Tripepi Smith Agreement – August 2023
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile, email, or first class mail, addressed as follows:
To City:
To Consultant:
City Manager
1088 College Avenue
St. Helena, California 94574
Tripepi Smith
Attn: Ryder Todd Smith
15642 Sand Canyon Ave, #52152
Irvine, CA 92619
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.
SECTION 32 – SPECIAL PROVISIONS
Agenda Item #9.4.
Tripepi Smith Agreement – August 2023
This Agreement is subject to the following special provisions: none.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: Ryder Todd Smith Name: Anil Comelo
Title: President Title: City Manager
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #9.4.
1 Proposal for General Communications Support
CITY OF ST. HELENA
August 2023
By: Ryder Todd Smith, Co-Founder and President
Pricing Valid until August 31, 2023
Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 2 Proposed Scope of Work
Twice-a-Month Account Management & Content Planning
To coordinate our efforts with City Staff and sustain momentum on projects, Tripepi Smith will schedule a recurring, 30-minute, twice-a-month conference call that will include a designated lead for our engagement.
These check-in calls will help drive content planning for various communications channels, including website articles, press releases and social media posts and stories. Call content will focus on story plans, new issues or concerns that need to be communicated, identification of major themes or ideas to address in the coming weeks, review of recent media mentions and social media comments and sharing of communication opportunities uncovered. This will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call. After each call, the client will receive an action summary email about decisions made on the phone call and related action steps. We will produce written work in a shared workspace where the City can see our progress in real-time and provide instant feedback as needed. These tools allow for enhanced collaboration and expedite the production process.
Biweekly City Newsletter Support
Tripepi Smith will compile and distribute an every-other-week digital newsletter consisting of content produced by the City from each month’s City Manager weekly reports, press releases, and other communications priorities identified by City stakeholders. Tripepi Smith will handle all graphic design and layout. Licensing fees for images are not included and will be passed through. Alternatively, the City can provide owned photographs and imagery to use in the newsletter.
Social Media Management
Content Creation: Social media content creation involves: planning, fact-checking, graphic design, content creation and scheduling the post. Tripepi Smith will create a four posts per week and distribute them on up to five (5) platforms (Facebook, Instagram, Twitter, LinkedIn, Nextdoor).
Additional: Our work also includes optimizing social media accounts to boost performance and keeping up to date on the latest social media platform updates and options. Boosted posts and targeted ads are also helpful in disseminating information to community members, and Tripepi Smith is fully capable of running and tracking these paid campaigns (fees to be agreed upon and paid by the City).
Social Media Translation: Tripepi Smith will translate each post to Spanish and distribute the translated version in conjunction with the English content.
Trimester Strategy Meetings
The Tripepi Smith team meets three times a year with key stakeholders: department heads/senior staff, City Manager’s Office team, etc. as determined by the City Manager’s Office, for a maximum of 1.5 hours each meeting. The main goal during these meetings is that each department identifies key communication Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 3 opportunities and wins to celebrate in the next 6-12 months. We document all this into a shared spreadsheet/editorial calendar that then serves as a roadmap for the organization to track communications opportunities–or to hand off to the communications team to execute. The exercise breaks down barriers between departments and often helps senior staff recognize communications opportunities they were simply unaware of before. The process also includes Tripepi Smith preparing and giving a presentation that covers notable communications wins to review what has worked well. We conduct these meetings on a trimester basis to refresh our 12-month calendar and stay apprised of the upcoming communication priorities.
Additionally, Tripepi Smith will curate a content calendar with staff that can be shared with media contacts.
Agreement Terms and Cost Proposal
Retainer Scope
Deliverable Notes
Account Management and Twice-a-Month Strategy
Discussions
Two check-in calls (30 minutes each) per month.
Social Media Management Copy and graphics for up to 4 posts/week.
Includes Spanish translation.
Biweekly Digital Newsletter Support Compilation and distribution of every-other-week newsletter in Constant Contact.
Trimester Strategy Meeting Conduct a strategy meeting every 4 months, including strategic analysis and reporting from
the Tripepi Smith team, as well as content
development planning with key stakeholders.
Total: $5,000 / month
Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 4 Retainer Billing
Tripepi Smith will invoice the City on the 15th of each month. This rate reflects a discount on priced services, carrying Tripepi Smith’s FY 22-23 rates through April 30, 2024.
The City should also anticipate that Tripepi Smith makes annual rate adjustments each year on the contract anniversary. The terms noted on the Annual Increase below will be applicable to an anniversary of May 1st unless a new agreement is struck with new terms.
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the Western Regional CPI index–whichever is higher-each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period.
Retainer Discounted Time and Materials Rates
When client monthly retainers exceed six-thousand-five-hundred dollars ($6,750) a month, they have access to our reduced Hourly – Retainer rates noted below. Otherwise, any ad hoc work done outside the scope of the Retainer would be at the Hourly – Standard rates.
Ad Hoc - Add-on Options:
If the need arises for any additional ad hoc services, Tripepi Smith is ready to provide those services and is providing our hourly rates for the full array of our resources to support City communication efforts. Examples of these ad hoc projects include but are not limited to video production, photography services, virtual meetings/events, website development and a wide array of graphic design and branding services. Select communication items identified as potential needs by the St. Helena team are outlined in greater detail below.
Story Drafting & Press Relations
Tripepi Smith can draft news articles, press releases and/or official statements. The City would direct the allocation of stories with Tripepi Smith’s suggestions, making internal subject matter experts available to provide background when needed. Additionally, this assumes the City would provide a media and external agencies notification list for use by Tripepi Smith where a press release scenario is desired. The City would also facilitate timely approval of quotes in the release when connected with City Staff. Tripepi Smith will maintain contact with media in the local area.
Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 5 Website Content Management
Tripepi Smith has an experienced team of cloud webmasters to assist with technical website updates as well as staff equipped to develop compelling public agency website content. The team has experience with Granicus, CivicPlus, OpenGov, CivicLive, Revize, WordPress and more.
Crisis Communications and Strategic Advice
Tripepi Smith can be on standby to assist with emergency communications support and public relations services. This can include coordinating with the media, providing real time updates to the public via digital platforms and coordinating internal information to then share with the public through means provided by the City Manager’s Office.
Stock Photo Shoot
Tripepi Smith’s photography services include project management of shoot logistics and preferred locations/shots as well as the photographer staffing and equipment. Tripepi Smith photographer will travel to site, manage and conduct post-shoot editing, and delivery to client photo portal.
With Drone: Tripepi Smith has a dedicated team of drone operators and equipment that can capture photo/video content in approved airspaces.
Communications & Strategy for Council Initiatives
Tripepi Smith is experienced in assisting with special projects and larger initiatives that may involve extensive community outreach (ex: redistricting/district formation, ballot measure outreach, SB 1383 implementation), including but not limited to dedicated support with written content production, social media, digital ad creation and placement, animated video creation, informational mailer creation, etc.
Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 6 Time & Materials (Ad Hoc) Work
Tripepi Smith’s FY 22-23 hourly rates (listed below) will be available to the City for any out of scope services provided.
Title Hourly - Standard Hourly - Retainer
Principal $330 $275
Director $220 $185
Art/Creative Director $220 $185
Senior Business Analyst $175 $150
Business Analyst $120 $100
Junior Business Analyst $95 $80
Senior Videographer/Animator $175 $150
Senior Photographer $160 $135
Senior Graphic Designer $160 $135
Graphic Designer $120 $100
Junior Graphic Designer $95 $80
Web Developer $175 $150
Drone Operator $175 $150
Photographer $120 $100
Time and Materials Billing
This rate reflects a discount on priced services, carrying Tripepi Smith’s FY 22-23 rates through April 30, 2024. The City should anticipate that Tripepi Smith makes annual rate adjustments each year on the contract anniversary. The terms noted in the Annual Increase will be applicable to Ad Hoc service rates with an anniversary of May 1st unless a new agreement is struck with new terms.
Any requested ad hoc work will be invoiced at the end of the month in which the work was done. Terms are net 30 days.
Fixed price project work will be invoiced per the above noted payment schedule. This will also be net 30 days.
Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 7 Time & Materials Billing Increments
For ad hoc work, time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours.
Other Costs
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement that we want to tell you about.
Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the City for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s applicable Hourly Rate.
Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production.
As such, in those cases, the following rates apply:
Title Half Day Full Day
Video Equipment $350 $550
Drone Equipment N/A $500
● Five-hundred-fifty dollars ($550) for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. ● Three-hundred-fifty dollars ($350) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the Town prior to the fee being assessed.
● Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).
Service Fees
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:
Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience.
Agenda Item #9.4.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 8 Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.
Media Placement: Tripepi Smith can help liaise on behalf of the Town for advertising space within various mediums, such as newspapers, magazines or websites.
Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations.
Tripepi Smith Partnership Discounts
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:
● PublicCEO
Digital news about public affairs, reaching over 10,000 California government executives https://www.publicceo.com
● Civic Business Journal
Digital interest stories about the people in local government https://www.civicbusinessjournal.com
● FlashVote
Planning, implementing, measuring civic surveys
https://www.flashvote.com
● TS Talent Solutions
Talent search services for local government and related agencies https://www.tstalentsolutions.com/
Agenda Item #9.4.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: August 8, 2023
FROM: Mario Traverso, Public Works Assistant Engineer
SUBJECT: Consideration and adoption of a Resolution: (1) Awarding the St. Helena Sewer Inspection Project City Capital
Improvement Project No. S24-01 to APS Environmental in the amount of $318,700.00; (2) Authorizing a budget adjustment of an additional $146,505 to project S24-01; (3) Authorizing the City Manager to execute the Contract with APS
Environmental; (4) Authorizing the Director of Public Works to approve Change Orders not to exceed 15% of the contract amount; (5) Determining the project to be exempt from the requirements of the California Environmental Quality Act (CEQA).
RECOMMENDED
ACTION:
Adopt the attached resolution and authorize the execution of a contract with APS environmental and authorize a budget amendment for needed additional funds to complete the CIP project as approved.
PREVIOUS COUNCIL
ACTION:
The Sewer Inspection Program is a component of the City Council approved 5-year Capital Improvement Program (CIP) FY 2023-2028.
STATEMENT OF THE
PURPOSE:
To award the consultant services contract for the ClosedCircuit Television (CCTV) Inspection Program, Phase I to APS Environmental.
FINANCIAL IMPACT: The Sewer Inspection Project will be the first project to be delivered with funds provided through the 2022 General
Obligation (GO) Bond. This project is identified in the first GO Bond allocation with an estimated budget of $220,000. This is the estimated cost to have the inspection performed on 25% of the City's sanitary sewer system per the City's Integrated Utility Master Plan (IUMP). The City opted to solicit proposals requesting to have the inspection performed on the entire sanitary sewer system to reduce costs and allow for more comprehensive analysis. The allocation of additional funding is permitted within the GO Bond policies.
Estimated Project Costs
APS Construction Contract $ 318,700
Contingency $ 47,805
Agenda Item #9.5.
Estimated Total Project
Cost $ 366,505
Funding Sources
Budgeted General
Obligation Bond $ 220,000
Additional General
Obligation Bond $ 146,505
Total Funding Request $ 366,505
BACKGROUND:
The Integrated Utility Master Plan (IUMP) is a comprehensive engineering report detailing the City's water, sanitary sewer and storm water utility infrastructure. The IUMP provides in-depth analysis of the existing conditions and provides the strategy to develop a more sustainable and resilient utility infrastructure. The IUMP outlines a workplan composed of numerous projects that have been identified to address deficiencies and increase resilience. The St. Helena Sewer Inspection Project S24-01 was developed in accordance with the IUMP, and is a foundational component of the strategy to address the City's sanitary sewer infrastructure needs.
The Sewer Inspection Project is comprised of two components. First, manholes and pipelines are thoroughly cleaned to dislodge and remove sediment and debris. Second, robotic cameras are deployed to inspect and document the condition of sanitary sewer manholes, mainlines and service lateral pipelines. The documentation is analyzed and used to identify needed repairs and to scope future rehabilitation projects.
The Sewer Inspection Project consists of the cleaning and inspection of 115,000 linear feet of sewer pipeline and 400 manholes. This project is anticipated to be completed within 120 days of the issuance of the notice to proceed.
DISCUSSION:
The Five-Year Capital Improvement Program for Fiscal Years 2023-24 to 2027-28 adopted by City Council on June 13, 2023 approved a total of $220,000 for the Sewer Inspection Project S24-01 (Closed-Circuit Television (CCTV) Inspection Program, Phase I). The project bid documents were compiled by City staff and approved by the Public Works Director.
On June 19, 2023, the City issued a Request for Proposals for the St. Helena Sewer Inspection program. The Request for Proposals was posted on the City's website and area contractor plan rooms and exchanges. On Thursday July 20, 2023 at 2:00 pm the City received six sealed proposals which were publicly opened at City Hall. All proposals are provided by reputable, licensed firms and are complete and competitive. The lowest responsive bid was $318,700 provided by APS Environmental of North Highlands, California.
Agenda Item #9.5.
The results are as follows:
Company Total
APS Environmental, North Highlands $318,700.00
Champion Cleaning Specialists, Cincinnati $340,350.00
Pro-Pipe Inc.,Irvine $439,150.00
Pipeline Services, Roseville $487,400.00
Pipe and Plant Solutions Inc., San Leandro $648,714.00
ATC Enviro, Dixon $909,434.25
The City considers the solicitation successful having received six competitive bids. APS Environmental is the lowest responsible, responsive bid, and holds a valid Class A & C42 Contractor’s License No. 985553 in the State of California, with no enforcement actions listed. Their license expires on 7/31/2025.
ENVIRONMENTAL REVIEW: This action is not considered a project under CEQA.
DOCUMENTS ATTACHMENTS:
Attachment 1 - Draft Resolution
Attachment 2 - APS Environmental Contract DRAFT
Agenda Item #9.5.
CITY OF ST. HELENA
RESOLUTION NO.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ST.
HELENA (1) AWARDING THE
ST. HELENA SEWER
INSPECTION PROJECT CITY
CAPITAL IMPROVEMENT
PROJECT NO. S24-01 TO APS
ENVIRONMENTAL IN THE
AMOUNT OF $318,700.00; (2)
AUTHORIZING A BUDGET
ADJUSTMENT OF AN
ADDITIONAL $146,505 TO
PROJECT S24-01; (3)
AUTHORIZING THE CITY
MANAGER TO EXECUTE THE
CONTRACT WITH APS
ENVIRONMENTAL; (4)
AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO
APPROVE CHANGE ORDERS
NOT TO EXCEED 15% OF THE
CONTRACT AMOUNT; (5)
DETERMINING THE PROJECT
TO BE EXEMPT FROM THE
REQUIREMENTS OF THE
CALIFORNIA
ENVIRONMENTAL QUALITY
ACT (CEQA).
RECITALS
A. The Integrated Utilities Master Plan
outlines a workplan composed of
numerous projects that have been
identified to address deficiencies and
increase resilience.
B. The St. Helena Sewer Inspection
Project Capital Improvement Program
Agenda Item #9.5.
No. S24-01 was developed in
accordance with the Integrated Utilities
Master Plan and is a foundational
component of the strategy to address
the City's sanitary sewer infrastructure
needs.
C. The Five-Year Capital Improvement
Program for Fiscal Years 2023-24 to
2027-28 adopted by City Council on
June 13, 2023 approved a total of
$220,000 for the Sewer Inspection
Project S24-01 (Closed-Circuit
Television (CCTV) Inspection Program,
Phase I).
D. This project is identified in the first GO
Bond allocation with an estimated
budget of $220,000 with scope to
include the inspection on 25% of the
City's sanitary sewer system per the
City's Integrated Utility Master Plan
(IUMP) however an inspection
performed on the entire sanitary sewer
system will reduce costs overall and
allow for more comprehensive analysis.
E. On June 19, 2023, the City issued a
Request for Proposals for the St. Helena
Sewer Inspection program and
received six sealed proposals all
provided by reputable, licensed
firms and are complete and
competitive.
F. The lowest responsive bid was
$318,700 provided by APS
Environmental of North Highlands,
California.
G. The Sewer Inspection Project will be the
first project to be delivered with funds
provided through the 2022 General
Obligation (GO) Bond.
RESOLUTION
Agenda Item #9.5.
NOW, THEREFORE, the City Council of the
City of St. Helena resolves as follows:
(1) Authorize award of the St. Helena
Sewer Inspection Project City Capital
Improvement Program Project No. S24-
01 to APS Environmental in the amount
of $318,700.00;
(2) Expand the scope of the project from
25% inspection to 100% inspection
allowed under the Go Bond policies,
authorize a budget adjustment of an
additional $146,505 to CIP project S24-
01 for FY23-24;
(3) Authorize the City Manager to execute
the Contract with APS Environmental;
(4) Authorize the Director of Public Works
to approve Change Orders not to
exceed 15% of the contract amount;
(5) Determine the project to be exempt from
the requirements of the California
Environmental Quality Act (CEQA).
Approved at a Regular Meeting of the St.
Helena City Council on August 8, 2023, by the
following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________
________________________
Paul Jamison Dohring, Mayor Cindy
Tzafopoulos, City Clerk
Agenda Item #9.5.
Agenda Item #9.5.
Agenda Item #9.5.
Agenda Item #9.5.
APS Environmental Inc.
6643 32nd Street Ste 101
North Highlands CA 95660 APS Environmental Inc.
Agenda Item #9.5.
Agenda Item #9.5.
Agenda Item #9.5.
Agenda Item #9.5.
APS Environment Steven Hunt 7/19/23
Agenda Item #9.5.
Agenda Item #9.5.
Agenda Item #9.5.
APS Environmental Steven Hunt 7/19/23
Agenda Item #9.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: August 8, 2023
FROM: April Mitts, Assistant City Manager
SUBJECT: Consideration and Proposed Approval of a Resolution: (1) Approving the Adoption of the City of St. Helena's 2023 Updated Employee Handbook Superseding Prior Version(s)
of the Handbook; and (2) Repealing and Rescinding any
Previous Council Policies or Administrative Memoranda
regarding: Employee Computer Loan Program, P-FI-0007
Grant Application and Management Policy, P-FI-0012 City Procurement Card Policy, P-FI-0013 Fraud Policy, P-FI-0014 Accounts Payable Payment Processing Policy, P-FI-0015
Fuel Card Policy, P-FI-0017 Cash Control Policy, and P-FI0019 Disconnection of Water Service for Non-Payment.
RECOMMENDED
ACTION:
Staff recommends the City Council approve the attached
resolution.
PREVIOUS COUNCIL
ACTION:
Resolution
#
Date
Approved Document Name
2002-122 09-10-
2002
Employee Computer Loan
Program
2016-38 03-22-
2016
P-FI-0007 Grant Application
and Management Policy
2018-14 02-13-
2018
P-FI-0012 City Procurement
Card Policy
2018-53 05-09-
2018 P-FI-0013 - Fraud Policy
2018-146 10-23-
2018
P-FI-0014 - Accounts Payable
Payment Processing Policy
2018-28 03-13-
2018 P-FI-0015 - Fuel Card Policy
2018-147 10-23-
2018
P-FI-0017 - Cash Control
Policy
2020-39 04-28-
2020
P-FI-0019 - Disconnection of
Water Service for NonPayment Policy
2021-6
01-12-
2021 Employee Handbook
Agenda Item #9.6.
STATEMENT OF THE
PURPOSE:
Improve organizational efficiencies and follow best practices by transitioning certain City Council Policies to Administrative Policies.
FINANCIAL IMPACT: None
BACKGROUND:
Over the years, the City Council has adopted various Council policies and provided direction to staff to review, amend, and present to City Council any recommended changes to Policy. As the City continues to embark on improved efficiencies in accordance with Goal 7 - Organization Effectiveness and Service Delivery, City staff is currently in the process of reviewing all Administrative and City Council adopted policies.
Staff is recommending certain City of St. Helena City Council policies be updated as well as transition to Administrative policies (under City Manager authority). This change is being recommended for the following reasons:
1. As directed by City Council through Goal 7 - Organization Effectiveness and Service Delivery;
2. Follow best practices;
3. Current process is cumbersome to update/change so many policies are outdated or obsolete; and
4. Improved efficiencies.
The process of reviewing all City policies, Administrative and City Council, will take time and it is expected policy alignment will be done in several phases. Additionally, on January 12, 2021, City Council adopted via Resolution 2021-6 the current Employee Handbook, which is a comprehensive 191 page document. As with any document, there are certain typographical and formatting errors which need correcting and there are certain areas in which titles have changed or been updated since its adoption. Because the current employee handbook contains both Administrative and Council policies, this document will take the most time to separate into distinct categories. Additionally, since there are many items incorporated into the Handbook that affect the City's recognized bargaining groups and certain aspects require meet and confer. While the Administrative policies do not require meet and confer, since the City will be updating its Handbook, all updates presented have been sent to the bargaining groups asking if they would like to meet and discuss any of the changes prior to taking to City Council for consideration.
None of the bargaining groups requested to meet.
DISCUSSION:
As stated in the background section, the process of reviewing all policies will take time and it is expected policy alignment will be done in several phases. The first phase is a review of the policies contained in the Administrative Services Department. Links to the current policies can be accessed through the City's website at:
https://www.cityofsthelena.org/finance/page/policies.
Agenda Item #9.6.
Table 1 provides a summary of the recommended policies to be updated to an Administrative policy from a Council policy.
Table 1 - Summary of Administrative Policy Recommendations Current Location Policy # Policy Name
Council Policy P-FI-0007 Grant Application and Management Council Policy P-FI-0012 City Procurement Cards
Council Policy P-FI-0013 Fraud Policy
Council Policy P-FI-0014 Accounts Payable Payment Processing Council Policy P-FI-0015 Fuel Card Policy
Council Policy P-FI-0017 Cash Controls
Council Policy P-FI-0019 Disconnection of Water Service for NonPayment Employee Handbook Rule 19 Use of Electronic Communications Employee Handbook Rule 20 Vehicle Use and Accident Reporting Employee Handbook Rule 22 Employee Reimbursement and Travel Employee Handbook Rule 23 Cash Advances and Credit Card Use Employee Handbook Rule 25 Social Media Policy
Employee Handbook Rule 26 Injury and Illness Prevention Program Employee Handbook Rule 27 Fraud Prevention and Detections Employee Handbook Rule 28 Volunteer & Internship
Resolution Reso. 2002-
122 Employee Computer Purchase Program
Additionally, there were several clerical/administrative updates to the Employee Handbook. The following are provided as attachments:
1. Attachment 1 - Summary of the recommended updates to the Employee Handbook.
2. Attachment 2 - Redlined version of the Employee Handbook
3. Attachment 3 - Clean version of the Employee Handbook
4. Attachment 4 - Resolution 2002-122
Council Policies referenced in Table 1 can be found using the following link to the City's website: https://www.cityofsthelena.org/finance/page/policies.
DOCUMENTS ATTACHMENTS:
Attachment 1 - Summary Worksheet
Attachment 2 - 2021 Employee Handbook - REDLINED
Attachment 3 - 2023 Employee Handbook Clean
Attachment 4 - 2002-122 Continuing Employee Computer Loan Program Attachment 5 - Resolution
Agenda Item #9.6.
Formatting
Update
Titles/Department as
Previously
Authorized by City
Council
Update Pronouns
Move from CC
Policy to Admin
Policy
Other
General Provisions: Applicability Rule 1
Section 1.2 Update last paragraph to remove the word, "Pre" - 1st sentence. X General Provisions: Delegation of Authority Rule 1
Section 1.5
Remove Human Resources & IT Director and replace with Administrative Services Director
X
General Provisions: Distributioon of Personnel
Policies
Rule 1
Section 1.11
Remove the line, "Copies also shall be available in the Human Resources Department"
Move towards
Electronic Only
General Provisions: Definition of Terms Rule 1
Section 1.14.B.25
Add: Assistant City Manager, Change Planning Director to Community Development Director, and update Finance Director to Administrative Services Director
X
General Provisions: Definition of Terms Rule 1
Section 1.14.B.32 Update language to say, "The Administrative Services Director" X General Provisions: Non-Discrimination Rule 1
Section 1.15.B.1, 2, 7 Update language to say, Human Resources (drop Department) X Classifications Rule 2.
Sections A. & J. Update language to say, Human Resources (drop Department) X Applications, Recruitment and Examanations:
Vacancies
Rule 4
Section 4.1.C. Update language to say, Human Resources (drop Department) X Applications, Recruitment and Examanations:
Announcements of Vacancies/Acceptance of
Applications
Rule 4
Section 4.2.B Update language - remove "he or she" and update to they X Applications, Recruitment and Examanations:
Announcements of Vacancies/Acceptance of
Applications
Rule 4
Section 4.2.I Remove referal to applications will be available in the HR Office. Move towards Electronic Only Applications, Recruitment and Examanations Rule 4
Section 4.3.D.1.(a) Update language to say, Human Resources (drop Department) X Applications, Recruitment and Examanations Rule 4
Section 4.3.G. Update language to say Administrative Services Director (from HR Director) X Appointments: Nepotism Rule 5
Section 5.6.E. Update language to say, Human Resources (drop Department) X Appointments: Nepotism Rule 5
Section 5.6.F.1.
Update language to say, Human Resources Division and Administrative Services Director
X
Appointments: Nepotism Rule 5
Section 5.6.F.2
Update, "he or she" to, "they" and update HR Director to Administrative Services Director
X
Appointments: Nepotism Rule 5
Section 5.6.F.3 Update language to say, Administrative Services Director X Appointments: Nepotism Rule 5
Section 5.6.G.1., 2., 3.,5., 6. Update language to say, Administrative Services Director X Appointments: Nepotism Rule 5
Section 5.6.H. Update language to say, Human Resources (drop Depatment) X Appointments: Consensual Romantic
Relationships Between Employees
Rule 5
Section 5.7.D., E., F. Update language to say, Administrative Services Director X Performance Reports: Policy Rule 7
Section 7.1 Update language to say, Administrative Services Director X Handbook Section: Subsection
Update Summary
Current Location Notes
Agenda Item #9.6.
Formatting
Update
Titles/Department as
Previously
Authorized by City
Council
Update Pronouns
Move from CC
Policy to Admin
Policy
Other
Handbook Section: Subsection
Update Summary
Current Location Notes
Performance Reports: Time for Reporting Rule 7
Section 7.3.A Update language to say, Human Resources (drop Depatment) X Performance Reports: Distribution of Reports Rule 7
Section 7.5 Update language to say, Human Resources (drop Depatment) X Performance Reports: Performance
Improvement Plan
Rule 7
Section 7.7.G. & H.
Formatting error - last sentenance in G. should be moved to a new line as "H" and the current "H" should change to "I" X
Leaves of Absence: Holidays Rule 9
Section 9.1
Critical component was excluded from the 2021 Handbook in error as to how part-time employees are paid for work on the the holidays.
Correct omission
to align with
current practice
Leaves of Absence: Vacation Rule 9
Section 9.2.C. Formatting error, "Head" should be capitalized in, "Department Head" X Leaves of Absence: Sick Leave Rule 9
Section 9.3.E.2. Update language to say, Human Resources (drop Depatment) X Leaves of Absence: Bereavement Leave Rule 9
Section 9.4.B. Update to 5 days Update to State Law
Leaves of Absence: Military Leave Rule 9
Section 9.5
Update to say Administrative Services Director (from Administrative Services Manager) X
Leaves of Absence: Jury Duty Rule 9
Section 9.6 Update to say Human Resources (drop Department) X Leaves of Absence: Voting Leave Rule 9
Section 9.7 Update from, "him/her" to "them" X
Leaves of Absence: Unauthorized Leaves of
Absence and Failure to Return from Leave
Rule 9
Section 9.11.B. Update to say Adminstrative Services Director X Leaves of Absence: Fitness for Duty Rule 9
Section 9.15.C. Update from, "him/her" to "them" X
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: FMLA/CFRA Leave
Rule 10
Section 10.2.K. Update to say Human Resources (drop Department) X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: FMLA/CFRA Leave
Rule 10
Section 10.2.M.5.(c) Remove the extra word, "their" X
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: FMLA/CFRA Leave
Rule 10
Section 10.2.O.4.(e) Update from, "him/her" to "the employee" X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: FMLA/CFRA Leave
Rule 10
Section 10.2.P.3.
Formatting. Title is in the incorrect font and should be underlined and not bolded X
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Pregnancy Disability Leave or Transfer
Rule 10
Section 10.3.A.1.(a)
Remove "1." it is in there twice. Update "her" to "their" and update "she" to "they" X X
Agenda Item #9.6.
Formatting
Update
Titles/Department as
Previously
Authorized by City
Council
Update Pronouns
Move from CC
Policy to Admin
Policy
Other
Handbook Section: Subsection
Update Summary
Current Location Notes
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Pregnancy Disability Leave or Transfer
Rule 10
Section 10.3.B. Update, "her" to "their" (2 times in this section) X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Pregnancy Disability Leave or Transfer
Rule 10
Section 10.3.C.
Section 10.3.C.3.
Section 10.3.D.2.
Section 10.3.F.,H., K.,N.
Update pronouns in each of the listed sections X
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Pregnancy Disability Leave or Transfer
Rule 10
Section 10.3.L Update to say Administrative Services Director - from HR Director X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.4.A.3.
Formatting - It appears there is a different Font size and the first paragraph is not justified X
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.4.A.4.(a) Missing period at end of sentence X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.4.B.2.(d).(b). Formatting, should be a ";" instead of a ":" X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.4.B.2.(h).(b).(i-iv) Formatting, need to justify X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.4.B.4 Replace "him/her" with "them" X
Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.4.(b).(a).(i-iii) Formatting, need to justify X Family Care and Medical Leave, Pregnancy
Disability Leave, and Military Family Leave
Policy: Military FMLA Leave
Rule 10
Section 10.5.2 Update to Human Resources (drop department) X Layoff/Separation/Retirement: Resignations Rule 11
Section 11.3 Change HR to Human Resources and delete "the" X Agenda Item #9.6.
Formatting
Update
Titles/Department as
Previously
Authorized by City
Council
Update Pronouns
Move from CC
Policy to Admin
Policy
Other
Handbook Section: Subsection
Update Summary
Current Location Notes
Outside Emploment/Political
Activities/Contracts and Conflicts of
Interest/Code of Ethics
Rule 12
Section 12.3 Replace "him/her" with "them" and replace "he/she is" with "they are" X Outside Emploment/Political
Activities/Contracts and Conflicts of
Interest/Code of Ethics: Code of Ethics
Rule 12
Section 12.4.3 (b) Add a period after "state level" and remove "; or" X Outside Emploment/Political
Activities/Contracts and Conflicts of
Interest/Code of Ethics: Code of Ethics
Rule 12
Section 12.4.4 Update to say Human Resources - remove "department" X Disciplinary Actions: Authority for Disciplinary
Actions
Rule 13
Section 13.2 Update to say Human Resources - remove "department" X Disciplinary Actions: Procedures for Serious
Disciplinary Actions
Rule 13
Section 13.4.D.1.(d) Update "him/her" to "them" X
Disciplinary Actions: Administrative Leave
with Pay
Rule 13
Section 13.5 Update Human Resources Director to Administrative Services Director X Policy Against Workplace Violence: Reporting
Workplace Violence
Rule 15
Section 15.3.C. & D. Update to say Human Resources - remove "department" X Policy Against Workplace Violence: Reporting
Potential Future Workplace Violence
Rule 15
Section 15.4 Update to say Human Resources - remove "department" X Policy Against Harassement, Discrimination,
Retaliation, and Abusive Conduct: Definitions
Rule 16
Section 16.3 Update to Human Resources (drop department) - last paragraph of section X Policy Against Harassement, Discrimination,
Retaliation, and Abusive Conduct: Reporting
Discrimination, Harassment, Retaliation or
Abusive Conduct
Rule 16
Section 16.4.B.1
Update "he or she has" to "they have"
Update to Human Resources (drop department) X X
Policy Against Harassement, Discrimination,
Retaliation, and Abusive Conduct: Reporting
Discrimination, Harassment, Retaliation or
Abusive Conduct
Rule 16
Section 16.4.C.3. Update to say Human Resources - remove "department" X Policy Against Harassement, Discrimination,
Retaliation, and Abusive Conduct: Employees'
Duty to Disclose Benefits Received
Rule 16
Section 16.5
Update to Human Resources (drop department)
Update "he/she" to "they" X X
Policy Against Harassement, Discrimination,
Retaliation, and Abusive Conduct: Training
and Policy Dissemination
Rule 16
Section 16.7.B.
Number 4 should be indented and updated to (a), and the original numerations: (a), (b), and (c) should be renumerated accordintly Current (a) should not include the and, current (b) should include a ";" at the end instead of a period.
X
Drug Free Work Place: Definitions Rule 17
Section 17.4.F.
Update to say, "Human Resources Division" and update to say, "Administrative Services Director" X
Agenda Item #9.6.
Formatting
Update
Titles/Department as
Previously
Authorized by City
Council
Update Pronouns
Move from CC
Policy to Admin
Policy
Other
Handbook Section: Subsection
Update Summary
Current Location Notes
Drug Free Work Place: Policy Rule 17
Section 17.5.A.1 Update to say Adminsitrative Services Director X Drug Free Work Place: Policy Rule 17
Section 17.5.A.4 Update to say Adminsitrative Services Director X Drug Free Work Place: Policy Rule 17
Section 17.5.A.10 Update to say Human Resources - remove "department" X Drug Free Work Place: Policy Rule 17
Section 17.5.B.5 Update to say Adminsitrative Services Director X Drug Free Work Place: Policy Rule 17
Section 17.5.B.6 Update to say Human Resources - remove "department" X Drug Free Work Place: Policy Rule 17
Section 17.5.C.2 Update to say Human Resources - remove "department" X Drug Free Work Place: Policy Rule 17
Section 17.6.A.1. & 2. Update to say Adminsitrative Services Director X Drug Free Work Place: Policy Rule 17
Section 17.6.B. & C. Update to say Adminsitrative Services Director X Drug Free Work Place: Policy Rule 17
Section 17.6.E. Update to say Human Resources - remove "department" X Personnel Files and Records: In General Rule 18
Section 18.1.A.1. Update to say Human Resources - remove "department" X Personnel Files and Records: In General Rule 18
Section 18.1.A.4. Update "HR" to say "Human Resources" X Personnel Files and Records: In General Rule 18
Section 18.1.A.5. Update to say Adminsitrative Services Director X Personnel Files and Records: In General Rule 18
Section 18.1.C.2. Update to say Human Resources - remove "department" X Personnel Files and Records: In General Rule 18
Section 18.1.D.
Update to say Human Resources - remove "department"
Update to say, "Administrative Services Director" X
Whistle Blowing Policy: Procedure Rule 24
Section 24.3
Update Human Resources Director to Administrative Services Director Update numering based on moving certain sections to Administrative Policy X Policy on the Use of Electronic
Communications Rule 19 Move entire Section to Administrative Authority (from City Council) due to quickly changing terminology and best practices. X Vehicle Use Policy and Accident Reporting: Rule 20 Move entire Section to Administrative Policy - best practices and due to quickly changing terminology and reporting requirement updates X Employee Reimbursements and Travel Rule 22 Move entire Section to Administrative Policy - best practices X Cash Advances and Credit Card Use Rule 23 Move entire Section to Administrative Policy - best practices X Social Media Policy Rule 25 Move entire Section to Administrative Policy - best practices X Injury and Illness Prevention Program Rule 26 Move entire Section to Administrative Policy - best practices X Fraud Prevention and Detection Policy Rule 27 Move entire Section to Administrative Policy - best practices and duplicative of P-FI-0013 X
Volunteer & Internship Program Rule 28 Move entire Section to Administrative Policy - best practices X Agenda Item #9.6.
2021 EMPLOYEE HANDBOOK2023 EMPLOYEE HANDBOOK
EMPLOYEE
Adopted January 12, 2021
Resolution No. 2021-6
Agenda Item #9.6.
TABLE OF CONTENTS
Page
-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 SEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING...................................19 Agenda Item #9.6.
TABLE OF CONTENTS
Page
-iiRULE 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 SEC. 8.6 REST BREAKS.............................................................................36 SEC. 8.7 CONDUCT DURING THE WORKDAY.........................................37 Agenda Item #9.6.
TABLE OF CONTENTS
Page
-iiiRULE 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 SEC. 11.3 RESIGNATIONS...........................................................................82 SEC. 11.4 TERMINATIONS...........................................................................82 Agenda Item #9.6.
TABLE OF CONTENTS
Page
-ivSEC. 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 SEC. 15.4 REPORTING POTENTIAL FUTURE WORKPLACE
VIOLENCE..................................................................................100 SEC. 15.5 VIOLATION OF RULE................................................................100 Agenda Item #9.6.
TABLE OF CONTENTS
Page
-vRULE 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 SEC. 20.4 APPROVED USERS...................................................................138 SEC. 20.5 SUPERVISORY RESPONSIBILITY ...........................................139 Agenda Item #9.6.
TABLE OF CONTENTS
Page
-viSEC. 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 RULE 26. INJURY AND ILLNESS PREVENTION PROGRAM.............................169 SEC. 26.1 OVERVIEW.................................................................................169 SEC. 26.2 THE PLAN ..................................................................................170 Agenda Item #9.6.
TABLE OF CONTENTS
Page
-viiSEC. 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 #9.6.
-1-
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 TechnologyAdministrative Services 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 #9.6.
-2-
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.
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 Agenda Item #9.6.
-3-
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 Outof-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.
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.
Agenda Item #9.6.
-4-
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 part-time 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.
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, Agenda Item #9.6.
-5-
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 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 Assistant City Manager, the Fire Chief, the Police Chief, the Director of Public Works, the Agenda Item #9.6.
-6-
Planning Community Development Director, the Library Director, the Recreation Director, and the Finance Administrative Services 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 ResourcesAdministrative Services 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.
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 Agenda Item #9.6.
-7-
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.
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.
Agenda Item #9.6.
-8-
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.
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 Agenda Item #9.6.
-9-
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 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.
Agenda Item #9.6.
-10-
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.
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 Agenda Item #9.6.
-11-
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;
(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 Agenda Item #9.6.
-12-
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 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 Agenda Item #9.6.
-13-
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.
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 Agenda Item #9.6.
-14-
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 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.
Agenda Item #9.6.
-15-
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; • 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:
Agenda Item #9.6.
-16-
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-OFCLASS 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:
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.
Agenda Item #9.6.
-17-
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.
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.
Agenda Item #9.6.
-18-
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 shethey determines, in their sole discretion, that doing so is in the best interest of the City.
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
Agenda Item #9.6.
-19-
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.
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 pre-trial 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 Agenda Item #9.6.
-20-
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 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:
Agenda Item #9.6.
-21-
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.
(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 Agenda Item #9.6.
-22-
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.
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 ResourceAdministrative Services Director, and their designee(s) will have access to the test results, on a need-to-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.
Agenda Item #9.6.
-23-
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.
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.
Agenda Item #9.6.
-24-
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 opencompetitive recruitment, or to exercise the discretion to grant the employee’s transfer request.
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;
Agenda Item #9.6.
-25-
(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.
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 fulltime 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 Agenda Item #9.6.
-26-
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 ResourcesAdministrative Services 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 shethey may be employed in a position for which the Human ResourcesAdministrative Services 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
ResourcesAdministrative Services 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 ResourcesAdministrative Services Director shall undertake a caseby-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 ResourcesAdministrative Services 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 Agenda Item #9.6.
-27-
family members’ conduct and performance for a period of one (1) year from the date of the Human ResourcesAdministrative Services 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
ResourcesAdministrative Services Director’s determination.
Depending on the severity of the Prohibited Conduct, the supervisor may recommend that the Human ResourcesAdministrative Services 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 Agenda Item #9.6.
-28-
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.
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 ResourcesAdministrative Services 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 ResourcesAdministrative Services Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Human ResourcesAdministrative Services 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 ResourcesAdministrative Services 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 ResourcesAdministrative Services Director determines that Agenda Item #9.6.
-29-
modification of a Supervisor’s assignment is not feasible, reassignment, transfer, or voluntary demotion of a non-Supervisory employee. The Human ResourcesAdministrative Services Director retains discretion to determine that the conflict may be resolved via voluntary resignation or by involuntary demotion or dismissal.
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.
Agenda Item #9.6.
-30-
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 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 ResourcesAdministrative Services 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 #9.6.
-31-
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 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 Agenda Item #9.6.
-32-
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 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 Agenda Item #9.6.
-33-
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.”
G.H. H. After the completion of a “successful” Performance Improvement Program, the City shall maintain a record of the Plan in the employee’s personnel file.
Agenda Item #9.6.
-34-
H.I. 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.
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.
Agenda Item #9.6.
-35-
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.
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.
Agenda Item #9.6.
-36-
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 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 Agenda Item #9.6.
-37-
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.
D. Part-time Employees.
Part-time employees who have been continuously employed by the City for at least twelve months will receive pay for the days designated as fixed holidays, in an amount determined by multiplying the employees’ Average Work Day by the employee’s hourly rate. If a part-time employee who is eligible for pay for holidays is required to work on a holiday, then in-lieu of paid time off the employee will receive additional pay equivalent to the employee’s Average Work Day or the actual number of hours worked, whichever is greater, but not to exceed eight (8) hours.
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.
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:
Agenda Item #9.6.
-38-
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 Hhead 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.
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 Agenda Item #9.6.
-39-
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 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.
Agenda Item #9.6.
-40-
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.
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 Agenda Item #9.6.
-41-
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 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.
Agenda Item #9.6.
-42-
B. Employees may be granted up to three five (35) 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 Director 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/herthem to vote. The scheduling of the time referenced above shall be subject to the approval of the employee’s supervisor and shall normally 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.
Agenda Item #9.6.
-43-
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.
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 Agenda Item #9.6.
-44-
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 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; Agenda Item #9.6.
-45-
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 ResourcesAdministrative Services 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.
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.
Agenda Item #9.6.
-46-
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.
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/herthem 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.
Agenda Item #9.6.
-47-
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 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 statutorily-protected 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.
Agenda Item #9.6.
-48-
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.
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.
Agenda Item #9.6.
-49-
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 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
Agenda Item #9.6.
-50-
(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
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 long-term due to a condition for which treatment may not be
effective. The employee or family member must be
under the continuing supervision of, but need not be
receiving active treatment by, 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
Agenda Item #9.6.
-51-
(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.
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 Agenda Item #9.6.
-52-
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.
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 Agenda Item #9.6.
-53-
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).
(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.
Agenda Item #9.6.
-54-
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.
(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.
Agenda Item #9.6.
-55-
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 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.
Agenda Item #9.6.
-56-
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, 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 Agenda Item #9.6.
-57-
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 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.
Agenda Item #9.6.
-58-
(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 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 Agenda Item #9.6.
-59-
medical certification is incomplete or insufficient, and the City will 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 responsible for the continued payment of the City’s share of the Agenda Item #9.6.
-60-
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/herthe employee 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 period which is unpaid, and the unpaid leave period shall not be counted for purposes of time accrued under the plan.
Agenda Item #9.6.
-61-
(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.
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.
Agenda Item #9.6.
-62-
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 their length of employment with the City. However, unless an employee has met the eligibility requirements under this Policy, she they 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.
B. Use of Accrued Leave.
An employee taking pregnancy-related disability leave must coordinate any available sick leave with her their pregnancy-related disability leave. An employee taking pregnancy-related disability leave may, at her their 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, Agenda Item #9.6.
-63-
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 their need for pregnancy-related disability leave or transfer as soon as she they 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, non-emergency 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.
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 they shall notify the City of the anticipated dates for the absences as much in advance as possible.
Agenda Item #9.6.
-64-
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 their 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.
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 their additional rights under the California PDL. If the employee has exhausted her their 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.
Agenda Item #9.6.
-65-
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 herselfthemself, 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 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 their former position, an employee taking leave under the FMLA/PDL is required to provide the City with certification from her their health care provider stating that she isthey are able to resume her their original job duties.
Agenda Item #9.6.
-66-
L. City’s Designation of Leave. Once an employee requests pregnancyrelated disability leave or transfer, the Human ResourcesAdministrative Services 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 pregnancy-related disability leave or transfer period, and upon submission of the return to work notice, the employee shall be returned to the same position she they 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 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:
Agenda Item #9.6.
-67-
(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.
(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:
Agenda Item #9.6.
-68-
(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;
(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 Agenda Item #9.6.
-69-
(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.
(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.
Agenda Item #9.6.
-70-
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:
(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.
Agenda Item #9.6.
-71-
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.
(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
Agenda Item #9.6.
-72-
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 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.
Agenda Item #9.6.
-73-
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;
(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
Agenda Item #9.6.
-74-
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;
(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 Agenda Item #9.6.
-75-
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 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 Agenda Item #9.6.
-76-
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/herthem 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 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
Agenda Item #9.6.
-77-
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 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 Agenda Item #9.6.
-78-
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 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.
Agenda Item #9.6.
-79-
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.
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 Human Resources.
Agenda Item #9.6.
-80-
SEC. 11.4 TERMINATIONS
The City Manager may terminate:
A. Employees at any time while they are on probation.
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:
Agenda Item #9.6.
-81-
(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 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 #9.6.
-82-
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/herthem in their official capacity, or by anybody or board of which he/she isthey are 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.
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.
Agenda Item #9.6.