-exempt employees shall be entitled to a paid 15-minute break for every four (4) hours worked. Such time shall be considered hours worked.

Agenda Item #5.1.

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SEC. 8.7 CONDUCT DURING THE WORKDAY
During the workday, employees are expected to devote their full time in the performance of their assigned duties. Any approved outside work, part-time job, hobbies, or personal business must be performed during off duty hours. Off duty hours include unpaid lunch break periods, but do not include other rest or break periods during which the employee continues to receive pay.

RULE 9. LEAVES OF ABSENCE
SEC. 9.1 HOLIDAYS
A. The following days shall be recognized and observed as paid holidays for regular full-time employees:

1. New Year’s Day (January 1)

2. Martin Luther King, Jr. Birthday (Third Monday in January)

3. Presidents’ Day (Third Monday in February)

4. Cesar Chavez Day (March 31)

5. Memorial Day (Last Monday in May)

6. Independence Day (July 4)

7. Labor Day (First Monday in September)

8. Veteran’s Day (November 11)

9. Thanksgiving Day (Fourth Thursday in November)

10. Friday after Thanksgiving Day

11. Christmas Eve (December 24)

12. Christmas Day (December 25)
Except for emergency services, all City offices shall be closed on recognized and observed paid holidays above and all full-time employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

When a recognized and observed holiday falls on a Saturday, the preceding Friday shall be deemed a holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday Agenda Item #5.1.

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shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day.

B. Holidays for Employees on work schedules other than Monday through Friday
Employees assigned to a seven-day operation departments or employees working a five-day work week other than Monday through Friday shall be allowed another day off within the same work week if a holiday falls on one of their regularly scheduled days off.

Employees whose holidays are changed because of shift rotations shall be allowed another day off if a legal holiday falls on one of their days off. Employees regularly scheduled to work on a holiday which falls on a Saturday or Sunday shall receive holiday compensation for the work on that Saturday or Sunday. Holiday compensation shall not be paid for work on any weekday preceding a Saturday holiday or on any weekday following a Sunday holiday.

C. Personal Convenience Holiday.

Each regular, full-time employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each. Each regular employee, Department Head, and fulltime unrepresented safety employee who has been continuously employed by the City for at least five (5) years will be granted three (3) additional Personal Convenience Holidays. Personal Convenience Holidays must be used prior to the end of the calendar year and will not accrue or carry over. They may be taken at the employee’s convenience, subject to the Department Head’s approval. These Holidays shall not incur additional expense to the City (e.g., causing another employee to work overtime). Each of these Holidays must be taken as a full day.

SEC. 9.2 VACATION
A. Unless otherwise required by an applicable MOU or employment agreement, full-time regular employees shall accrue vacation, on a daily basis, according to the following schedule:

Years of Service Vacation Accrual
0 – 4 years 10 days per year
5 years 15 days per year
6 years 16 days per year
7 years 17 days per year
8 years 18 days per year
9 years 19 days per year
10 years 20 days per year
The maximum rate at which vacation may be accrued by any employee is twenty (20) days per year.

Agenda Item #5.1.

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B. Part-time Employees: On July 1 of each year, a part-time employee will be awarded vacation hours in an amount determined by multiplying the employee’s ”average work day” by ten, provided that:

1. In computing the “average work day,” no time worked prior to the employee’s first anniversary date shall be considered.

2. Administration of the use of vacation leave by part-time employees will be by the same rules as regular employees.

C. The City Manager may in their sole discretion, permit a Department head to accrue vacation on a schedule other than as specified in Section 9.2.

The City Manager shall specify the applicable schedule in writing at the time of hire.

D. Employees may begin using accrued vacation after completing six (6) months of continuous employment with the City.

E. Employees may carry over up to 80 hours of unused accumulated vacation to the next fiscal year. This carryover amount shall be prorated for new hires.

F. Employees may convert up to one-half (1/2) of their unused accumulated vacation days per fiscal year to compensation and shall be paid at the employee’s rate of pay at the time of the conversion.

G. At termination of employment for any reason, the City shall compensate the employee for the employee’s accumulated vacation time at the employee’s straight time rate of pay at the time of termination.

H. The City will not require an employee to take vacation time in lieu of sick leave or leave of absence during periods of illness. However, the employee may elect to take vacation time in case of extended illness constituting a "serious health condition" within the meaning of the City's Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy where sick leave has been fully used. If a holiday falls on a work day during an employee’s vacation period, that day shall be considered as a paid holiday and not vacation time.

I. Vacations may be scheduled at any time during the year upon written approval of the Department Head.

SEC. 9.3 SICK LEAVE
A. Definitions.

The definitions provided in this Section 9.3 apply only to the provisions in Section 9.3.

Agenda Item #5.1.

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1. Immediate Family. Immediate Family means: (1) a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; (2) biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee’s spouse or registered domestic partner, or a person who stood in loco parentis to either the employee or the employee’s spouse or domestic partner as a minor; or (3) an employee’s spouse, registered domestic partner, grandparent, grandchild, or sibling, including half-siblings.

2. Permitted Use of Sick Time. Sick Time is not discretionary leave, and Permitted Use of Sick Time consists of any of the following:
(a) Diagnosis, care, or treatment of the existing health condition of an employee or a member of the employee’s immediate family; (b) Preventative care for an employee or a member of the employee’s immediate family;
(c) For employees who are victims of domestic violence, sexual assault, or stalking, leave taken for the purposes described in Sections 230(c) and 230.1(a) of the California Labor Code. (d) Extension of Bereavement Leave to which an employee is entitled under Section 9.4.

3. Full-Time Employees. For purposes of this policy a “Full-Time Employee” means any regular or probationary Full-Time Employee.

4. PTS Employees. For purposes of this policy a “PTS Employee” means any employee who is not a Full-Time employee, including, but not limited to, part-time, temporary, and seasonal employees.

5. Employees. For purposes of this policy the term “Employees,” without further modification, includes all City employees, regardless of status or hire date.

B. Eligibility.

All Employees are eligible to accrue and use paid sick leave in accordance with the applicable terms of this policy.

C. Waiting Period Prior to Use of Sick Leave by New Hires.

All New Hires must complete an initial, one-time ninety (90) calendar day waiting period before using sick leave. Employees who leave City employment before completion of the 90-day waiting period are not entitled to use any sick leave. However, New Hires who return to City employment within twelve (12) months of separation will have their Agenda Item #5.1.

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sick leave balances restored and need only complete the remainder of the ninety (90) day period before becoming entitled to use available sick leave.

D. Accrual.

1. Full-Time Employees.

Full-Time Employees shall earn sick leave at the rate of eight (8) hours per month. There shall be no limit on sick leave accrual.

2. PTS Employees.
(a) PTS Employees will receive a bank of twenty-four (24) hours of sick leave on the first day of the next month following their first date of employment, whichever is later. New Hires must satisfy the waiting period before using any time from the sick leave bank. (b) The City will provide an additional bank of twenty-four (24) hours of sick leave on January 1 of each subsequent calendar year to each PTS employee.
(c) PTS Employees shall accrue no additional sick leave beyond the twenty-four (24) hour bank and shall have no right to carry over banked hours from year to year.

E. Notice.

1. Unscheduled Time Off.

An Employee shall contact their immediate supervisor at least two hours prior to the commencement of the assigned work shift, or as soon thereafter as is practical, to report absence from work due to a Permitted Use of Sick Time. Consideration shall be given to emergency situations that restrict the employee from contacting their immediate supervisor prior to their assigned work shift, including, but not limited to accident, injury, or hospitalization.

An employee shall notify their immediate supervisor before the employee leaves the work site prior to completion of the work shift due to any unscheduled Permitted Use of Sick Time; however, the employee need not provide the reason that sick time is needed to the immediate supervisor.

2. Scheduled Time Off.

Notice of time off for scheduled appointments involving a Permitted Use of Sick Time, such as personal medical appointments, must be provided to the Department Head or the Human Resources Department, at least one week in advance of the appointment, whenever feasible. Every effort should be made to schedule such appointments at times that do not conflict with the City's work schedule.

Agenda Item #5.1.

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The employee shall again notify their immediate supervisor before the employee leaves the work site prior to completion of the work shift due to the scheduled Permitted Use of Sick Time.

F. Medical Certification or Other Documentation.

Employees off work on sick leave for a period of more than three (3) consecutive work days, or whose usage indicates potential abuse of sick leave, may be required at any time to provide a doctor’s note or other relevant documentation certifying that the reason for the employee’s absence is a Permitted Use of Sick Time, and if the employee is unable to return to work, stating how long the employee is expected to be unable to do so.

G. Return to Work.

For any absence of seven (7) or more consecutive work days due to an employee’s own illness or injury, the supervisor may require that the employee provide a note from their physician, releasing the employee with or without restrictions, before the employee may return to work.

H. Reinstatement of Unused Sick Leave Balances.

An Employee who separates from employment with the City and returns to active employment within twelve (12) months of their separation date shall have their unused sick leave balance reinstated, up to a maximum of twenty-four (24) hours. For purposes of this provision, unused sick leave is leave that was accrued, but never taken by the Employee, and that was not converted to Personal Leave.

I. Retention and Inspection of Records Pertaining to Sick Leave.

The City shall keep records documenting the hours worked and paid sick leave accrued and used by an employee for three (3) years. Upon reasonable request, and within twenty-one (21) calendar days after the request, the City shall afford current and former employees the right to inspect or copy records pertaining to their hours worked and paid sick days accrued and used.

J. Abuse of Sick Leave.

Employees who do not comply with this policy, including providing insufficient notice of sick leave or using sick leave for reasons other than for a Permitted Use of Sick Time, are committing abuse of sick leave, which is grounds for discipline, up to and including termination.

The City reserves the right to take reasonable steps to determine whether an employee is abusing sick leave, including, but not limited to, attempting in-person or electronic communication with an employee using sick leave, identifying and tracking consistent patterns of sick leave use, such as in connection with weekends, holidays, and Agenda Item #5.1.

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scheduled days off, and considering social media content or other relevant evidence that is either publicly available or shared voluntarily by other employees or interested individuals.

SEC. 9.4 BEREAVEMENT LEAVE
A. Employees are entitled to paid bereavement leave in the event of death in their immediate family. Bereavement leave is a separate benefit from other paid leaves; however, sick leave may be used to supplement the periods provided in this section.

B. Employees may be granted up to three (3) working days of paid bereavement leave or five (5) working days if the death occurs out of State, per immediate family member.

C. For purposes of this Section 9.4, "immediate family" shall have the same definition as in Section 9.3.

SEC. 9.5 MILITARY LEAVE
Military leave shall be granted in accordance with state and federal law (i.e. the California Military and Veteran’s Code and the Federal Uniformed Services Employment and Reemployment Rights Act.) An employee entitled to military leave shall give the Administrative Services Manager an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of their military orders to the Human Resources Department. In addition, leave for military exigency or military caregiver shall be granted in accordance with the Family and Medical Leave Act.

SEC. 9.6 JURY DUTY
This policy shall apply to all regular and probationary employees in all classifications.

An employee summoned for jury duty will immediately notify the Human Resources Department. While serving on a jury, an employee will be given a leave of absence, with pay, for the duration of said jury duty. Said leave of absence with pay is conditional upon the employee returning to work upon their dismissal each day to complete their normal work day. It is also conditional upon the employee’s conveyance to the City of any compensation received as a juror, not including any travel allowance received.

SEC. 9.7 VOTING LEAVE
In accordance with California Election Code sections 14000 and 14001, if a registered voter does not have sufficient time outside normal working hours within which to vote at general direct primary or presidential elections, the employee may take off such working time as will enable him/her to vote. The scheduling of the time referenced above shall be subject to the approval of the employee’s supervisor and shall normally Agenda Item #5.1.

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be at the beginning or end of a work shift. A maximum of two (2) hours may be taken with pay. The employee must provide two (2) days of advance notice of the need for voting leave.

SEC. 9.8 ELECTION OFFICIAL LEAVE
Employees serving as an election official shall be permitted leave in order to so serve.

Such leave is unpaid, but, at their option, employees may request to use vacation leave to serve as an election official. An employee taking leave to serve as an election official is required to give their Department Head at least ten (10) days of advance notice before the date of the election in which the employee is to serve as an election official.

Employees serving as an election official are required to provide their Department Head with proof of service prior to taking leave.

SEC. 9.9 LACTATION BREAKS
A. In accordance with California and federal law, the City will provide an employee with reasonable unpaid time off and an appropriate area for the purpose of the employee expressing breast milk for the employee’s infant child.

B. An "appropriate area" is a place other than a bathroom that is in close proximity to the employee's work area and that is shielded from view and free from intrusion by other employees and the public. The City will consider input from the affected employee but retains sole discretion in identifying an "appropriate area" on a case-by-case basis.

SEC. 9.10 UNPAID LEAVES OF ABSENCE
A. The City Manager, in their discretion, may grant an employee leave of absence without pay for up to three (3) months. Unpaid leave of absence may be granted by the City Manager for the following grounds: (1) for personal reasons which are acceptable to the City Manager; (2) for reason of illness in the event sick leave has been exhausted; (3) in conjunction with pregnancy-related leave; or (4) to pursue a course of education which will increase the employee’s capability in holding the City position. The City Manager may require sufficient documentation establishing the employee's need for leave.

B. After the initial three (3) months of leave of absence without pay, the City Manager may, in their discretion, extend the leave for up to nine (9) additional months in a maximum of three (3) month increments. However, unless otherwise required by law, in no circumstances shall the total amount of unpaid leave be longer than twelve (12) months.

C. Exhaustion of Paid Leaves.

Agenda Item #5.1.

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1. Non-medical Leave of Absence without Pay. An employee requesting leave under this section for nonmedical reasons is required to fully exhaust all of their paid leaves, except sick leave, in order to be eligible to receive a leave of absence without pay.

2. Medical Leave of Absence without Pay. An employee requesting leave under this section for medical reasons is required to fully exhaust all of their paid leaves, including sick leave, in order to be eligible to receive a leave of absence without pay.

D. Accrual of Benefits.

1. Leave of absence without pay shall not be construed as a break in service or employment, and rights accrued at the time leave is granted shall be retained by the employee; however, vacation credits, sick leave credits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the unpaid period of absence.

2. Unless the employee notifies the City Manager at the time of the request for leave without pay that they elect to pay the premiums for continuation of Health, Dental, and other insurance benefits, those benefits will be terminated beginning from the calendar month following the start of the unpaid leave. If that election is made and the leave request is granted, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee.

3. Retirement benefits shall be adjusted for leave without pay in accordance with the Public Employees’ Retirement System (PERS) regulations.

4. An employee returning after leave of absence without pay shall receive the same step in the salary range, they received when they began their leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the employee's salary anniversary date shall be set forward by an amount equal to the days of unpaid leave taken by the employee.

E. Failure to Return from Leave. If an employee takes any action during their leave that is inconsistent with an intention to return to employment with the City, such as accepting full-time employment with another employer, the employee will be considered to have voluntarily terminated their employment. Failure of the employee to return to their employment upon the termination of any authorized leave of absence shall constitute an Agenda Item #5.1.

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automatic termination from City service of that employee— unless such leave is extended.

SEC. 9.11 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO

RETURN FROM LEAVE
A. An employee may be considered to have voluntarily resigned from their employment with the City under any of the following circumstances:

1. Absence from their job for more than five (5) consecutive working days without compliance with applicable notice requirements under these Rules;

2. Any action taken during a leave of absence from the City that is inconsistent with an intention to return to employment with the City, such as accepting full-time employment with another employer;

3. Failure to return to employment following the expiration of an authorized leave of absence—unless the City permits extension of the leave.

B. The City shall provide written notice to employees who are considered to have voluntarily resigned. The notice shall describe the facts on which the voluntary resignation is based and the right to petition the Human Resources Director for reconsideration.

C. Any unauthorized absence may be cause for Disciplinary Action.

SEC. 9.12 EXECUTIVE LEAVE
A. Each FLSA-exempt, unrepresented employee who has completed one year of City service shall receive forty (40) hours of executive leave per calendar year, which may be used by the end of the calendar year. During their first year as a City employee, FLSA-exempt, unrepresented employees shall obtain a pro rata amount of executive leave commensurate with the time remaining in the calendar year. Executive leave may be not be carried forward from year to year. There is no cash value to Executive Leave and FLSA-exempt, unrepresented employees shall not receive compensation for any unused Executive Leave hours at the time of separation from City employment.

B. Additionally, at-will executive staff may receive up to another five (5) days Executive Leave annually at the discretion of the City Manager provided on July 1st of each year, and all hours not taken by December 31st of the same year will be lost unless an extension of time is granted by the City Manager.

Agenda Item #5.1.

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C. Newly hired employees shall have Executive Leave awarded to them in the following pro-rated manner:

If the employee is hired from:

January – March 40 hours awarded on the date of hire
April – June 30 hours awarded on the date of hire
July – September 20 hours awarded on the date of hire, 40 hours additional at-will
October -- December 10 hours awarded on the date of hire, 20 hours additional at-will
SEC. 9.13 VICTIM LEAVE
Victims of domestic violence and/or sexual assault shall be permitted unpaid leave in accordance with Labor Code sections 230(c) and 230.1. Victims of a violent or serious felony or a felony involving theft or embezzlement shall be permitted unpaid leave in accordance with Labor Code section 230.2.

SEC. 9.14 SCHOOL VISITATION LEAVE
Employees shall be permitted to take unpaid leave (under Section 9.11) or any accrued, but unused vacation hours, for child-related activities, in accordance with Labor Code Sections 230.7 and 230.8. Employees are required to submit written leave request and written approval from Department Head or City Manager, at least three (3) days before the start of the leave.

SEC. 9.15 FITNESS FOR DUTY LEAVE.

A. Purpose/Policy. Employees are expected to report to work fit for duty, which means able to perform their job duties in a safe, appropriate, and effective manner, free from adverse effects of physical, mental, emotional, and/or personal problems. This Rule is intended to provide a safe environment and protect the health and welfare of employees and the public. If an employee feels that they are not fit to perform their duties, the employee must notify thei supervisor immediately.

B. Reasons for Fitness for Duty Leave. A fitness for duty examination may be ordered in any of the following situations:

1. An employee returns from a medical leave of absence of more than seven (7) working days.

2. An employee is involved in the interactive process with the City.

Agenda Item #5.1.

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3. Supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, response to criticism, interactions with the public, co-workers, and supervisors.

4. Fitness for duty examinations based on a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol shall be conducted in accordance with the City’s Drug-Free Workplace Policy.

C. Procedures for Ordering a Fitness for Duty Examination. When a supervisor becomes aware of or observes behavior that makes him/her reasonably suspect that the employee may not be fit for duty, the supervisor shall refer the employee to the City Manager who will determine whether a fitness for duty examination is necessary and should be scheduled. If the circumstances warrant it, the City Manager may place the employee on a paid or unpaid leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City.

D. Procedure Following Receipt of Examination Results. The doctor examining the employee shall be limited to finding the employee “fit for duty” or “unfit for duty.” In no case shall the doctor reveal the underlying cause of any unfitness for duty without the employee’s permission.

E. Fit for Duty. If the doctor finds the employee is fit for duty, the employee shall return to work immediately and perform all duties of their position.

F. Unfit for Duty. If the employee is found to be unfit for duty, the employee shall not be permitted to work and may utilize accrued paid leave (e.g. sick leave, vacation, etc) while off duty . The employee may request a leave of absence in accordance with the appropriate subsection of this Policy, and, where appropriate, the City shall engage in the interactive process to evaluate the employee’s workplace needs or restrictions. The City shall then evaluate those needs or restrictions and determine whether they can be reasonably accommodated.

RULE 10. FAMILY CARE AND MEDICAL LEAVE, PREGNANCY DISABILITY LEAVE,

AND MILITARY FAMILY LEAVE POLICY
SEC. 10.1 POLICY
A. The City will provide family and medical care leave for eligible employees as required by state and federal Law. The leaves provided for in this Policy Agenda Item #5.1.

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are granted under a variety of state and federal laws. Employees should be aware that leave under one Section of the Policy may also qualify for leave under another Section and will run concurrently. For example, military caregiver leave is provided for under the FMLA, but in certain circumstances, might also qualify for CFRA leave. In situations where similar state and federal leave programs do not both apply (e.g. an eligible employee is entitled to take CFRA leave to care for a registered domestic partner, but FMLA leave does not include registered domestic partners), the City will advise affected employees in writing which of their statutorilyprotected leaves are being used and how much of that leave remains.

B. Additional definitions and other provisions governing employees' rights and obligations under the FMLA, CFRA, and PDL that are not specifically set forth below are set forth in the Department of Labor's FMLA regulations (29 C.F.R. § 825.00 et seq.) and the California Department of Fair Employment and Housing’s CFRA regulations (2 C.C.R. § 11087 et seq.) and PDL regulations (2 C.C.R. § 11035 et seq.) This Policy is deemed to include and be governed by such statutory and regulatory provisions, including subsequent revisions, except where expressly contradicted by more generous terms of this Policy.

SEC. 10.2 FAMILY CARE AND MEDICAL LEAVE (FMLA/CFRA LEAVE) A. Eligibility. To be eligible for FMLA/CFRA leave, an employee must have:

1. Been employed by the City for at least twelve (12) months prior to the date on which the FMLA/CFRA leave is to commence, measured as of the date the leave is to start;

2. Have worked at least 1,250 hours over the twelve(12) month period preceding the FMLA/CFRA leave, measured as of the date the leave is to start; and

3. For employees performing covered military service under the federal Uniformed Service Employment and Reemployment Rights Act, periods of absence due to such service shall be counted for purposes of determining whether the employee meets these eligibility requirements.

B. Qualifying Reasons for FMLA/CFRA Leave. Employees meeting the eligibility requirements under Section 10.2 may take FMLA/CFRA leave for any of the following qualifying reasons:

1. The birth of a child of the employee and in order to care for such child.

Agenda Item #5.1.

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2. The placement of a child with the employee for adoption or foster care of the child by the employee and in order to care for that child.

3. Providing care for a qualifying family member with serious health condition:
(a) Under FMLA, a spouse, child, or parent with a serious health condition, and
(b) in addition to those persons listed in (a), CFRA-qualifying family members include registered domestic partners,
grandparents, grandchildren, and siblings.

4. The employee's own serious health condition.

The FMLA and CFRA also provide for certain military exigency leave and military caregiver leave. The PDL also provides for leave for employees with a serious health condition is on account of her pregnancy, childbirth, or related medical conditions.

C. Child.

1. Under CFRA, leave may be taken by an employee for a "child" who is, regardless of age, a biological child, adopted, or foster child, a stepchild, a legal ward of the employee, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

2. Under FMLA, only biological, adopted, foster, or step children, legal wards, or persons for whom the employee stands in loco parentis) qualify, and only if they are (1) under 18, or (2) are over 18 and incapable of caring for themselves due to a physical or mental disability.

D. In loco parentis.

1. For purposes of this Policy an employee stands in loco parentis by providing day-to-day care or financial support with demonstrated intent of assuming the responsibilities typically held by a parent.

2. Whether an employee stands in loco parentis to a child for purposes of this Policy will be determined by the City on a case-by-case basis, and the City may require reasonable documentation to support an employee's claim of providing either day-to-day care or financial support for the child.

E. Serious Health Condition. A serious health condition is an illness, injury, impairment, or physical or mental condition of the employee or a child, parent, spouse, or registered domestic partner of the employee that makes the employee unable to work or unable to perform one or more of Agenda Item #5.1.

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the essential functions of the employee's position, and which involves either inpatient care or continuing treatment or supervision by a health care provider, as follows:
(a) “Inpatient care” means an overnight stay in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care, or any resulting period of incapacity. A person is considered to have an “overnight stay” for purposes of this provision if a health care facility formally admits him/her to the facility with the expectation that the employee will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight. (b) “Continuing treatment or supervision by a health care provider” means and includes any one or more of the following:
(a) In-person treatment two or more times, within thirty (30) days of the first day of incapacity, unless
extenuating circumstances exist, by a health care
provider, by a nurse under direct supervision of a
health care provider, or by a provider of health care
services (e.g. physical therapist) under orders of, or on referral by, a health care provider, with the first visit being within seven (7) days of the first day of
incapacity; or
(b) In-person treatment by a health care provider on at least one (1) occasion, which results in a regimen of
continuing treatment under the supervision of the
health care provider, with the first visit being within seven (7) days of the first day of incapacity.
(c) Any period of incapacity due to pregnancy, or for
prenatal care, whether or not in-person treatment is
received during that time, or whether the resulting
absence lasts fewer than three (3) days.
(d) Any period of incapacity, or treatment for such
incapacity, due to a chronic serious health condition,
whether or not in-person treatment is received during
that time, or whether the resulting absence lasts fewer than three (3) days. A chronic serious health condition is one which:
(i) Requires periodic visits (defined as at least
twice a year) for treatment by a health care
Agenda Item #5.1.

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provider, or by a nurse under direct
supervision of a health care provider;
(ii) Continues over an extended period of time
(including recurring episodes of a single
underlying condition); and
(iii) May cause episodic rather than a continuing
period of incapacity (e.g., asthma, diabetes,
epilepsy, etc.).
(e) A period of incapacity which is permanent or longterm due to a condition for which treatment may not be effective. The employee or family member must be
under the continuing supervision of, but need not be
receiving active treatment by, a health care provider.

Examples include Alzheimer's, a severe stroke, or the
terminal stages of a disease.
(f) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a
health care provider or by a provider of health care
services under orders of, or on referral by, a health care provider, for either:
(i) Restorative surgery after an accident or other
injury; or
(ii) A condition that would likely result in a period
of incapacity of more than three (3)
consecutive, full calendar days in the absence
of medical intervention or treatment, such as
cancer (chemotherapy, radiation, etc.), severe
arthritis (physical therapy), or kidney disease
(dialysis).
(g) “Incapacity” means that a person is unable to work, attend school, or perform regular daily activities due to a serious health condition, its treatment, or the
recovery that it requires.

F. Amount of Leave Entitlement. Provided that all applicable conditions of Section 10.2.A are met, an employee may take a maximum of twelve (12) workweeks of FMLA/CFRA leave in a rolling twelve (12) month period measured backwards from the date the employee uses any FMLA/CFRA leave.

Agenda Item #5.1.

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1. Employees taking FMLA/CFRA leave for the birth, adoption, or foster care of their child must initiate and complete any FMLA/CFRA leave within one (1) year of the birth of the child or placement of the child with the employee for adoption or foster care.

2. An employee’s FMLA/CFRA leave does not need to be consecutive, but can be cumulative within a twelve (12) month period.

3. Industrial injury leaves and all non-industrial injury leaves are FMLA/CFRA leaves if they qualify as serious health conditions.

G. Concurrent Use of Accrued Paid Leaves.

1. Leave taken under this Policy is unpaid.

Employees may elect or may be required to use their accrued leave balances concurrently with FMLA/CFRA leave, as provided below. When an employee elects or is required to use their accrued leave balances, the employee may specify in writing the order in which the employee would prefer to exhaust their leave balances. If the employee fails to designate the order of exhaustion, the City will exhaust the leave balances in the following order: sick leave, compensatory time off, floating holiday, vacation. The paid leave shall run concurrently with the FMLA/CFRA leave, and shall not extend the employee’s entitlement to FMLA/CFRA leave beyond twelve (12) workweeks.

2. Sick leave.

Employees are required to run all accumulated sick leave concurrently when FMLA/CFRA leave is taken for the employee’s own serious health condition. Employees may elect to so coordinate their accumulated sick leave when FMLA/CFRA leave is taken for any other reason.

3. Other paid leaves.

Employees are required to coordinate all other accrued paid leaves of absence, including but not limited to, compensatory time off, vacation, and holiday leave, when taking FMLA/CFRA leave for any reason.

4. Coordination with Wage Replacement Plans.

If an employee who is on FMLA/CFRA leave is also receiving a wage replacement payment from State Disability Insurance, Paid Family Leave, Short-Term Disability Programs, Long-Term Disability Programs, and/or Workers’ Compensation, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary.

H. Intermittent or Reduced Schedule Leave.

Agenda Item #5.1.

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1. An As-needed Basis.

Intermittent FMLA/CFRA leave is leave taken on an as-needed basis in increments of minutes, hours, or days. A reduced schedule FMLA/CFRA leave involves a reduction in the number of hours per day or per week that an employee regularly works, with the employee substituting FMLA/CFRA time substitute for hours not worked. The minimum FMLA/CFRA leave increment that can be taken by an employee is fifteen (15) minutes.

2. Calculation of Intermittent or Reduced Schedule Leave.

The maximum equivalent number of hours to which an employee is entitled during the twelve (12) week period will be based on the employee's regularly scheduled workweek. For example, an employee who is regularly scheduled to work forty (40) hours per workweek will be entitled to a maximum of 480 hours of FMLA/CFRA leave, whereas, an employee who is regularly scheduled to work thirty-two (32) hours per workweek will be entitled to a maximum of 384 hours of FMLA/CFRA leave. In calculating this amount for employees with a varying schedule, the City will use an average of the employee's workweeks within the twelve (12) month period immediately preceding the intermittent or reduced schedule leave.

3. Impact on Salary.

Where permitted by applicable state and federal wage and hour laws, the City may make deductions from an employee’s salary for all hours of leave taken as intermittent leave, unless the employee is entitled or required to coordinate paid leave.

4. Inclusion of Scheduled Overtime.

If an employee normally would be required to work overtime hours, but is unable to do so because of an FMLA/CFRA-qualifying reason that limits the employee’s ability to work overtime, the hours that the employee would have been required to work may be counted against the employee’s FMLA/CFRA entitlement, as the employee would be considered to be using intermittent or reduced schedule leave. For example, if an employee is normally required to work fifty (50) hours in a particular workweek, but because of an FMLA/CFRA-qualifying reason, the employee works only forty (40) hours that week, the employee would use ten (10) hours of FMLA/CFRA-protected leave out of the fifty (50) hour workweek.

5. Conditions for Taking Intermittent or Reduced Schedule Leave (a) FMLA/CFRA leave taken for the employee’s own serious health condition, or the serious health condition of the employee’s spouse, registered domestic partner, parent, or child, or for military caregiver leave, may be taken intermittently or on a reduced leave schedule when medically necessary (as distinguished from voluntary treatments and procedures).

Agenda Item #5.1.

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(b) Military exigency leave may be taken on an intermittent or reduced schedule basis without limitation.
(c) Leave taken following the birth, adoption, or placement or foster care of a child may be taken on an intermittent or reduced schedule basis.

I. Temporary Transfer.

1. Required by the City.

The City may require that the employee temporarily transfer to an available alternative position for which the employee is qualified, and which provides equivalent pay and benefits and that better accommodates recurring leave periods than the employee’s regular position.

2. Requested by Employee.

An employee on intermittent or reduced schedule FMLA/CFRA leave for foreseeable and planned medical treatments may request a transfer to an open and available position for which the employee is qualified, if the duties of that position would better accommodate the employee’s intermittent or reduced schedule FMLA/CFRA leave.

Transfers will not be considered under this Section when the intermittent or reduced schedule FMLA/CFRA leave is unscheduled, such as in the case of chronic conditions.

J. Leave Taken for Baby Bonding. The basic minimum duration of a leave taken for the birth, adoption, or foster care of a child shall be two (2) weeks.

However, the City will also grant two (2) requests for shorter leave periods in the applicable one (1) year period.

K. Employee Notice. Employees requesting leave under the FMLA/CFRA must notify their supervisor in accordance with the rules set forth below.

Employees must provide the supervisor with sufficient information to make the City aware that the employee needs FMLA/CFRA leave, and the anticipated timing and duration of that leave. Supervisors must forward any such requests to the Human Resources Department for review and approval.

1. Foreseeable Events.

An employee must provide the City with at least thirty (30) days advance notice before the date the leave is to begin, or must provide notice as soon as is practicable, normally the same business day or next business day if the employee is off work when the employee learns of the need for leave. If the employee provides less than thirty (30) days advance notice, the City may require explanation of why thirty (30) days advance notice was not practicable.

Agenda Item #5.1.

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(a) In any case in which the need for FMLA/CFRA leave is foreseeable based on one of the circumstances listed below in subsection b., the employee shall make a reasonable effort to schedule any planned medical treatment or supervision so as not to unduly disrupt the operations of the City. However, any such scheduling shall be subject to the approval of the health care provider of the employer or the employee's child, parent, spouse, or registered domestic partner (CFRA only).
(b) The need for leave is considered “foreseeable” when it is taken for any of the following reasons:
(a) Planned medical treatment for a serious health
condition of the employee.
(b) Planned medical treatment for a serious health
condition of a family member.
(c) An expected birth, placement for adoption, or foster care.
(c) If an employee fails to provide the requisite thirty (30) day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the taking of the leave by up to thirty (30) days after the date the employee provides notice of the need for FMLA/CFRA leave.

2. Unforeseeable Events.

If an employee requires FMLA/CFRA leave for an unforeseeable event, the employee is required to provide notice to the City as soon as is practicable.

3. Notice of Intermittent/Reduced Schedule Leave.

The notice requirements for foreseeable intermittent or reduced schedule leaves shall be the same as for other foreseeable leaves, and the notice requirements for unforeseeable intermittent or reduced schedule leave shall be the same as for other unforeseeable leaves.

4. Contents of Notice.

All requests for FMLA/CFRA leave should include the anticipated date(s) and duration of the leave and be sufficient to make the City aware that the employee needs leave under the FMLA/CFRA. The employee must state the reason the leave is needed. When the employee provides notice, it may not contain sufficient information for the City to determine whether the employee’s leave could be for an FMLA/CFRA-qualifying purpose. In such cases, the City may follow up with the employee for additional Agenda Item #5.1.

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information, and the employee is required to respond to the same. However, the employee shall not be required to provide the City with a diagnosis.

5. Changes to Dates of Leave.

The employee must advise the City as soon as practicable when the employee learns that the dates of the FMLA/CFRA leave may change.

6. Requests for Extension.

Any requests for extensions of an FMLA/CFRA leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the FMLA/CFRA leave. If the employee has exhausted their leave entitlement, the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation for the employee's own serious health condition.

L. City Response to a Request for FMLA/CFRA Leave or Request for Extension - Eligibility Notice.

Within five (5) working days of an employee’s request to take FMLA/CFRA leave, the City shall provide the employee with a written Eligibility Notice. The Eligibility Notice is not a designation of the employee being on FMLA/CFRA Leave. The Eligibility Notice shall include the following information:

1. Whether the employee is eligible to take FMLA/CFRA leave. If the employee is ineligible for FMLA/CFRA leave, the notice will include the reason(s) why the employee is ineligible.

2. Whether the employee has exhausted their twelve (12) week FMLA/CFRA entitlement.

3. Whether additional information, such as a medical certification, is required from the employee in order to process the employee’s request for FMLA/CFRA leave or request for extension.

4. The employee’s rights and responsibilities under the FMLA/CFRA will include a statement of whether the employee is required to provide a medical certification or recertification. A statement requiring a medical certification will also advise the employee of the anticipated consequences of their failure to provide adequate notice.

5. If the employee has requested an extension of leave for their own serious health condition but has exhausted their leave entitlement, Agenda Item #5.1.

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the City will advise whether additional leave will be granted as a reasonable accommodation.

M. Medical Certification and Recertification.

Any request for FMLA/CFRA leave for an employee’s own serious health care condition or for FMLA/CFRA leave to care for a family member with a serious health condition must be supported by medical certification from the treating health care provider.

Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. Any request for an extension of FMLA/CFRA leave also must be supported by a medical certification from the treating health care provider.

Again, employees are encouraged to use the City's medical certification to ensure that all pertinent information is obtained.

1. Timing of Request for Medical Certification.

The City will request medical certification:
(a) Within five (5) business days after an employee requests foreseeable leave;
(b) Within five (5) business days after an employee provides notice of an unforeseeable leave, or within five (5) business days after an unforeseeable leave commences, whichever is later; (c) On a later date — if the City has a reason to question the appropriateness or duration of an employee’s leave (FMLA only).

2. Timing for Employee’s Return of the Medical Certification.

All medical certifications and re-certifications must be returned to the City within fifteen (15) days from the City request, regardless of whether the leave is foreseeable or unforeseeable. Exceptions to this may be granted when it is not practicable to provide the certification or recertification within fifteen (15) days, despite the employee’s diligent, good faith efforts to do so.

3. Certification for Serious Health Condition of Spouse, Registered Domestic Partner, Parent, or Child.

The employee must have the patient’s treating health care physician complete a medical certification form when requesting family leave to care for a family member with a serious health condition. Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. (a) Medical Recertification. If the employee requests additional leave beyond the time period which the health care provider originally estimated that the employee needed to take care of the Agenda Item #5.1.

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employee’s child, parent, spouse, or registered domestic partner, the City may request a recertification from the employee.

4. Certification for the Employee’s Own Serious Health Condition. (a) First Opinion. The employee must have their health care physician complete a medical certification form when requesting FMLA/CFRA leave for their own serious health condition.

Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. (b) Second and Third Opinions. If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City’s choosing at the City’s expense. If the employee’s health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City’s expense, performed by a mutually agreeable doctor who will make a final determination that shall be binding on both the City and the employee.
(c) Medical Recertification. The City may request recertification of a medical condition upon the expiration of the time period which the health care provider originally estimated, if additional FMLA/CFRA leave is requested.

5. Certification for an Employee’s Return to Work.
(a) Returning from a Continuous Leave. As a condition of restoration to their former position, an employee taking continuous leave under the FMLA/CFRA is required to provide the City with certification from their health care provider stating that the employee is able to resume their essential work functions. An employee who fails to provide the certification may have their reinstatement delayed.
(b) Returning from an Intermittent or Reduced Schedule Leave.

If the employee is on intermittent or reduced schedule leave, the City may require a fitness for duty certification at fixed intervals not exceeding every thirty (30) days if there are reasonable safety concerns. “Reasonable safety concerns” means a reasonable belief of significant risk of harm to the employee or others.
(c) Contents of Certification. The City will provide the employee with a form and a copy of the employee’s job description for their their health care provider to review in completing the fitness for duty certification, and employees are encouraged to use the City’s Agenda Item #5.1.

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form to ensure that all pertinent information is obtained. The employee must provide a complete and sufficient fitness for duty certification. If the employee’s health care provider releases the employee back to work with restrictions, the City will engage in the interactive process to determine what reasonable accommodation, if any, will permit the employee to return to work in accordance with the ADA and the FEHA.

6. Employee’s Failure to Provide a Medical Certification or Recertification. If the employee fails to timely provide a complete and sufficient medical certification when requested, the request for FMLA/CFRA leave may be denied or delayed until a sufficient certification is provided. Employees will be advised of these consequences in connection with any request by the City for medical certification or recertification.

N. City’s Designation of Leave. Absent extenuating circumstances, within five (5) working days after the City has acquired enough information to determine whether the employee’s request qualifies for FMLA/CFRA leave, the City will provide the employee with a written Designation Notice.

1. Designating Leave as FMLA/CFRA-Qualifying. If the leave is designated as being FMLA/CFRA-qualifying, the Designation Notice will contain, but is not limited to, the following information:
(a) A statement that the leave is being designated as FMLA and/or CFRA leave;
(b) The amount of leave being counted as FMLA and/or CFRA leave, if known;
(c) Whether accrued paid leave will be used during the leave, and that any paid leave used will count as FMLA/CFRA leave; (d) Whether a medical certification will be required to release the employee to return to work; and
(e) Whether a job description or description of essential duties is attached to the Designation Notice for the health care provider to use in completing the medical certification to release the employee to return to work.

2. Unable to Designate. If the City is unable to determine whether the leave requested is FMLA/CFRA-qualifying because more
information is needed, the employee will be informed that the medical certification is incomplete or insufficient, and the City will Agenda Item #5.1.

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provide a list of deficiencies and explain the employee’s opportunity to cure said deficiencies; or a second or third medical opinion is being required.

3. Not Designating Leave as FMLA/CFRA-Qualifying. If the City has determined that the employee’s leave does not qualify as FMLA/CFRA leave, the City will notify the employee in writing that their leave is not being designated as FMLA/CFRA leave, and the reason for the denial.

O. Employment Benefits and Protection.

1. Previously Accrued Benefits and Seniority Status.
(a) Leave under the FMLA/CFRA will not result in the loss of any employment benefits accrued before the date the leave
commenced.
(b) Leave under the CFRA will not constitute a break in service or otherwise cause the employee to lose longevity or seniority, even if other paid or unpaid leave constitutes a break in service for purposes of establishing longevity or seniority, layoff, recall, promotion, job assignment, or seniority-related benefits.

2. No Accrual of Leave or Seniority during Unpaid FMLA/CFRA Leave. (a) An employee on unpaid FMLA/CFRA leave shall not accrue any additional paid leave time. Thus, employees will not accrue vacation leave, sick leave, administrative leave, nor will they be paid for holidays during the unpaid leave.
(b) The time off on unpaid FMLA/CFRA leave shall not count as time worked for purposes of establishing additional seniority for purposes of layoff, recall, promotion, job assignment, and other seniority-related benefits. However, during the time that an employee supplements their unpaid FMLA/CFRA leave with paid leave, the employee will continue to accrue leaves and benefits in accordance with the provisions of the City’s policy governing those leaves of absence (i.e., when coordinating with sick leave, the rules governing sick leave will apply with regard to the employee’s benefits).

3. Maintenance of Health Insurance of the Employee.
(a) Employees will continue to receive the same medical benefits while on FMLA/CFRA leave for up to twelve (12) workweeks in a twelve (12) month period. The City shall be Agenda Item #5.1.

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responsible for the continued payment of the City’s share of the cost of the employee’s health benefits during that twelve (12) workweek period. Benefits for absences beyond the allotted period will be handled in the same manner as benefits for employees on any other type of unpaid leave of absence. (b) An employee who notifies the City that they do not intend to return to work from the FMLA/CFRA leave is not entitled to medical benefits provided by the City as if the employee were on a FMLA/CFRA leave and instead is entitled to the benefits provided to employees who are on an unpaid leave of absence for any other reason.

4. Maintenance of Benefits Requiring Employee Contributions. (a) During any period of unpaid leave, unless otherwise prohibited by applicable law, an employee may elect to discontinue health insurance coverage for the employee, a spouse, registered domestic partner, and/or any dependent(s) as well as any other benefits offered or sponsored by the City to which the employee is required to make monthly contributions. Employees must notify the City in writing of such an election.
(b) An employee will continue to be responsible for making the payment of monthly contributions for which the City has not received advanced notice of election to discontinue. If any premium amounts are increased or decreased for other employees similarly situated, the employee will be required to pay the new premium rates.
(c) All monthly contributions are due and payable to the City at the same time as they would be if made through payroll deduction. (d) If any monthly contributions are not received within thirty (30) days of their due date, the City has the option to either discontinue said benefit(s) or continue said benefit(s) by making the monthly contributions on the employee’s behalf.
(e) Upon the employee’s return to work, the City is entitled to seek reimbursement from him/her for the employee’s share of any monthly contributions made on their behalf.
(f) Employees included in a pension or retirement plan may continue to make contributions in accordance with the terms of the plan during the period of leave. However, the City shall not be required to make plan payments for employees during the leave Agenda Item #5.1.

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period which is unpaid, and the unpaid leave period shall not be counted for purposes of time accrued under the plan.
(g) If the City provides a new health plan or benefits or changes health plans or benefits while an employee is on FMLA/CFRA leave, the City will give written notice to the employee to advise that the employee is subject to the new or changed plan/benefits in the same manner, and to the same extent, as if the employee were not on leave.

5. Failure to Return from Leave. The City may recover the entire premium it paid for maintaining health insurance benefits for an employee during any period of unpaid leave if the employee fails to return to work promptly upon the expiration of a leave for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave or other circumstances beyond their control.

P. Reinstatement.

1. Restoration to Position.

When an employee returns from a leave under the FMLA/CFRA, the employee will be restored to the position held when the leave began, or to a comparable position, with equivalent (i.e. virtually identical) employment benefits, pay, and other conditions of employment.

The duties of the position must be capable of being performed in the same or similar geographic location, and involve the same or substantially similar duties as the position held when leave began, with responsibilities that entail substantially equivalent skill, effort, responsibility, and authority.

2. Denial of Restoration Rights.

The City may refuse to reinstate an employee to their pre-leave position at the conclusion of an FMLA/CFRA leave if the employee’s position and any comparable position have ceased to exist because of legitimate business reasons unrelated to the employee’s FMLA/CFRA leave. In this case, the City shall reasonably accommodate the employee through alternative means that will not cause undue hardship to the City’s operation. The City may offer an employee any other position that is available and suitable. The City is not required to create new employment that would not otherwise be created, discharge or transfer another employee, or promote another employee who is not qualified to perform the job.

3. Opportunity to Fulfill Missed Requirements.

Agenda Item #5.1.

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If an employee is unable to attend a necessary course, renew a license, or is otherwise adversely affected in terms of fulfilling minimum requirements or qualifications for the position as a result of the FMLA/CFRA leave the employee will be given a reasonable opportunity to fulfill those requirements or qualifications upon returning to work from FMLA/CFRA leave.

SEC. 10.3 PREGNANCY DISABILITY LEAVE OR TRANSFER.

A. Eligibility And Duration.

1. 1. Eligibility.
(a) Any employee who is disabled on account of pregnancy, childbirth, or related medical conditions may take a pregnancyrelated disability leave, regardless of the number of hours worked or her length of employment with the City. However, unless an employee has met the eligibility requirements under this Policy, she shall not be subject to the additional terms and conditions that apply to an employee who is eligible for FMLA leave.
(b) An employee’s pregnancy-related disability is not
considered a serious health condition under the CFRA and is not counted against an employee’s CFRA leave eligibility.

2. Amount of Leave Entitlement.

An eligible employee may take a pregnancy-related disability leave for the period of disability, up to four (4) months (an equivalent of 17 1/3 weeks). The pregnancy disability leave shall run concurrently with any family care or medical leave to which the employee may be entitled under the FMLA. An employee is entitled to take off the number of days or hours that the employee would normally work during 17 1/3 weeks of employment. For example, an employee, who regularly works forty (40) hours per week is entitled to take 693 hours of leave, and an employee who regularly works twenty (20) hours per week, would be entitled to 346.5 hours of leave.

3. Temporary Transfer.

Any employee affected by conditions related to pregnancy, childbirth, or related medical conditions is entitled to transfer temporarily to a less strenuous or hazardous position or to less strenuous or hazardous duties upon the certification of the employee’s health care provider that the transfer is medically advisable— if the transfer can be reasonably accommodated.

4. Reasonable Accommodation.

The City will provide reasonable accommodation to an employee who is affected by pregnancy, childbirth, or related medical conditions as required by law.

Agenda Item #5.1.

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B. Use of Accrued Leave.

An employee taking pregnancy-related disability leave must coordinate any available sick leave with her pregnancy-related disability leave. An employee taking pregnancyrelated disability leave may, at her option, coordinate any other accumulated paid leaves, including, but not limited to, vacation time, holiday pay, compensatory time off, or administrative leave with her pregnancy-related disability leave. The paid leave shall run concurrently with the pregnancy-related disability leave, and shall not extend the employee’s entitlement to pregnancy-related disability leave beyond the amount specified in Section 10.3 of this Policy.

1. Coordination with Wage Replacement Plans.
(a) This provision only applies when the employee’s pregnancyrelated disability leave is also designated as a serious health condition under the FMLA. Pursuant to the provisions of the FMLA, if an employee is receiving a wage replacement payment from State Disability Insurance, Short-Term Disability, and/or Long-Term Disability, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary.
(b) If the employee is still receiving SDI benefits when her twelve (12) workweeks of leave under the FMLA expire, the City will require that she begin coordinating any additional accrued sick leave with the wage replacement benefits. The employee may also elect to coordinate all other accrued paid leaves with the wage
replacement benefits.

C. Notice.

An employee should notify her supervisor of her need for pregnancy-related disability leave or transfer as soon as she is aware of the need for such leave.

1. Foreseeable Events. Where the need for pregnancy-related disability leave or transfer is foreseeable, the employee must provide at least thirty (30) days’ advance notice to the City of the need for pregnancy-related disability leave or transfer. If the leave or transfer is required in connection with any planned, nonemergency medical treatment or supervision, the employee shall consult with the City and make a reasonable effort to schedule any such planned medical treatment or supervision to minimize disruption to the City’s operations, subject to the approval of the health care provider of the employee.

Agenda Item #5.1.

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2. Unforeseeable Events. For non-emergency events that are not foreseeable thirty (30) days in advance, or when thirty (30) days’ advance notice is not practicable, the employee must notify the City as soon as practicable under the circumstances, ordinarily within two (2) working days after the employee learns of the need for leave.

3. Notice of Intermittent Leave. In the event that an employee requires intermittent pregnancy-related disability leave, she shall notify the City of the anticipated dates for the absences as much in advance as possible.

4. Failure to Provide Notice. If the employee fails to provide the requisite thirty (30) day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the employee’s right to take the FMLA/CFRA leave for up to thirty (30) days after the date the employee provides notice of the need for pregnancy-related disability leave or transfer.

D. Contents of Notice or Request for Extension.

1. All requests for pregnancy-related disability leave or transfer should include the anticipated timing and duration of the leave or transfer and be sufficient to make the City aware that the employee requires a pregnancy-related disability leave or transfer. Any requests for extensions of a pregnancy-related disability leave or transfer must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the pregnancy-related disability leave or transfer.

2. If the employee has exhausted her leave entitlement under Section

10.3, the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section.

E. Intermittent or Reduced Schedule Leave. Pregnancy-related disability leave can be taken on an intermittent or on a reduced schedule basis when medically advisable, as determined by the employee’s health care provider. The minimum pregnancy-related disability leave increment that can be taken by an employee is fifteen (15) minutes. If pregnancy-related disability is taken on an intermittent or reduced schedule basis and it is foreseeable based on planned medical treatment because of pregnancy, the City retains the discretion to temporarily transfer the employee to an alternative position, for which the employee is qualified, with equivalent pay and benefits, which better accommodates the employee’s leave schedule, but need not have equivalent duties.

Agenda Item #5.1.

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F. City Response to a Request for Pregnancy-Related Disability Leave or Transfer or Request for Extension.

Within five (5) working days of an employee’s request for pregnancy-related disability leave or transfer, the City shall provide the employee with a written Eligibility Notice, which shall conform to the provisions of Section 10.2. The Eligibility Notice shall also inform the employee of her additional rights under the California PDL. If the employee has exhausted her leave entitlement under Section 10.3, the City will advise whether additional leave will be granted as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section.

G. Timing of Certification.

Any request for pregnancy-related disability leave or transfer must be supported by a medical certification from a health care provider.

1. For foreseeable pregnancy-related disability leaves or transfers, employees must provide the required medical certification before the leave/transfer begins. When this is not possible, employees must provide the required certification within 15 days, unless it is not practicable under the circumstances to do so. Failure to provide the required medical certification may result in the denial or delay of foreseeable pregnancy-related disability leaves or transfers until such certification is provided.

2. In the case of unforeseeable leaves, failure to provide the required medical certification within fifteen (15) days of being requested to do so may result in a denial of the employee’s continued leave until certification is eventually provided. Any request for an extension of the leave/transfer must also be supported by an updated certification.

H. Contents of the Certification for Pregnancy-Related Leave. Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability leave to ensure that all pertinent information is obtained. The following information must be included: (1) date the employee became or will become disabled due to pregnancy; (2) the probable duration of the period or periods of disability; and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without undue risk to herself, to the successful completion of her pregnancy, or to other persons.

I. Contents of the Certification for Pregnancy-Related Transfers. Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability transfer to ensure that all pertinent information is obtained. The medical certification for pregnancy-related Agenda Item #5.1.

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transfer shall include: (1) date the employee became or will become disabled due to pregnancy; (2) the probable duration of the period or periods of disability; and (3) an explanatory statement that, due to the disability, the transfer is medically advisable.

J. No Second/Third Opinions Allowed. There will not be a second or third opinion regarding pregnancy-related disability leave or transfer.

K. Return to Work Certification. As a condition of restoration to her former position, an employee taking leave under the FMLA/PDL is required to provide the City with certification from her health care provider stating that she is able to resume her original job duties.

L. City’s Designation of Leave. Once an employee requests pregnancyrelated disability leave or transfer, the Human Resources Director shall notify the employee in writing whether the requested leave or transfer is approved and qualifies as pregnancy-related disability leave or transfer.

This designation shall comply with the provisions of Section 10.3, and shall also inform the employee of any additional rights and obligations under the California Pregnancy Disability Leave Law.

M. Employment and Benefits Protection. The provisions in this Policy regarding employment and benefits protection in connection with FMLA/CFRA leave also apply to all pregnancy-related disability leaves, except that where the City's policy permits employees on paid leave and/or unpaid leave to accrue seniority, employees on paid and/or unpaid pregnancy-related disability leaves shall also accrue seniority.

N. Reinstatement. Upon the completion of the employee’s pregnancyrelated disability leave or transfer period, and upon submission of the return to work notice, the employee shall be returned to the same position she previously held, or to a comparable position as permitted by law.

However, for pregnancy-related disabilities, there is no reinstatement exception for key employees.

SEC. 10.4 MILITARY FMLA LEAVE.

The City provides for two (2) types of military family leave under FMLA and CFRA:
military exigency leave, which is addressed in Section 10.4 A. and military caregiver leave, which is addressed in Section 10.4 B.

A. Military Exigency Leave.

1. Overview.

The City permits employees who have a covered military family member in the Armed Forces (including the National Guard or Reserves) to take up to twelve (12) workweeks Agenda Item #5.1.

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of FMLA leave due to a qualifying exigency resulting from the covered military family member’s active military duty (or call to active duty status) in support of a contingency operation. Leave granted under this Section shall count against the FMLA and CFRA leave granted.

2. Definitions.
(a) Armed Forces. The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves. (b) Covered Active Duty or Call to Active Duty Status. One of the following:
(a) For a member of a regular component of the Armed
Forces, duty during the deployment of the member
with the Armed Forces to a foreign country; or
(b) For a member of a reserve component of the Armed
Forces, duty during the deployment of the member
with the Armed Forces to a foreign country under a
federal call or order to active duty in support of a
contingency operation under a provision of law
referred to in section 10.1(a)(13)(B) of Title 10, United States Code.
(c) Covered Military Family Member.
(a) An employee’s spouse, registered domestic partner,
son, daughter, or parent who is a member of the
Armed Forces and is on Covered Active Duty or Call to
Active Duty Status.
(b) For purposes of this definition only, "son" or
"daughter" means the employee's biological,
adopted, foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, within
the meaning of Section 10.2.D of this Policy,
regardless of age.
(d) Covered Military Family Member's Child.

The biological, adopted, foster child, stepchild, legal ward, or child for whom the Military Family Member stands in loco parentis, within the meaning of Section 10.2.D of this Policy, who is either under the age of 18 or who is aged 18 or older but incapable of self-care because of a physical or mental disability at the time leave under this Section

10.4 is to commence.

Agenda Item #5.1.

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(e) Covered Military Family Member's Parent.

The biological, adoptive, step, or foster father or mother, or an individual who stood in loco parentis, within the meaning of Section 10.2.D of this Policy, to a Covered Military Family Member who was under 18 years of age.

3. Qualifying Reasons for Military Exigency Leave.

Military exigency leave under CFRA can be taken for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, as specified in Section 3302.2 of the California Unemployment Insurance Code. Similarly, military exigency leave under FMLA can be taken for the following non-medical, non-routine activities only:
(a) Short-Notice Deployment Activities. If a Covered Military Family Member receives seven (7) or less calendar days’ notice prior to the date of deployment, an employee may take FMLA leave to address any issue arising from an impending call or order to active duty in support of a contingency operation. The employee may take FMLA leave for up to seven (7) days beginning on the date the Covered Military Family Member receives the notice of impending call or order to active duty.
(b) Military Events and Related Activities. An employee may take FMLA leave to attend any official ceremony, program, or event sponsored by the military that is related to the active duty or call to active duty status of the Covered Military Family Member. An employee may also take FMLA leave to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or American Red Cross that are related to the active duty or call to active duty status of a Covered Military Family Member. (c) Childcare and School Activities. An employee may take FMLA leave for the following reasons, if the reason is necessitated by the Covered Military Family Member’s active duty or call to active duty status, or circumstances arising from it:
(a) To make alternative childcare arrangements of a
Covered Military Family Member’s Child;
(b) To provide childcare for a Covered Military Family
Member’s Child on an urgent, immediate need basis,
but not on a regular, routine, or everyday basis;
Agenda Item #5.1.

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(c) To enroll in or transfer a Covered Military Family
Member’s Child in a new school or day care facility;
and/or
(d) To attend meetings with staff at a school or day care facility, such as regarding disciplinary measures,
parent-teacher conferences, or meetings with school
counselors, for a Covered Military Family Member's
Child.
(d) Financial and Legal Arrangements. An employee may take FMLA leave in order to make or update financial or legal arrangements to address the Covered Military Family Member’s absence while on active duty or call to active duty status; and/or to act as the Covered Military Family Member’s representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the Covered Military Family Member is on active duty or call to active duty status (up to a period of ninety (90) days following the termination of the Covered Military Family Member’s active duty status).
(e) Counseling Activities. An employee may take FMLA leave to attend counseling, provided that:
(a) The need for counseling arises from the Covered
Military Family Member’s active duty or call to active
duty;
(b) Such counseling is provided by someone other than a health care provider; and
(c) The counseling is for the employee, the Covered
Military Family Member, and/or the Covered Military
Family Member’s Child. (Note that if medical
counseling is needed due to a serious health
condition, the employee may be able to take
FMLA/CFRA leave under Section 10.2 instead.)
(f) Rest and Recuperation Activities. If a military member is granted short-term, temporary, rest and recuperation leave during the period of deployment, an employee may take FMLA leave to spend time with the military member. An employee may take FMLA leave for this purpose for up to fifteen (15) working days for each instance of rest and recuperation, beginning on the date the Covered Military Family Member commences each instance of rest and recuperation leave.

Agenda Item #5.1.

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(g) Post-Deployment Activities. An employee may take FMLA leave to attend arrival ceremonies, reintegration briefings, events, and any other official ceremony or program sponsored by the military for a period of ninety (90) days following termination of the Covered Military Family Member’s active duty status. An employee may also take FMLA leave to address issues that arise from the death of a Covered Military Family Member while on active duty status, such as meeting and recovering the body of the Covered Military Family Member.
(h) Parental Care.

An employee may take FMLA leave for care of a Covered Military Family Member's Parent who is incapable of self-care.
"Incapable of self-care" means that the individual requires active assistance to provide daily self-care in three (3) or more of the following activities: caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, or other activities or instrumental activities of daily living.

An employee may take parental care leave for the following purposes when the need arises from the covered active duty or call to active duty of the Covered Military Family Member:
(a) To arrange for alternative care of the Covered Military Family Member's Parent from the existing care
arrangement;
(b) To provide care for the Covered Military Family
Member's Parent on an urgent, immediate need basis
(as opposed to a routine, regular, or everyday basis);
(c) To admit to or transfer to a care facility the Covered Military Family Member's Parent; or
(d) To attend meetings with staff at a care facility, such as meetings with hospice or social service workers, which
are not regular or routine.
(i) Additional Activities.

An employee may take FMLA leave for another form of exigency, provided that:

Agenda Item #5.1.

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(a) The reason for the leave arises out of the Covered
Military Family Member’s active duty or call to active
duty;
(b) The City and the employee mutually agree that such
leave shall be considered taken for a qualifying
exigency; and
(c) The City and employee mutually agree on the timing
and duration of the leave.

4. Employee Notice of Need for Military Exigency Leave
(a) Timing of Notice.

Employees are required to give notice of the need for military exigency leave as soon as practicable under the circumstances
(b) Content of Notice.

Employees are required to provide the City with sufficient information, depending on the situation, to notify the City as to the anticipated timing and duration of the leave, that a Covered Military Family Member is on active duty or call to active duty status, and that one of the qualifying exigencies in Section 10.4 is present. (c) Updates from Employee.

The employee is required to advise the City as soon as is practicable when the dates of leave or other circumstances change.

5. City Response to Notice of Need for Military Exigency Leave.

The City will request any additional, necessary information needed to process the employee’s request and will also follow the procedures set forth in responding to an employee’s notice that they have a need for military exigency leave.

6. Certification of Need for Military Exigency Leave.

The City will request certification of the employee’s need for military exigency leave when it provides notice under Sections 10.2 and/or 10.4, and will provide the employee with a form to complete or an explanation of the information needed. Employees requesting military exigency leave for the first time for a particular active duty or call to active duty are also required to provide the City with a copy of the military member’s active duty orders.
(a) Required Information for Certification.

Agenda Item #5.1.

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(a) A signed statement or description by the employee of the facts supporting the request for leave for one (1) or more of the reasons set forth in this Section and any
available supporting written documentation,
including, but not limited to, meeting announcements,
appointment confirmations, or a copy of a bill for
services.
(b) The approximate date on which the reason for the
leave commenced, or will commence.
(c) The applicable timeframe.
(i) If, for a single, continuous period of time, the
beginning and end dates for the employee's
absence from work;
(ii) If, on an intermittent or reduced schedule
basis, the estimated frequency and duration of
the employee's absences.
(d) For leave involving a meeting with a third party,
appropriate contact information for the individual or
entity, such as name, title, organization, address,
telephone number, fax number, and email address, as
well as a brief description of the purpose of the
meeting.
(e) For leave involving rest and recuperation activities, a copy of the Covered Military Family Member's Rest
and Recuperation orders, or other documentation
issued by the military indicating that the Covered
Military Family Member has been granted Rest and
Recuperation leave and identifying the dates of that
Rest and Recuperation leave.
(b) Timing of City’s Notice of Required Certification. The City will request the certification under the timeframes set forth in Sections 10.2 and 10.4.
(c) Insufficient or Incomplete Certification. Employees are required to provide a complete and sufficient certification. If an employee provides an incomplete or insufficient certification, the City will give the employee written notice of the deficiencies and seven (7) calendar days to cure the deficiencies, unless seven (7) days is not practicable, despite the employee’s diligent, good faith Agenda Item #5.1.

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efforts. The employee’s leave may be denied if the employee fails to provide timely a required certification.
(d) Verification of Certification. The City may verify the employee’s certification by contacting the appropriate Department of Defense unit to verify the military member is on active duty or call to active duty status. If the exigency involves meeting with a third party, the City may contact the entity or individual with whom the employee is meeting to verify the meeting or appointment schedule and the nature of the meeting. The City will not request additional information. No permission from the employee is required for such verification.

B. Military Caregiver Leave.

1. Overview.

An employee who is the spouse, registered domestic partner, son, daughter, parent, or next of kin of a Covered Service member in the Regular Armed Forces, National Guard, or Reserves who has incurred a serious injury or illness in the line of duty while on active duty may take up to twenty-six (26) workweeks in a single twelve (12) month period per covered service member and per injury/illness of the service member. Leave granted under this Section shall run concurrently with the FMLA and CFRA leave granted under Section 10.2 (unless the employee is caring for their “next of kin” who is not covered by the CFRA). Leave granted under this Section shall be included in computing the employee’s twelve (12) weeks of leave granted under the FMLA, so that an employee may not, under any circumstances, exceed twenty-six (26) total weeks of FMLA leave in a rolling twelve (12) month period.

2. Definitions.
(a) Armed Forces.

The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves.
(b) Authorized Health Care Provider.

For purposes of completing the certification, any one of the following may meet the requirement:
(a) United States Department of Defense ("DOD") health
care provider;
(b) A United States Department of Veterans Affairs ("VA") health care provider;
Agenda Item #5.1.

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(c) A DOD TRICARE network authorized private health
care provider;
(d) A DOD non-network TRICARE authorized private
health care provider; or
(e) Any health care provider permitted to provide medical certification under Section 10.2 of this Policy.
(c) Covered Service Member.
(a) A current member of the Armed Forces who is
undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a Serious Injury or Illness; or
(b) A veteran who is undergoing medical treatment,
recuperation, or therapy for a Serious Injury or Illness and who was a member of the Armed Forces, at any
time during the period of five (5) years preceding the
date on which the employee commences FMLA leave
to care for the veteran. If the veteran was discharged
or released under conditions other than dishonorable,
prior to March 8. 2013, the period from October 28,
2009 through March 8, 2013 shall not be counted in
determining whether the veteran's last day of service
falls within the five-year period.
(d) Next of Kin. The nearest blood relative of a Covered Service member (other than their spouse, registered domestic partner, parent, son, or daughter), in the following priority order:
(a) A blood relative designated in writing by the service member as their nearest blood relative for purposes of
military caregiver leave under the FMLA, who, if so
designated, shall be the only next of kin for purposes
of this Policy;
(b) Blood relatives who have been granted legal custody of the service member by court decree or statutory
provisions:
(c) Brothers or sisters;
(d) Grandparents;
Agenda Item #5.1.

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(e) Aunts or uncles; and
(f) First cousins.

If no blood relative has been designated, all blood relatives at the next applicable level of priority shall be considered "next of kin" who may take FMLA leave to provide care for the Covered Service member, either simultaneously or not. (e) Outpatient Status. The status of a Covered Service member who is assigned to a military medical treatment facility as an outpatient, or a unit established for the purpose of providing command and control of members of the military receiving medical care as outpatients.
(f) Parent of a Covered Service member. A Covered Service member's biological, adoptive, step or foster father or mother, or an individual who stood in loco parentis to a Covered Service member.
(g) Son or Daughter of a Covered Service member. A Covered Service member's biological, adopted, foster child, step child, legal ward, or child for whom the Covered Service member stood in loco parentis, within the meaning of Section 10.2.D of this Policy, except that this definition shall apply regardless of the child's age. (h) Serious Injury or Illness.
(a) For a current member of the Armed Forces. An injury or illness incurred by a Covered Service member in the
line of duty on active duty (or that existed before the beginning of the member’s active duty and was
aggravated by service in the line of duty or active duty), and that may render the service member medically
unfit to perform the duties of their office, grade, rank, or rating.
(b) For a veteran who is a Covered Service member.

An injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty) and that manifested itself before or after the member became a veteran; and is one of the following:
(i) A continuation of a Serious Injury or Illness
that was incurred or aggravated when the
veteran was a member of the Armed Forces
Agenda Item #5.1.

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and rendered him/her unable to perform the
duties of their office, grade, rank, or rating; or
(ii) A physical or mental condition for which the
veteran has received a U.S. Department of
Veteran Affairs Service-Related Disability
Rating (VASRD) of fifty (50) percent or greater,
and the VASRD rating is based, in whole or in
part, on the condition precipitating the need
for the military caregiver leave; or
(iii) A physical or mental condition that
substantially impairs the veteran's ability to
secure or follow a substantially gainful
occupation by reason of a disability or
disabilities related to military service, or would
do so absent treatment; or
(iv) An injury, including a psychological injury, on
the basis of which the veteran has been
enrolled in the Department of Veterans Affairs
Program of Comprehensive Assistance for
Family Caregivers.
(i) Veteran. A person who served in the Armed Forces, and who was discharged or released therefrom under conditions other than dishonorable.

3. Terms of Military Caregiver Leave.

Except for the differences set forth in this Section 10.4., the City shall grant military caregiver leave under the same terms that FMLA/CFRA leave is granted under Section

10.2 to care for a parent, spouse, registered domestic partner, or child with a serious health condition.

4. Required Certifications.

The City will provide the employee with a form to complete that certifies the service member’s family relationship, military status, and Serious Injury or Illness. The employee is required to ensure that this form, or an equivalent form containing the information set forth in this Section, is completely and sufficiently completed and returned within the same time periods set forth in Section 10.2 of this Policy. If the employee fails to provide a complete and sufficient form, the City will inform him/her of the deficiencies, and grant the employee at least seven (7) calendar days to cure them. (a) Certification of Family Relationship and Military Status. The City will require proof of the service member’s family relationship to Agenda Item #5.1.

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the employee and proof of the service member's military status for the employee’s first request of military caregiver leave for a particular illness or injury for a particular service member. (b) Certification of Serious Illness or Injury. The City will require certification from an Authorized Health Care Provider that the service member is suffering from a Serious Illness or Injury.

However, the employee will not be required to reveal the service member’s diagnosis.
(a) The Authorized Health Care Provider may base the
certification upon their personal determination and/or
may certify their reliance upon determination(s) made
by an authorized DOD representative or an authorized
VA representative. The certification must also include:
(i) The name, address, appropriate contact
information (telephone number, fax number,
and/or email address) of the health care
provider, the type of medical practice, the
medical specialty, and the basis on which the
person is an authorized health care provider,
as set forth in Section 10.2, above;
(ii) The approximate date on which the injury or
illness commenced, or was aggravated, and
its probable duration; and
(iii) Information sufficient to establish that the
Covered Service member is in need of care,
and addressing the following matters:
i) Whether the need for care is for a
single continuous period, and if so, an
estimate of the beginning and ending
dates, including any time needed for
treatment and recovery;
ii) Whether there is a medical necessity for
periodic care, based on a schedule of
planned medical treatment, and if so an
estimate of the treatment schedule;
iii) Whether there is a medical necessity for
periodic care for reasons other than
planned medical treatment, such as
episodic flare-ups, and if so, an
Agenda Item #5.1.

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estimate of the frequency and duration
of the periodic care.

5. Alternative Certifications
(a) Special Automatic Certification. The DOD may issue a special invitation to a member(s) of a service member’s family when a DOD health care provider has determined that the injury or illness is serious enough to warrant the immediate presence of a family member at the service member’s bedside. If the DOD issues an invitational travel order (“ITO”) or invitational travel authorization (“ITA”) for “medical purposes” to any member(s) of the service member’s family (even if the employee’s name is not on it), the ITO or ITA constitutes automatic certification of military status and Serious Injury or Illness for the period of time specified in the ITO or ITA for the employee to take leave on either a continuous or intermittent basis, and the City will not require further certification of those matters for the specified period of time. However, in this circumstance, the City may still require proof of the covered family relationship between the employee and the service member. The ITO or ITA is in effect for the duration specified on it. If the employee wishes to request leave to care for a Covered Service Member beyond the period of time specified in an ITO or ITA, he/she must submit additional certification in accordance with Section 10.2 above.
(b) Documentation of Enrollment in Department of Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers. As another alternative to the certification required, the City will accept as sufficient certification documentation of the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers, whether or not the employee is the named caregiver in the enrollment documentation. However, the City may still require proof of the covered family relationship between the employee and the service member. The City may also require proof of the service member's date of discharge and proof that the service member's discharge was other than dishonorable.

6. Authentication and Clarification. The City may seek authentication and clarification of a certification issued this Section, of an ITO or ITA, or of documentation of enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

7. Second and Third Opinions. No second or third opinions of the service member’s Serious Illness or Injury will be sought from an Agenda Item #5.1.

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Authorized Health Care Provider who meets the criterion set forth in this Section; however, the City may request a second or third opinion by an Authorized Health Provider who meets the criterion in

10.5. No second or third opinions will be sought regarding an ITO or ITA for the period of time specified in the ITO or ITA.

8. Recertification. No recertification of the service member’s Serious Illness or Injury will be sought.

9. Administrative Delays in Issuance of Military Documents. When an employee is unable to submit required documentation within the timeframe required under Section 10.3, despite their diligent, good faith efforts to obtain such documents, the City will not delay or deny leave on the grounds of such administrative delay.

SEC. 10.5 EMPLOYEE RESPONSIBILITIES AND DUTY TO COOPERATE

1. Employees are expected to fully cooperate with the City in meeting the obligations and requirements set forth under this Policy, as well as those set forth in state and federal law. An employee’s cooperation includes, but is not limited to, timely completion of all requested forms and responding to all inquiries for additional information. Cooperation also requires that an employee respond to the City’s inquiries for information to determine whether the employee is requesting leave under the FMLA, CFRA, and/or PDL.

Employees are also required to consult with the City and make a reasonable effort to schedule foreseeable treatments so as to not unduly disrupt the City’s operations. Employees on family care or medical leave must respond to the City’s reasonable inquiries and keep the City updated as to the status of the employee’s family care or medical leave.

2. Failure to cooperate with the City or failure to meet the employee’s responsibilities may result in a delay in granting the employee’s leave, a denial of leave, and/or a denial of the protections and benefits afforded by the FMLA, CFRA, and/or PDL. Employees who have questions about their responsibilities under this Policy should direct their inquiries to the Human Resources Department.

RULE 11. LAYOFF/SEPARATION/RETIREMENT
SEC. 11.1 ELIMINATION OF POSITIONS
Decreased public interest or changes in the City's operational or fiscal priorities may result in the elimination or curtailment of a public service activity which may therefore require the layoff of one or more employees.

Agenda Item #5.1.

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SEC. 11.2 LAYOFF PROCEDURE
Whenever, in the judgment of the City, it becomes necessary, due to the lack of work, lack of funds, or other economic reason, or because the necessity for a position no longer exists, the City Council may lay off any employee from a position. The said layoff shall not be subject to appeal.

Employees laid off shall be given at least fourteen (14) calendar days’ notice, and impacts bargaining with represented employee groups will occur as required by law.

Whenever there is a reduction in the work force, the City Manager shall first transfer the employee to a vacancy, if any, in any non-promotional position for which the laid-off employee is qualified. In order for the employee to retreat to a lesser position, the employee must request displacement action in writing, explaining the employee’s qualifications, to the City Manager within five (5) working days of receipt of the layoff notice. Employees retreating to a lesser position shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the position from which the employee was laid off.

Temporary, seasonal, and regular employees shall be laid off according to the needs of the service as determined by the City Manager.

In cases when there are two or more regular positions with the same job description from which the layoff is to be made, it shall be the City Manager’s responsibility to consider the following criteria before making a discretionary determination regarding order of layoff:

A. Overall tenor of past evaluations (evaluations in the most recent sixty (60) days prior to layoff are excluded);
B. Seniority; and
C. Input from the affected department supervisor.

SEC. 11.3 RESIGNATIONS
Resigning employees shall be required to file a written resignation stating the effective date and reason(s) at least two (2) weeks prior to leaving the City’s service, unless the time limit is waived by the City Manager. The effective resignation date should be the last day the employee actually worked. The resignation shall be forwarded to the HR.

SEC. 11.4 TERMINATIONS
The City Manager may terminate:

A. Employees at any time while they are on probation.

Agenda Item #5.1.

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B. Employees in the exempt service at any time. This authority applies only to those exempt employees the City Manager has the authority to appoint.

C. Employees for disciplinary purposes in accordance with Rule 13, to the extent applicable.

SEC. 11.5 EXIT INTERVIEW
Any person leaving the City Service may be interviewed by the City Manager or designee. The purpose of the interview shall be to allow the City Manager to receive and give the employee an opportunity to provide their candid observations of the City employment in order to help improve personnel management and departmental functioning.

SEC. 11.6 BENEFITS AT SEPARATION
When an employee is separated for any reason, all benefits shall end as of the date of termination, with the exception of the employee’s health benefits, which may continue through the end of the month in accordance with the rules of the applicable health benefits provider. Any accrued and unused vacation shall be paid out at separation. In the event an employee has received any advance of vacation and used more than the employee accrued prior to their separation date, the amount of the un-accrued but used vacation shall be deducted from the employee’s final compensation, except as otherwise required by law.

RULE 12. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES/CONTRACTS AND

CONFLICTS OF INTEREST/CODE OF ETHICS
SEC. 12.1 OUTSIDE EMPLOYMENT
During the employees’ work day, they are expected to devote full attention to their prescribed duties. Outside of their working hours, employees may engage in outside employment, enterprise or activity (collectively "outside employment') under the following circumstances only:

1. They notify the Department Director prior to beginning outside employment, providing sufficient information for the Department Director to determine whether the outside employment is consistent with this Rule.

2. The Department Director shall assess whether any of the following factors are involved in the proposed outside employment:
(a) Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course Agenda Item #5.1.

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or hours of employee’s City employment as a part of employee’s duties as a City employee; or
(b) Performance of an act in other than the employee’s capacity as a City employee which act may later be directly or indirectly subject to the control, inspection, review, audit, or enforcement by such employee or the department by which the employee is employed; or
(c) Conditions or factors which are likely to directly or indirectly lessen the efficiency of the employee in the employee’s regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee; or
(d) Use of City time, facilities, equipment, and supplies, prestige, influence, or confidential information of the employee’s City office or employment for private gain or advantage; or
(e) Solicitation of future employment with any person or business entities doing business with the City over which the employee has some control or influence in employee’s official capacity at the time of the transaction.

3. The Department Director will approve proposed outside employment that they determine does not:
(a) conflict with or is not incompatible or inconsistent with the employee's City responsibilities, including performance of overtime and emergency duties and any other aspect of City operations;
(b) lessen the effectiveness of the employee; and
(c) create a conflict of interest.

4. The Department Director shall advise the employee in writing as to whether the outside employment is approved or prohibited.

5. An employee may submit a written appeal to the City Manager within fourteen (14) days from the employee’s receipt of the Department Director’s written determination that a proposed outside employment is prohibited. The written appeal shall specify the grounds on which the employee challenges the Department Director’s determination and shall include an attachment with all relevant documentary evidence for the appeal. The City Manager shall issue a written decision to the employee within fourteen (14) Agenda Item #5.1.

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days from the date of the meeting. The decision of the City Manager shall be final.

An employee with approved outside employment must notify the Department Director within one (1) working day regarding any changes to the terms or conditions of the outside employment that may have a potential adverse effect on the application of one or more of the factors under Section 12.1.

Employees shall be subject to disciplinary action pursuant to Rule 13 for violation of this Rule, including, but not limited to, failure to disclose outside employment, failure to provide timely updates regarding changes to outside employment, and intentional inclusion of material mis-statements or exclusion of material information in the employee’s description of the outside employment.

SEC. 12.2 POLITICAL ACTIVITIES
Employees may not solicit political funds or contributions from other employees while on duty or on City property, nor may any employee participate in political activities while on duty or while in any uniform which would represent the City.

SEC. 12.3 CONTRACTS AND CONFLICTS OF INTEREST
No City employee can be financially interested in any contract made by him/her in their official capacity, or by anybody or board of which he/she is a member. All employees of the City are required to adhere to applicable local, state, and federal conflict of interest requirements and prohibitions, including but not limited to the provisions of Article 4 of Title 1, Division 4, Chapter 1 of the Government Code.

SEC. 12.4 CODE OF ETHICS
Employees of the City at all levels are guardians of public trust. Employees are required to be impartial and responsible in the fulfillment of their duties. The citizens and customers of St. Helena expect and must receive the highest standard of ethics from all those in public service, regardless of personal consideration.

1. Responsibilities of Public Service
All employees shall uphold the Constitution of the United States, the Constitution of the State of California, and to comply with Federal, State, and Local laws and City Policies.

Recognizing the special responsibilities of serving the City and its citizens and customers, employees are required to maintain the highest standards of integrity and honesty, and they are expected to treat all members of the public and fellow City employees with respect, courtesy, concern, and responsiveness. The conduct of employees in both their official and private affairs should be above reproach to assure that their City position is not used for personal gain.

Agenda Item #5.1.

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In addition, all employees shall comply with all applicable provisions of California law governing public employees and officials, particularly the California Political Reform Act and its provisions on gifts and conflicts of interest.

2. Use of Confidential Information
City employees shall not use confidential information acquired by or available to them in the course of their employment with the City for personal gain or for personable, nonCity business related reasons.

3. Use of City Employment and Facilities for Personal Gain All employees shall not engage in any activity which results in any of the following:
(a) Use of time, facilities, equipment, supplies, funds, or other resources of the City for the private advantage or gain for oneself or another or for campaign related political activities; (b) Use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others;
(c) Disclosure or use of official information that is not available to the general public for private advantage or gain for oneself or another; and/or
(d) Use of the authority of their position with the City to discourage, restrain, or interfere with any person who chooses to report potential violations of any law or regulation.

No employee shall directly or indirectly accept:
(a) Private advantage, remuneration, or reward for oneself or another as a result of the prestige or influence of the City office, employment, or appointment;
(b) Financial consideration from any source other than the City for the performance of their official duties, except for stipends received as representatives on boards, commissions or committees at a local, regional, or state level; or
No employee shall give special treatment or consideration to any individual or group beyond that available to any other individual or group.

No employee shall discriminate against or harass a citizen or co-worker on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military and veteran status, and/or any other category protected by federal and/or state law.

Agenda Item #5.1.

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All employees shall conduct themselves in a courteous and respectful manner at all times during the performance of their duties.

4. Reporting of Improper Activities
The City has a responsibility to conduct its affairs ethically and in compliance with the law. City employees and persons in City service are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State, or Federal law with their immediate supervisor or another management employee within the employee’s department. Employees may also contact the City Manager or Human Resources department.

5. Enforcement.

In addition to any other penalty as provided by law, any employee found to be in violation of the Code of Ethics shall be subjected to appropriate disciplinary action, up to an including, employment termination.

RULE 13. DISCIPLINARY ACTIONS
SEC. 13.1 CAUSES
A. Disciplinary measures may be taken for any good and sufficient cause.

The extent of the Disciplinary Action taken shall be commensurate with the offense provided that the prior employment history of the employee may also be considered pertinent. Cause may include, but is not limited to, the following:

1. Violation of City Personnel Rules, ordinances, regulations, rules, and/or administrative policies and procedures; or of standards established under California or federal law;

2. Failure to maintain job performance standards or to properly perform assigned duties;

3. Theft of, harm to, or waste of City property or the personal property of another;

4. Lack of workplace and job-related cooperation;

5. Insubordination;

6. Dishonesty;

7. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties;
Agenda Item #5.1.

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8. Unauthorized absence from employment or excessive absenteeism;

9. Tardiness;

10. Failure to maintain satisfactory working relationships with other employees or the public;

11. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;

12. Assault, battery, or fighting while on duty or under the guise of office;

13. Gambling on City property or during working hours;

14. Sleeping on the job or leaving the job without authorization;

15. Improper use of City funds;

16. Acceptance of bribes or extortion;

17. Unauthorized use of City property;

18. Falsification of records, including information provided on an application for employment or on time sheets;

19. Failure to properly care for City property;

20. Acceptance of any gift, (other than as provided for by written City policy) reward or other form of compensation in addition to compensation for performance of official duties;

21. Carelessness or negligence;

22. Misuse or failure to maintain any employment qualification;

23. Discourteous treatment of the public or fellow employees;

24. Disorderly conduct or horseplay;

25. Failure to comply with safety standards;

26. Interfering with the work performance of others;

27. Abuse of leaves of absence, including sick leave; and/or

28. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City.

Agenda Item #5.1.

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B. Reduction in Pay. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure are not disciplinary measures and do not trigger any rights of appeal under this Rule.

SEC. 13.2 AUTHORITY FOR DISCIPLINARY ACTIONS
Department Directors and/or the City Manager shall have authority to take Disciplinary Action.

Temporary or part-time employees may be discharged by the Department Head. A fulltime employee may be discharged only by the City Manager. Department Heads may be discharged only by the City Manager, with the exception of the Fire Chief as provided in the Municipal Code.

The Human Resources Department shall be notified of any contemplated Disciplinary Action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Department may be notified as soon as possible subsequent to the time the action is taken.

SEC. 13.3 TYPES OF DISCIPLINARY ACTION
A. Lesser Disciplinary Action.

1. Oral Reprimand. Oral reprimand as a Disciplinary Action means the employee is informed of their poor performance verbally by their supervisor. The employee shall have no right to prior notice and no right of appeal.

2. Written Reprimand. Written reprimand as a Disciplinary Action means an official notification of the employee that there is cause for dissatisfaction with their services and that further disciplinary measures may be taken if said cause is not corrected. Reprimand notices shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any appeal hearing. The employee shall have no right to prior notice and no right of appeal, but shall have a right to attach a response that will be included with the reprimand in the personnel file.

3. Suspension Without Pay For Less Than Five (5) Working Days.

Suspension without pay shall be a temporary separation from City service. Prior to the imposition of the suspension without pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the suspension without pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the suspension Agenda Item #5.1.

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without pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.

4. Reduction In Pay. Reduction for a time period equivalent to less than a five (5) working day suspension. Reduction in step within range as a disciplinary measure is the withdrawal of increments granted for merit, efficiency and length of service. The maximum reduction in pay that may be given for any one Disciplinary Action shall be two (2) steps within the range for that class. Reduction in pay shall become effective on the first of the month following the effective date of the Disciplinary Action. Prior to the imposition of the reduction in pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the reduction in pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the reduction in pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.

B. Serious Disciplinary Actions. Serious Disciplinary Actions require due process as set forth in Rule 13.4. Serious Disciplinary Actions include the following:

1. Reduction in range equivalent to a five (5) or more working day suspension without pay.

2. Suspension without pay for five (5) or more working days, but not more than thirty (30) working days. Suspension without pay shall be a temporary separation from City service.

3. Demotion without consent as Disciplinary Action, shall be a reduction in classification or rank, with reduction in salary.

4. Dismissal means the discharge of an employee from the City service on the initiative of the employee’s supervisor. Such termination of employment shall be permanent.

SEC. 13.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS
A. Notice of Proposed Disciplinary Action. In instances of serious Disciplinary Actions as defined in Section 13.3, employees shall receive a written notice of proposed Disciplinary Action.

1. The notice of proposed Disciplinary Action shall state the proposed Disciplinary Action and the effective date and specific reasons for the proposed Disciplinary Action.

Agenda Item #5.1.

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2. The notice of proposed Disciplinary Action shall include copies of all written materials supporting the proposed action.

3. The notice of proposed Disciplinary Action shall inform the employee of their right to respond, either orally or in writing, to the City Manager, as appropriate, within five (5) working days of the date of the notice of proposed Disciplinary Action if it was personally delivered, or within seven (7) working days of the date of the notice of proposed Disciplinary Action if it was delivered by United States mail. If the employee requests to respond orally to the notice of the proposed Disciplinary Action, the City Manager, as appropriate, shall schedule a meeting as soon as possible.

B. Notice of Decision. After review of the employee’s timely written response, if any, or following the conclusion of the meeting, the City Manager shall issue and deliver to the employee a Notice of Decision which shall be a written statement of the decision to uphold, modify, or reject the proposed Disciplinary Action. Such action to be taken may not include discipline more severe than that described in the notice of proposed Disciplinary Action. Absent an agreed extension of time, the Notice of Decision shall be served within seven (7) working days after the receipt of the written response or the conclusion of the meeting, whichever is later.

C. Disciplinary Appeal Hearing.

1. Right to a Disciplinary Appeal Hearing. Any employee who has received a Notice of Decision imposing serious Disciplinary Action shall be entitled to request an evidentiary appeal of the imposition of discipline.

2. Requesting a Disciplinary Appeal. An employee wishing to appeal the imposition of a serious Disciplinary Action shall initiate the appeal by filing a written request with the City Manager within five (5) working days of the date of the Notice of Discipline if it was personally delivered, or within seven (7) working days of the date of the notice of imposition of discipline if it was delivered by United States mail. The request shall be addressed to the City Manager, and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the employee. All disciplinary appeal hearings shall be conducted in private unless the employee requests a public hearing.

3. Scheduling the Disciplinary Appeal Hearing with the City Council.

The City Manager shall schedule the disciplinary appeal hearing to take place at the closed personnel session at the next regular Agenda Item #5.1.

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meeting of the City Council, if so desired, the City Council may meet earlier by calling a special meeting.

4. Representation and Employee Appearance at Disciplinary Appeal Hearing. The employee is entitled to be represented by counsel or other representative at the disciplinary appeal hearing. However, an employee who requests a disciplinary appeal hearing must be present during the disciplinary appeals hearing. Failure to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for their failure to be present within three (3) working days from the date the employee fails to appear.

D. Conduct of Disciplinary Appeal Hearings. The City Council, at its sole discretion may elect to have a neutral hearing officer conduct the appeal hearing. The proceedings before the City Council or hearing officer, as applicable shall be conducted as follows:

1. All parties shall have the following rights:
(a) To call and examine witnesses under oath;
(b) To introduce exhibits;
(c) To cross examine opposing witnesses on any matter relevant to the issue, even if the matter is not covered in the direct examination;
(d) To impeach any witness regardless of which party first called him/her to testify;
(e) To rebut the evidence against them; and
(f) To present oral and written arguments

2. The City shall have the burden of proof, and the burden shall be by the preponderance of the evidence.

3. The hearing shall not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. The City Council’s decision shall not be invalided by any informality in the proceedings.

Agenda Item #5.1.

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4. Hearsay evidence may be used for the purpose of explaining any direct evidence but shall not be sufficient in and of itself to support a finding unless it would be admissible over objections in civil actions.

5. The City Council or hearing officer shall not take testimony from one (1) party outside the presence of the other.

6. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

7. Irrelevant evidence and unduly repetitious evidence shall be excluded.

8. The City Council or hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence.

9. The City Council or hearing officer shall have the power to exclude any witnesses.

E. Issuance of Decision.

Within thirty (30) days after the close of the hearing (which shall not occur prior to completion of a reporter’s transcript, if requested by either party), a written statement of decision, containing findings of fact and conclusions of law, shall be issued by the City Council or hearing officer. If the hearing is conducted by a hearing officer, the hearing officer’s decision shall be advisory to the City Council, and the City Council shall have the discretion to accept or reject the hearing officer’s decision. The City Council shall have the authority to affirm, revoke, or reduce the Disciplinary Action imposed against the employee. The City Council may not provide for discipline more stringent that than that imposed by the City Manager.

If the City Council declines to accept the findings and conclusions made by the hearing officer, the City Council must review the record or provide for an additional opportunity to be heard, after which it may adopt the findings and conclusions made by the hearing officer, or adopt its own findings and conclusions.

The City Council’s decision constitutes a final resolution of any Disciplinary Action and no further appeal shall be permitted within the City’s administrative process. A copy of the City Council decision shall be provided to the employee and shall be made public at the next public session of the City Council.

Notwithstanding the above, the City Council shall not have binding authority to add, modify, or subtract from the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. Further, the City Council shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or Agenda Item #5.1.

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benefits not specifically provided for in the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. The City Council shall not have the authority to require the City to perform any other action that would violate state or federal laws.

F. Judicial Review.

An employee may seek judicial review of the final decision by the City Council in accordance with Section 1094.5 of the California Code of Civil Procedure by filing a petition for a writ of mandate. Section 1094.5 of the Code of Civil Procedure requires that the petition writ of mandate must be filed not later than the ninetieth (90th) day following the date on which the City Council’s decision becomes final.

SEC. 13.5 ADMINISTRATIVE LEAVE WITH PAY
An employee may be placed on an Administrative Leave with Pay temporarily to allow the City time to fully investigate the facts of an alleged violation, while the Disciplinary Action is in process, or when the City Manager or Human Resources Director determine that it is in the best interests of the City.

The employee on Administrative Leave with Pay must be reasonably available by telephone during their normal working hours (subject to adjustment, as provided below) and able to report to the City within sixty (60) minutes if directed to do so. An employee’s normal working hours may be altered while on Administrative Leave with Pay to correspond with the City’s typical business hours. When an employee is placed on Administrative Leave with Pay during this investigation, the employee may be directed not to discuss the alleged violation or the Disciplinary Action with anyone, except a legal or employee association representative of their choice. Failure to remain reasonably reachable by telephone or to report to the City within sixty (60) minutes of being directed to do so shall be considered insubordination, and could result in additional Disciplinary Action. The employee shall be informed that communicating with others, except a legal or employee association representative of their choice, about a pending investigation constitutes insubordination and is a separate and independent ground for discipline.

SEC. 13.6 TIME EXTENSIONS
Any time limitations or requirements as set forth under this Rule may be extended or changed by mutual written agreement of the parties.

SEC. 13.7 DELIVERY OF NOTICES
When notice is required under this Rule, the notice shall be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by placing the notice in the United States mail, first Class, postage paid, and by traceable overnight delivery service (FedEx or equivalent) in an envelope addressed to the employee’s last known home address. It shall be the Agenda Item #5.1.

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responsibility of the employee to inform the City, in writing, of their current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address”. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee.

RULE 14. GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 14.1 ESTABLISHMENT
These procedures are established in order to provide adequate opportunities for employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction.

SEC. 14.2 SCOPE OF PROCEDURES
The procedures set forth in this Rule shall apply to all employee complaints and grievances, as defined herein, except where other methods have been specifically prescribed in these Rules, such as in the matters of dismissal, demotion and reduction, or in an applicable memorandum of understanding between the City and an exclusive representative of a unit or unit of employees.

SEC. 14.3 DEFINITIONS
A. Complaint. An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inaction.

B. Complaint Procedure. The process by which a determination is made as to whether or not a wrong has been committed. Complaints may not be filed over matters for which there is a separate appeal, which are subject to the grievance procedure, or which are expressly excluded from the grievance procedure pursuant to Section 14.3.

C. Grievance. An expressed claim by an employee that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in a resolution, memorandum of understanding, or these Rules. Specifically excluded from the grievance procedures are the following:

1. Performance evaluations;

2. Deferred merit salary increases;

3. All Disciplinary Actions;

4. Probationary dismissals upon original appointment or rejection from probation;
Agenda Item #5.1.

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5. Policy decisions of the City Council, including but not limited to resolutions, ordinances and minutes orders;

6. Complaints under the jurisdictions of Workers’ Compensation law or Occupational Injury law or the applicable procedures for such complaints;

7. Transfer to another Position in the same classification without a loss of pay; and

8. Matters for which there is a separate investigation procedure or appeal process, including, but not limited to, the harassment prevention policy and disciplinary action.

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

SEC. 14.4 COMPLAINT PROCEDURE
A. Step 1. The employee shall discuss any complaint with their immediate supervisor within ten (10) working days after the employee knew, should have reasonably known, of the circumstances which for the basis of the alleged complaint. Grievances not timely raised shall be deemed waived.

The immediate supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible. The immediate supervisor shall issue a written decision to the employee within five (5) working days from the date of their meeting with the employee.

B. Step 2. If the action taken by their immediate supervisor is not satisfactory, the employee shall submit their complaint in writing to the City Manager within ten (10) working days of receipt of the immediate supervisor’s written decision. The City Manager or designee shall meet and discuss the complaint with the employee within five (5) working days of their receipt of the complaint. The City Manager or designee shall have twenty (20) days from the date of their meeting with the employee to issue a decision. The decision of the City Manager or designee is final.

SEC. 14.5 GRIEVANCE PROCEDURE
A. Step 1. Responsibility of Employee / Informal Resolution. The employee shall inform, in writing, their immediate supervisor of their grievance and relevant facts within five (5) working days after the employee knew, or reasonably should have known, of the circumstances giving rise to the grievance. The immediate supervisor shall hold discussions and attempt to resolve the matter after the employees has presented their grievance.

Within ten (10) working days of receiving the grievance, the immediate supervisor shall give the employee a written reply after the discussions. It Agenda Item #5.1.

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is the intent of this informal meeting that at least one personal conference be held between the employee and their immediate supervisor.

B. Step 2 Department Head Review. If the grievance is not satisfactorily resolved in Step 1, the grievant must submit their grievance in writing to the Department Head within ten (10) working days after receiving their immediate supervisor’s response. The statement must include the following:

1. A concise statement of the grievance including specific reference to any law, policy, rule, regulation and/or instruction deemed to be violated, misapplied or misinterpreted;

2. A full explanation of the circumstances involved;

3. The decision rendered by the immediate supervisor at Step 1;

4. The specific remedy sought by the grievant.

The Department Head or their designee shall take such review and investigative action as they deem necessary and hold a meeting with the grievance. The Department Head or their designee shall inform the grievant of their decision in writing within ten (10) days after receiving the grievance.

C. Step 3 City Manager Review. If the grievance is not satisfactorily resolved in Step 2, the grievant must present their grievance in writing to the City Manager within ten (10) working days after receiving their Department Head’s written decision. The statement must include the following:

1. A concise statement of the grievance including specific reference to any law, policy, rule, regulation and/or instruction deemed to be violated, misapplied or misinterpreted;

2. A full explanation of the circumstances involved;

3. The decision rendered by the department head at Step 2;

4. The specific remedy sought by the grievant. The City Manager or their designee shall take such review and investigative action as they deem necessary and inform the grievant of their decision in writing within ten (10) days after receiving the grievance. Prior to issuing the written decision, the City Manager shall schedule a meeting with the employee to discuss the matter. The City Manager’s decision will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest. The decision of the City Manager or their designee is final. Time limits for appeal shall begin the day following receipt of written decision. Within the Agenda Item #5.1.

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above time limits, either party may request a personal conference with the other.

SEC. 14.6 GENERAL PROVISIONS
A. No retribution or adverse employment action shall be taken against employees because of their use of the grievance or complaint procedures.

B. All documents, communications and records dealing with the processing of grievances and complaints shall be filed separately from personnel files.

C. Failure by the City at any step of this procedure to communicate the decision on the grievance or complaint within the specified time limits shall permit the grievant or complainant to proceed to the next step.

D. The grievant or complainant shall be present at all steps of the procedure.

E. Failure at any step of these procedures to appeal a decision on a grievance or complaint within specified time limits shall be deemed acceptance of the decision rendered by the employee.

F. The time limits specified at any step in this procedure may be extended by mutual written agreement of the City and grievant or complainant.

G. The original grievance or complaint shall accompany all requests for institution of the next step in the grievance or complaint procedure.

H. Communication with the grievant or complainant shall be processed by personal signed receipt of documents, or by email with a reply confirming receipt, or by traceable overnight delivery service (FedEx or equivalent).

RULE 15. POLICY AGAINST WORKPLACE VIOLENCE
SEC. 15.1 OBJECTIVES
The City is strongly committed to ensuring the safety of all employees. Consistent with this policy, acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect employees will not be tolerated, and will be subject to appropriate Disciplinary Action, up to and including termination. The following are the objectives of the City:

A. To ensure that all workplace threats and violent behavior are addressed promptly.

B. To ensure that the level of physical and facility security in City workplaces is sufficient to protect the health and safety of employees.

Agenda Item #5.1.

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C. To ensure that all employees are appropriately trained in workplace security, diffusing hostile situations, and steps to take during an emergency incident.

D. To ensure that all Disciplinary Action taken for behavior prohibited under this Rule is reviewed, evaluated, and administered consistently and equitably throughout the City, and done so in a timely manner.

SEC. 15.2 THREATS OR ACTS OF VIOLENCE DEFINED
A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. General examples of prohibited workplace violence include, but are not limited to the following:

A. Threatening to harm or harming an individual or their family, friends, associates, or their property.

B. Fighting or challenging another individual to a fight.

C. Intimidation through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing.

D. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, text messages, or other correspondence.

E. Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City.

F. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat to the individual and causes the individual to fear for their safety, or the safety of their immediate family, as defined in Civil Code section 1708.7.

G. Making a suggestion or otherwise intimating that an act to injure persons or property is appropriate behavior.

H. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on City property. This includes “look-alike” weapons, such as toy guns. Weapons and dangerous devices may include, but are not limited to the following: blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives having a blade longer than three and one-half (3½) inches, folding knives having a blade that locks into place, razor blades, and clubs.

I. Use of a personal or City-issued tool or other equipment in a threatening manner toward another.

Agenda Item #5.1.

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SEC. 15.3 REPORTING WORKPLACE VIOLENCE
Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to their supervisor or other appropriate person in the chain of command. Should the employee perceive that they are in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act or imminent violent act, the employee shall whenever possible:

A. Place themselves in a safe location.

B. If appropriate, call the Police Department or 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed.

C. Inform the Human Resources Department or the City Manager of the circumstances.

D. Complete a written report as soon as possible and submit the original copy to the Human Resources Department.

E. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws.

SEC. 15.4 REPORTING POTENTIAL FUTURE WORKPLACE VIOLENCE Employees who have reason to believe they or any employee may be the subject of a violent act in the workplace or as a result of their City employment, should immediately notify the Human Resources Department or the City Manager.

SEC. 15.5 VIOLATION OF RULE
The City’s prohibition against threats and acts of violence applies to all persons in the City operation, including but not limited to City personnel, contract and temporary workers, customers, and anyone else on City property. Violations of this Rule by any individual may be followed by legal action as appropriate, which may include, but is not limited to, seeking a temporary restraining order and/or injunction on behalf of employees if the situation warrants such action. In additional to appropriate legal action, violations of this Rule by employees, including making a false report under this Rule, may lead to appropriate Disciplinary Action pursuant to Rule 13, up to and including termination.

Agenda Item #5.1.

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RULE 16. POLICY AGAINST HARASSMENT, DISCRIMINATION, RETALIATION, AND

ABUSIVE CONDUCT
SEC. 16.1 GENERAL POLICY
The City is committed to providing a work environment that is free of discrimination, harassment, and retaliation. In keeping with this commitment, the City maintains a strict policy prohibiting harassment, including sexual harassment and takes reasonable steps to promptly correct discriminatory, harassing, and retaliatory conduct. This policy prohibits harassment in any form, including verbal, physical and visual harassment by or against any employee, intern, volunteer, applicant for employment, or vendor, or guest.

This policy applies to all of the City's activities, wages, reviews, leaves, training, benefits, and all other conditions and terms of employment.

As a general guideline, harassment can be avoided if employees act professionally and treat each other with respect.

SEC. 16.2 PURPOSE OF POLICY
Federal and state law expressly prohibit discrimination and harassment of employees or applicants based upon race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age (40 and over), sexual orientation, sex, gender, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by applicable state or federal law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.

The purpose of this policy is to establish a means to protect employees, applicants for employment, or guests from harassment. Additionally, this policy enforces the City's long-standing policy that all employees, applicants for employment, and guests should be able to enjoy a work environment that is free from all forms of unlawful discrimination or harassment. Discrimination, harassment, and retaliation constitute misconduct that can decrease work productivity, decrease morale and cause emotional and physical damage. Incidents of discrimination, harassment, or retaliation can result in serious economic implications such as high turnover, ineffective use of time during working hours, costly salaries paid for nonproductive work hours, and employee absences due to hearings and meetings related to discrimination, harassment, and retaliation complaints.

The further purpose of this Policy is to define and forbid discriminatory, harassing, and retaliatory conduct, to prohibit the condoning or perpetuating of such conduct, and to provide an efficient means for reporting and resolving complaints of discrimination, harassment, or retaliation against any individual who reports discrimination, harassment, or retaliation or who participates in an investigation of such reports.

Agenda Item #5.1.

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SEC. 16.3 DEFINITION OF TERMS
A. Employee. An employee refers to any individual under the direction and control of the City under any appointment or contract of hire or apprenticeship, express or implied, oral or written. For purposes of this Policy, the term “employee” includes any individual who is an unpaid intern or volunteer of the City. The inclusion of any individual, including but not limited to unpaid interns and volunteers, in the definition of “employee” for purposes of this policy should not be interpreted to affect the applicability of any other policy or procedure of the City.

B. Legally Protected Category/Legally Protected Characteristic. Race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age (40 and over), sexual orientation, sex, gender, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other protected basis under state, federal or local law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.

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

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

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

3. Singling out or targeting an individual for different or less favorable treatment because of their Legally Protected Category or Characteristic.

D. Harassment. Harassment is any verbal, visual, or physical conduct based on an employee’s membership in a Legally Protected Category, the perception that an employee in a member of a Legally Protected Category, or the employee’s association with individuals in a Legally Protected Category, or perception that an individual has one or more of these Legally Protected Categories, that creates an intimidating, hostile or otherwise offensive working environment. Such conduct constitutes harassment when:

Agenda Item #5.1.

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

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

3. The harassment unreasonably interferes with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job, or creates an intimidating, hostile, or offensive work environment.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s Legally Protected Characteristic.

Harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, or harassment by third parties doing business with or for the City.

E. Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature all may constitute sexual harassment when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job, or creating an intimidating, hostile or offensive working environment.

This definition includes potential forms of offensive behavior, such as the following:

1. Unwanted sexual advances.

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

3. Verbal sexual advances or propositions.

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

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

Agenda Item #5.1.

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

Sexual harassment includes many forms of offensive behavior and may include harassment of a person of the same or opposite sex as the harasser.

Sexual harassment need not be motivated by sexual desire. Sexual harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, harassment by a subordinate, or harassment by third parties doing business with or for the City.

F. Abusive Conduct. Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests, even when not due to an employee’s Legally Protected Category or Characteristic. It may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.

Workplace bullying, including off-duty cyber-bullying of employees, is strictly prohibited. While abusive conduct and bullying are not per se unlawful, such conduct does violate City policy and will not be tolerated.

G. Retaliation. Taking adverse action against any employee because of (1) the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination, harassment, retaliation, or abusive conduct or (2) because of the employee’s participation in an employment discrimination, harassment, or retaliation investigation, proceeding, or hearing, or (3) because of such opposition or participation by a family member or close associate of the employee.

1. Protected Opposition. Protected opposition to perceived discrimination, harassment, retaliation, or abusive conduct includes, but is not limited to, threatening to file a discrimination, harassment, or retaliation complaint with any federal or state agency, or court, or complaining or protesting about alleged discrimination, harassment, retaliation, or abusive conduct to a supervisor, manager, co-worker, or other official. Protected opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights. Opposition not made in good faith, or made in a manner which disrupts the workplace, or which constitutes an unlawful activity, or which includes badgering or threatening of employees or supervisors is not protected.

Agenda Item #5.1.