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2. Use of Confidential Information
City employees shall not use confidential information acquired by or available to them in the course of their employment with the City for personal gain or for personable, nonCity business related reasons.
3. Use of City Employment and Facilities for Personal Gain All employees shall not engage in any activity which results in any of the following:
(a) Use of time, facilities, equipment, supplies, funds, or other resources of the City for the private advantage or gain for oneself or another or for campaign related political activities;
(b) Use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others;
(c) Disclosure or use of official information that is not available to the general public for private advantage or gain for oneself or another; and/or
(d) Use of the authority of their position with the City to discourage, restrain, or interfere with any person who chooses to report potential violations of any law or regulation.
No employee shall directly or indirectly accept:
(a) Private advantage, remuneration, or reward for oneself or another as a result of the prestige or influence of the City office, employment, or appointment;
(b) Financial consideration from any source other than the City for the performance of their official duties, except for stipends received as representatives on boards, commissions or committees at a local, regional, or state level.; or
No employee shall give special treatment or consideration to any individual or group beyond that available to any other individual or group.
No employee shall discriminate against or harass a citizen or co-worker on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military and veteran status, and/or any other category protected by federal and/or state law.
All employees shall conduct themselves in a courteous and respectful manner at all times during the performance of their duties.
Agenda Item #9.6.
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4. Reporting of Improper Activities
The City has a responsibility to conduct its affairs ethically and in compliance with the law. City employees and persons in City service are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State, or Federal law with their immediate supervisor or another management employee within the employee’s department. Employees may also contact the City Manager or Human Resources department.
5. Enforcement.
In addition to any other penalty as provided by law, any employee found to be in violation of the Code of Ethics shall be subjected to appropriate disciplinary action, up to an including, employment termination.
RULE 13. DISCIPLINARY ACTIONS
SEC. 13.1 CAUSES
A. Disciplinary measures may be taken for any good and sufficient cause.
The extent of the Disciplinary Action taken shall be commensurate with the offense provided that the prior employment history of the employee may also be considered pertinent. Cause may include, but is not limited to, the following:
1. Violation of City Personnel Rules, ordinances, regulations, rules, and/or administrative policies and procedures; or of standards established under California or federal law;
2. Failure to maintain job performance standards or to properly perform assigned duties;
3. Theft of, harm to, or waste of City property or the personal property of another;
4. Lack of workplace and job-related cooperation;
5. Insubordination;
6. Dishonesty;
7. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties;
8. Unauthorized absence from employment or excessive absenteeism;
9. Tardiness;
Agenda Item #9.6.
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10. Failure to maintain satisfactory working relationships with other employees or the public;
11. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;
12. Assault, battery, or fighting while on duty or under the guise of office;
13. Gambling on City property or during working hours;
14. Sleeping on the job or leaving the job without authorization;
15. Improper use of City funds;
16. Acceptance of bribes or extortion;
17. Unauthorized use of City property;
18. Falsification of records, including information provided on an application for employment or on time sheets;
19. Failure to properly care for City property;
20. Acceptance of any gift, (other than as provided for by written City policy) reward or other form of compensation in addition to compensation for performance of official duties;
21. Carelessness or negligence;
22. Misuse or failure to maintain any employment qualification;
23. Discourteous treatment of the public or fellow employees;
24. Disorderly conduct or horseplay;
25. Failure to comply with safety standards;
26. Interfering with the work performance of others;
27. Abuse of leaves of absence, including sick leave; and/or
28. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City.
B. Reduction in Pay. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure are not disciplinary measures and do not trigger any rights of appeal under this Rule.
Agenda Item #9.6.
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SEC. 13.2 AUTHORITY FOR DISCIPLINARY ACTIONS
Department Directors and/or the City Manager shall have authority to take Disciplinary Action.
Temporary or part-time employees may be discharged by the Department Head. A fulltime employee may be discharged only by the City Manager. Department Heads may be discharged only by the City Manager, with the exception of the Fire Chief as provided in the Municipal Code.
The Human Resources Department shall be notified of any contemplated Disciplinary Action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Department may be notified as soon as possible subsequent to the time the action is taken.
SEC. 13.3 TYPES OF DISCIPLINARY ACTION
A. Lesser Disciplinary Action.
1. Oral Reprimand. Oral reprimand as a Disciplinary Action means the employee is informed of their poor performance verbally by their supervisor. The employee shall have no right to prior notice and no right of appeal.
2. Written Reprimand. Written reprimand as a Disciplinary Action means an official notification of the employee that there is cause for dissatisfaction with their services and that further disciplinary measures may be taken if said cause is not corrected. Reprimand notices shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any appeal hearing. The employee shall have no right to prior notice and no right of appeal, but shall have a right to attach a response that will be included with the reprimand in the personnel file.
3. Suspension Without Pay For Less Than Five (5) Working Days.
Suspension without pay shall be a temporary separation from City service. Prior to the imposition of the suspension without pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the suspension without pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the suspension without pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.
4. Reduction In Pay. Reduction for a time period equivalent to less than a five (5) working day suspension. Reduction in step within range as a disciplinary measure is the withdrawal of increments granted for merit, efficiency and length of service. The maximum Agenda Item #9.6.
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reduction in pay that may be given for any one Disciplinary Action shall be two (2) steps within the range for that class. Reduction in pay shall become effective on the first of the month following the effective date of the Disciplinary Action. Prior to the imposition of the reduction in pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the reduction in pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the reduction in pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.
B. Serious Disciplinary Actions. Serious Disciplinary Actions require due process as set forth in Rule 13.4. Serious Disciplinary Actions include the following:
1. Reduction in range equivalent to a five (5) or more working day suspension without pay.
2. Suspension without pay for five (5) or more working days, but not more than thirty (30) working days. Suspension without pay shall be a temporary separation from City service.
3. Demotion without consent as Disciplinary Action, shall be a reduction in classification or rank, with reduction in salary.
4. Dismissal means the discharge of an employee from the City service on the initiative of the employee’s supervisor. Such termination of employment shall be permanent.
SEC. 13.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS
A. Notice of Proposed Disciplinary Action. In instances of serious Disciplinary Actions as defined in Section 13.3, employees shall receive a written notice of proposed Disciplinary Action.
1. The notice of proposed Disciplinary Action shall state the proposed Disciplinary Action and the effective date and specific reasons for the proposed Disciplinary Action.
2. The notice of proposed Disciplinary Action shall include copies of all written materials supporting the proposed action.
3. The notice of proposed Disciplinary Action shall inform the employee of their right to respond, either orally or in writing, to the City Manager, as appropriate, within five (5) working days of the date of the notice of proposed Disciplinary Action if it was personally delivered, or within seven (7) working days of the date of the notice of proposed Disciplinary Action if it was delivered by United States mail. If the employee requests to respond orally to the notice of the Agenda Item #9.6.
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proposed Disciplinary Action, the City Manager, as appropriate, shall schedule a meeting as soon as possible.
B. Notice of Decision. After review of the employee’s timely written response, if any, or following the conclusion of the meeting, the City Manager shall issue and deliver to the employee a Notice of Decision which shall be a written statement of the decision to uphold, modify, or reject the proposed Disciplinary Action. Such action to be taken may not include discipline more severe than that described in the notice of proposed Disciplinary Action. Absent an agreed extension of time, the Notice of Decision shall be served within seven (7) working days after the receipt of the written response or the conclusion of the meeting, whichever is later.
C. Disciplinary Appeal Hearing.
1. Right to a Disciplinary Appeal Hearing. Any employee who has received a Notice of Decision imposing serious Disciplinary Action shall be entitled to request an evidentiary appeal of the imposition of discipline.
2. Requesting a Disciplinary Appeal. An employee wishing to appeal the imposition of a serious Disciplinary Action shall initiate the appeal by filing a written request with the City Manager within five (5) working days of the date of the Notice of Discipline if it was personally delivered, or within seven (7) working days of the date of the notice of imposition of discipline if it was delivered by United States mail. The request shall be addressed to the City Manager, and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the employee. All disciplinary appeal hearings shall be conducted in private unless the employee requests a public hearing.
3. Scheduling the Disciplinary Appeal Hearing with the City Council.
The City Manager shall schedule the disciplinary appeal hearing to take place at the closed personnel session at the next regular meeting of the City Council, if so desired, the City Council may meet earlier by calling a special meeting.
4. Representation and Employee Appearance at Disciplinary Appeal Hearing. The employee is entitled to be represented by counsel or other representative at the disciplinary appeal hearing. However, an employee who requests a disciplinary appeal hearing must be present during the disciplinary appeals hearing. Failure to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for their failure to be present within three (3) working days from the date the employee fails to appear.
Agenda Item #9.6.
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D. Conduct of Disciplinary Appeal Hearings. The City Council, at its sole discretion may elect to have a neutral hearing officer conduct the appeal hearing. The proceedings before the City Council or hearing officer, as applicable shall be conducted as follows:
1. All parties shall have the following rights:
(a) To call and examine witnesses under oath;
(b) To introduce exhibits;
(c) To cross examine opposing witnesses on any matter
relevant to the issue, even if the matter is not covered in the direct examination;
(d) To impeach any witness regardless of which party first called him/herthem to testify;
(e) To rebut the evidence against them; and
(f) To present oral and written arguments
2. The City shall have the burden of proof, and the burden shall be by the preponderance of the evidence.
3. The hearing shall not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. The City Council’s decision shall not be invalided by any informality in the proceedings.
4. Hearsay evidence may be used for the purpose of explaining any direct evidence but shall not be sufficient in and of itself to support a finding unless it would be admissible over objections in civil actions.
5. The City Council or hearing officer shall not take testimony from one (1) party outside the presence of the other.
6. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.
7. Irrelevant evidence and unduly repetitious evidence shall be excluded.
8. The City Council or hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence.
Agenda Item #9.6.
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9. The City Council or hearing officer shall have the power to exclude any witnesses.
E. Issuance of Decision.
Within thirty (30) days after the close of the hearing (which shall not occur prior to completion of a reporter’s transcript, if requested by either party), a written statement of decision, containing findings of fact and conclusions of law, shall be issued by the City Council or hearing officer. If the hearing is conducted by a hearing officer, the hearing officer’s decision shall be advisory to the City Council, and the City Council shall have the discretion to accept or reject the hearing officer’s decision. The City Council shall have the authority to affirm, revoke, or reduce the Disciplinary Action imposed against the employee. The City Council may not provide for discipline more stringent that than that imposed by the City Manager.
If the City Council declines to accept the findings and conclusions made by the hearing officer, the City Council must review the record or provide for an additional opportunity to be heard, after which it may adopt the findings and conclusions made by the hearing officer, or adopt its own findings and conclusions.
The City Council’s decision constitutes a final resolution of any Disciplinary Action and no further appeal shall be permitted within the City’s administrative process. A copy of the City Council decision shall be provided to the employee and shall be made public at the next public session of the City Council.
Notwithstanding the above, the City Council shall not have binding authority to add, modify, or subtract from the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. Further, the City Council shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. The City Council shall not have the authority to require the City to perform any other action that would violate state or federal laws.
F. Judicial Review.
An employee may seek judicial review of the final decision by the City Council in accordance with Section 1094.5 of the California Code of Civil Procedure by filing a petition for a writ of mandate. Section 1094.5 of the Code of Civil Procedure requires that the petition writ of mandate must be filed not later than the ninetieth (90th) day following the date on which the City Council’s decision becomes final.
SEC. 13.5 ADMINISTRATIVE LEAVE WITH PAY
An employee may be placed on an Administrative Leave with Pay temporarily to allow the City time to fully investigate the facts of an alleged violation, while the Disciplinary Action is in process, or when the City Manager or Human ResourcesAdministrative Services Director determine that it is in the best interests of the City.
Agenda Item #9.6.
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The employee on Administrative Leave with Pay must be reasonably available by telephone during their normal working hours (subject to adjustment, as provided below) and able to report to the City within sixty (60) minutes if directed to do so. An employee’s normal working hours may be altered while on Administrative Leave with Pay to correspond with the City’s typical business hours. When an employee is placed on Administrative Leave with Pay during this investigation, the employee may be directed not to discuss the alleged violation or the Disciplinary Action with anyone, except a legal or employee association representative of their choice. Failure to remain reasonably reachable by telephone or to report to the City within sixty (60) minutes of being directed to do so shall be considered insubordination, and could result in additional Disciplinary Action. The employee shall be informed that communicating with others, except a legal or employee association representative of their choice, about a pending investigation constitutes insubordination and is a separate and independent ground for discipline.
SEC. 13.6 TIME EXTENSIONS
Any time limitations or requirements as set forth under this Rule may be extended or changed by mutual written agreement of the parties.
SEC. 13.7 DELIVERY OF NOTICES
When notice is required under this Rule, the notice shall be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by placing the notice in the United States mail, first Class, postage paid, and by traceable overnight delivery service (FedEx or equivalent) in an envelope addressed to the employee’s last known home address. It shall be the responsibility of the employee to inform the City, in writing, of their current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address”. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee.
RULE 14. GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 14.1 ESTABLISHMENT
These procedures are established in order to provide adequate opportunities for employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction.
SEC. 14.2 SCOPE OF PROCEDURES
The procedures set forth in this Rule shall apply to all employee complaints and grievances, as defined herein, except where other methods have been specifically prescribed in these Rules, such as in the matters of dismissal, demotion and reduction, or in an applicable memorandum of understanding between the City and an exclusive representative of a unit or unit of employees.
Agenda Item #9.6.
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SEC. 14.3 DEFINITIONS
A. Complaint. An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inaction.
B. Complaint Procedure. The process by which a determination is made as to whether or not a wrong has been committed. Complaints may not be filed over matters for which there is a separate appeal, which are subject to the grievance procedure, or which are expressly excluded from the grievance procedure pursuant to Section 14.3.
C. Grievance. An expressed claim by an employee that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in a resolution, memorandum of understanding, or these Rules. Specifically excluded from the grievance procedures are the following:
1. Performance evaluations;
2. Deferred merit salary increases;
3. All Disciplinary Actions;
4. Probationary dismissals upon original appointment or rejection from probation;
5. Policy decisions of the City Council, including but not limited to resolutions, ordinances and minutes orders;
6. Complaints under the jurisdictions of Workers’ Compensation law or Occupational Injury law or the applicable procedures for such complaints;
7. Transfer to another Position in the same classification without a loss of pay; and
8. Matters for which there is a separate investigation procedure or appeal process, including, but not limited to, the harassment prevention policy and disciplinary action.
D. Grievance Procedure. The process by which the validity of a grievance is determined.
SEC. 14.4 COMPLAINT PROCEDURE
A. Step 1. The employee shall discuss any complaint with their immediate supervisor within ten (10) working days after the employee knew, should have reasonably known, of the circumstances which for the basis of the alleged complaint. Grievances not timely raised shall be deemed waived.
The immediate supervisor is required to review every complaint and Agenda Item #9.6.
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attempt to settle it as quickly and fairly as possible. The immediate supervisor shall issue a written decision to the employee within five (5) working days from the date of their meeting with the employee.
B. Step 2. If the action taken by their immediate supervisor is not satisfactory, the employee shall submit their complaint in writing to the City Manager within ten (10) working days of receipt of the immediate supervisor’s written decision. The City Manager or designee shall meet and discuss the complaint with the employee within five (5) working days of their receipt of the complaint. The City Manager or designee shall have twenty (20) days from the date of their meeting with the employee to issue a decision. The decision of the City Manager or designee is final.
SEC. 14.5 GRIEVANCE PROCEDURE
A. Step 1. Responsibility of Employee / Informal Resolution. The employee shall inform, in writing, their immediate supervisor of their grievance and relevant facts within five (5) working days after the employee knew, or reasonably should have known, of the circumstances giving rise to the grievance. The immediate supervisor shall hold discussions and attempt to resolve the matter after the employees has presented their grievance.
Within ten (10) working days of receiving the grievance, the immediate supervisor shall give the employee a written reply after the discussions. It is the intent of this informal meeting that at least one personal conference be held between the employee and their immediate supervisor.
B. Step 2 Department Head Review. If the grievance is not satisfactorily resolved in Step 1, the grievant must submit their grievance in writing to the Department Head within ten (10) working days after receiving their immediate supervisor’s response. The statement must include the following:
1. A concise statement of the grievance including specific reference to any law, policy, rule, regulation and/or instruction deemed to be violated, misapplied or misinterpreted;
2. A full explanation of the circumstances involved;
3. The decision rendered by the immediate supervisor at Step 1;
4. The specific remedy sought by the grievant.
The Department Head or their designee shall take such review and investigative action as they deem necessary and hold a meeting with the grievance. The Department Head or their designee shall inform the grievant of their decision in writing within ten (10) days after receiving the grievance.
C. Step 3 City Manager Review. If the grievance is not satisfactorily resolved in Step 2, the grievant must present their grievance in writing to the City Agenda Item #9.6.
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Manager within ten (10) working days after receiving their Department Head’s written decision. The statement must include the following:
1. A concise statement of the grievance including specific reference to any law, policy, rule, regulation and/or instruction deemed to be violated, misapplied or misinterpreted;
2. A full explanation of the circumstances involved;
3. The decision rendered by the department head at Step 2;
4. The specific remedy sought by the grievant. The City Manager or their designee shall take such review and investigative action as they deem necessary and inform the grievant of their decision in writing within ten (10) days after receiving the grievance. Prior to issuing the written decision, the City Manager shall schedule a meeting with the employee to discuss the matter. The City Manager’s decision will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest. The decision of the City Manager or their designee is final. Time limits for appeal shall begin the day following receipt of written decision. Within the above time limits, either party may request a personal conference with the other.
SEC. 14.6 GENERAL PROVISIONS
A. No retribution or adverse employment action shall be taken against employees because of their use of the grievance or complaint procedures.
B. All documents, communications and records dealing with the processing of grievances and complaints shall be filed separately from personnel files.
C. Failure by the City at any step of this procedure to communicate the decision on the grievance or complaint within the specified time limits shall permit the grievant or complainant to proceed to the next step.
D. The grievant or complainant shall be present at all steps of the procedure.
E. Failure at any step of these procedures to appeal a decision on a grievance or complaint within specified time limits shall be deemed acceptance of the decision rendered by the employee.
F. The time limits specified at any step in this procedure may be extended by mutual written agreement of the City and grievant or complainant.
G. The original grievance or complaint shall accompany all requests for institution of the next step in the grievance or complaint procedure.
Agenda Item #9.6.
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H. Communication with the grievant or complainant shall be processed by personal signed receipt of documents, or by email with a reply confirming receipt, or by traceable overnight delivery service (FedEx or equivalent).
RULE 15. POLICY AGAINST WORKPLACE VIOLENCE
SEC. 15.1 OBJECTIVES
The City is strongly committed to ensuring the safety of all employees. Consistent with this policy, acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect employees will not be tolerated, and will be subject to appropriate Disciplinary Action, up to and including termination. The following are the objectives of the City:
A. To ensure that all workplace threats and violent behavior are addressed promptly.
B. To ensure that the level of physical and facility security in City workplaces is sufficient to protect the health and safety of employees.
C. To ensure that all employees are appropriately trained in workplace security, diffusing hostile situations, and steps to take during an emergency incident.
D. To ensure that all Disciplinary Action taken for behavior prohibited under this Rule is reviewed, evaluated, and administered consistently and equitably throughout the City, and done so in a timely manner.
SEC. 15.2 THREATS OR ACTS OF VIOLENCE DEFINED
A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. General examples of prohibited workplace violence include, but are not limited to the following:
A. Threatening to harm or harming an individual or their family, friends, associates, or their property.
B. Fighting or challenging another individual to a fight.
C. Intimidation through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing.
D. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, text messages, or other correspondence.
E. Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City.
Agenda Item #9.6.
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F. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat to the individual and causes the individual to fear for their safety, or the safety of their immediate family, as defined in Civil Code section 1708.7.
G. Making a suggestion or otherwise intimating that an act to injure persons or property is appropriate behavior.
H. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on City property. This includes “look-alike” weapons, such as toy guns. Weapons and dangerous devices may include, but are not limited to the following: blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives having a blade longer than three and one-half (3½) inches, folding knives having a blade that locks into place, razor blades, and clubs.
I. Use of a personal or City-issued tool or other equipment in a threatening manner toward another.
SEC. 15.3 REPORTING WORKPLACE VIOLENCE
Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to their supervisor or other appropriate person in the chain of command. Should the employee perceive that they are in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act or imminent violent act, the employee shall whenever possible:
A. Place themselves in a safe location.
B. If appropriate, call the Police Department or 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed.
C. Inform the Human Resources Department or the City Manager of the circumstances.
D. Complete a written report as soon as possible and submit the original copy to the Human Resources Department.
E. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws.
SEC. 15.4 REPORTING POTENTIAL FUTURE WORKPLACE VIOLENCE Employees who have reason to believe they or any employee may be the subject of a violent act in the workplace or as a result of their City employment, should immediately notify the Human Resources Department or the City Manager.
Agenda Item #9.6.
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SEC. 15.5 VIOLATION OF RULE
The City’s prohibition against threats and acts of violence applies to all persons in the City operation, including but not limited to City personnel, contract and temporary workers, customers, and anyone else on City property. Violations of this Rule by any individual may be followed by legal action as appropriate, which may include, but is not limited to, seeking a temporary restraining order and/or injunction on behalf of employees if the situation warrants such action. In additional to appropriate legal action, violations of this Rule by employees, including making a false report under this Rule, may lead to appropriate Disciplinary Action pursuant to Rule 13, up to and including termination.
RULE 16. POLICY AGAINST HARASSMENT, DISCRIMINATION, RETALIATION,
AND ABUSIVE CONDUCT
SEC. 16.1 GENERAL POLICY
The City is committed to providing a work environment that is free of discrimination, harassment, and retaliation. In keeping with this commitment, the City maintains a strict policy prohibiting harassment, including sexual harassment and takes reasonable steps to promptly correct discriminatory, harassing, and retaliatory conduct. This policy prohibits harassment in any form, including verbal, physical and visual harassment by or against any employee, intern, volunteer, applicant for employment, or vendor, or guest.
This policy applies to all of the City's activities, wages, reviews, leaves, training, benefits, and all other conditions and terms of employment.
As a general guideline, harassment can be avoided if employees act professionally and treat each other with respect.
SEC. 16.2 PURPOSE OF POLICY
Federal and state law expressly prohibit discrimination and harassment of employees or applicants based upon race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age (40 and over), sexual orientation, sex, gender, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by applicable state or federal law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.
The purpose of this policy is to establish a means to protect employees, applicants for employment, or guests from harassment. Additionally, this policy enforces the City's long-standing policy that all employees, applicants for employment, and guests should be able to enjoy a work environment that is free from all forms of unlawful discrimination or harassment. Discrimination, harassment, and retaliation constitute misconduct that can decrease work productivity, decrease morale and cause emotional and physical damage. Incidents of discrimination, harassment, or retaliation can result in serious economic implications such as high turnover, ineffective use of time during working Agenda Item #9.6.
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hours, costly salaries paid for nonproductive work hours, and employee absences due to hearings and meetings related to discrimination, harassment, and retaliation complaints.
The further purpose of this Policy is to define and forbid discriminatory, harassing, and retaliatory conduct, to prohibit the condoning or perpetuating of such conduct, and to provide an efficient means for reporting and resolving complaints of discrimination, harassment, or retaliation against any individual who reports discrimination, harassment, or retaliation or who participates in an investigation of such reports.
SEC. 16.3 DEFINITION OF TERMS
A. Employee. An employee refers to any individual under the direction and control of the City under any appointment or contract of hire or apprenticeship, express or implied, oral or written. For purposes of this Policy, the term “employee” includes any individual who is an unpaid intern or volunteer of the City. The inclusion of any individual, including but not limited to unpaid interns and volunteers, in the definition of “employee” for purposes of this policy should not be interpreted to affect the applicability of any other policy or procedure of the City.
B. Legally Protected Category/Legally Protected Characteristic. Race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age (40 and over), sexual orientation, sex, gender, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other protected basis under state, federal or local law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.
C. Discrimination. Discrimination is any action or conduct by which an employee is treated differently or less favorably than other employees similarly situated because the employee is a member of a Legally Protected Category or Characteristic. Examples of conduct that can constitute discrimination if based on an individual’s Legally Protected Category or Characteristic include, but not limited to, the following:
1. Failing or refusing to hire an individual based on their Legally Protected Category or Characteristic.
2. Terminating an individual from employment based on their Legally Protected Category or Characteristic.
3. Singling out or targeting an individual for different or less favorable treatment because of their Legally Protected Category or Characteristic.
Agenda Item #9.6.
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D. Harassment. Harassment is any verbal, visual, or physical conduct based on an employee’s membership in a Legally Protected Category, the perception that an employee in a member of a Legally Protected Category, or the employee’s association with individuals in a Legally Protected Category, or perception that an individual has one or more of these Legally Protected Categories, that creates an intimidating, hostile or otherwise offensive working environment. Such conduct constitutes harassment when:
1. Submission to the conduct is made either an explicit or implicit condition of employment, or an unpaid internship or volunteer program;
2. Submission to or rejection of the conduct is used as the basis for an employment decision; or any decision related to an unpaid internship or volunteer program;
3. The harassment unreasonably interferes with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job, or creates an intimidating, hostile, or offensive work environment.
Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s Legally Protected Characteristic.
Harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, or harassment by third parties doing business with or for the City.
E. Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature all may constitute sexual harassment when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job, or creating an intimidating, hostile or offensive working environment.
This definition includes potential forms of offensive behavior, such as the following:
1. Unwanted sexual advances.
2. Visual conduct, such as leering, making sexual gestures, displaying of sexually explicit jokes, derogatory images, and comments about an employee’s body or dress.
3. Verbal sexual advances or propositions.
Agenda Item #9.6.
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4. Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations.
5. Physical conduct, such as touching, assault, impeding, or blocking movements.
6. Retaliation for reporting harassment or threatening to report harassment.
Sexual harassment includes many forms of offensive behavior and may include harassment of a person of the same or opposite sex as the harasser.
Sexual harassment need not be motivated by sexual desire. Sexual harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, harassment by a subordinate, or harassment by third parties doing business with or for the City.
F. Abusive Conduct. Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests, even when not due to an employee’s Legally Protected Category or Characteristic. It may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.
Workplace bullying, including off-duty cyber-bullying of employees, is strictly prohibited. While abusive conduct and bullying are not per se unlawful, such conduct does violate City policy and will not be tolerated.
G. Retaliation. Taking adverse action against any employee because of (1) the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination, harassment, retaliation, or abusive conduct or (2) because of the employee’s participation in an employment discrimination, harassment, or retaliation investigation, proceeding, or hearing, or (3) because of such opposition or participation by a family member or close associate of the employee.
1. Protected Opposition. Protected opposition to perceived discrimination, harassment, retaliation, or abusive conduct includes, but is not limited to, threatening to file a discrimination, harassment, or retaliation complaint with any federal or state agency, or court, or complaining or protesting about alleged discrimination, harassment, retaliation, or abusive conduct to a supervisor, manager, co-worker, or other official. Protected opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights. Opposition not made in good faith, Agenda Item #9.6.
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or made in a manner which disrupts the workplace, or which constitutes an unlawful activity, or which includes badgering or threatening of employees or supervisors is not protected.
2. Protected Participation. Protected participation includes, but is not limited to, filing a charge, testifying, assisting, or participating in any manner in an investigation under this Policy, or in a proceeding, hearing or litigation under federal or state discrimination, harassment, or retaliation statutes, at other hearings regarding protected employee rights, such as unemployment compensation proceedings, and making requests for reasonable accommodation of a Legally Protected Characteristic.
3. Adverse Action. Adverse actions include, but are not limited to, the following acts: disciplinary actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, actions that harm the employee outside the workplace, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties.
H. Supervisor. Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct other employees, or to adjust their grievances, or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Employees who have questions regarding these definitions or are uncertain what constitutes discrimination, harassment, sexual harassment, retaliation, or other prohibited conduct under the City’s policy should contact a supervisor, the Human Resources Department, or the City Manager.
SEC. 16.4 REPORTING DISCRIMINATION, HARASSMENT, RETALIATION,
OR ABUSIVE CONDUCT
A. In General. The City’s complaint procedure provides for an immediate, thorough, impartial, and objective investigation of every discrimination, harassment, retaliation, and abusive conduct claim, appropriate disciplinary action against one found to have engaged in prohibited discrimination, harassment, retaliation, or abusive conduct, and appropriate remedies to any victim of discrimination, harassment, retaliation, or abusive conduct. The City encourages reporting of all perceived incidents of discrimination, harassment, retaliation, and abusive conduct.
B. Complaint Procedure
Agenda Item #9.6.
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1. The City cannot resolve discrimination, harassment, retaliation, or abusive conduct unless the City is aware of the situation. The City relies upon its employees to bring those concerns to the attention of the City so that the necessary steps can be taken to correct the situation, and all employees are encouraged to do so. Accordingly, any employee, applicant, or guest who believes he or she hasthey have been harassed, discriminated or retaliated against or subjected to abusive conduct should promptly report the facts of the incident/incidents and the name(s) of the individual(s) involved to their immediate supervisor, any supervisor, the Human Resources Department , or to the City Manager.
2. Complaints can be made verbally or in writing and should include the following information:
(a) The employee's name and position title.
(b) The name of the person or persons committing the
discrimination, harassment, or retaliation, including their title(s). (c) The specific nature of the discrimination, harassment, retaliation, or abusive conduct, how long it has been going on, and any adverse employment action, demotion, failure to promote, dismissal, refusal to hire, transfer, etc., taken against the victim as a result of the harassment, if applicable, or any other threats made against the victim as a result of the harassment.
(d) Witnesses to the discrimination, harassment, retaliation, or abusive conduct, if any.
(e) Whether the victim previously has reported such
discrimination, harassment, retaliation, or abusive conduct and, if so, when and to whom.
Notification to the City is essential. Employees may be assured that they will not be penalized in any way for filing a good faith complaint of potential discrimination, harassment, retaliation, or abusive conduct.
ALL EMPLOYEES SHOULD NOTE THAT THE FAILURE TO USE THE CITY’S
COMPLAINT PROCEDURE MAY HAVE AN ADVERSE EFFECT ON ANY CLAIM UNDER THIS POLICY IF SUCH CLAIMS ARE LITIGATED.
C. Reporting Obligations
1. Any supervisor who receives a complaint of discrimination, harassment, retaliation, or abusive conduct; witnesses
discrimination, harassment, retaliation, or abusive conduct; or has any reason to believe that discrimination, harassment, retaliation, or abusive conduct may have occurred in the workplace is required to Agenda Item #9.6.
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report the conduct immediately to the Human Resources
Department or the City Manager.
2. A supervisor will be subject to discipline for failing to report offensive conduct that potentially constitutes discrimination, harassment, retaliation, or abusive conduct if the supervisor knew or should have known of the offensive conduct in the normal course and scope of their supervisory duties.
3. All other employees who observe or are advised about the discrimination, harassment, retaliation, or abusive conduct involving another employee are encouraged to report the conduct to a supervisor, the Human Resources Department, or the City Manager.
D. The City’s Response to Reports or Complaints.
1. Investigation of Complaints.
(a) All incidents of discrimination, harassment, retaliation, and abusive conduct that are reported must be investigated
appropriately by the City so that corrective and preventive actions can be promptly taken if warranted. The City will promptly undertake or direct an effective, thorough, impartial, and objective investigation of the allegations, which will be conducted by qualified personnel.
(b) The investigation will include obtaining information from the accused and anyone who may have been a witness to the alleged misconduct. Statements made in the course of the investigation will be kept as confidential as practicable.
(c) The City will document each complaint and track each investigation to ensure reasonable progress, timely closure, and reasonable findings based on the evidence collected.
2. Intermediary Measures. Employees may be placed on a leave of absence, temporarily transferred or assigned other working hours or duties, or subject to other intermediary measures, until the conclusion of the investigation.
3. Cooperation with the Investigation.
(a) It is important for the complaining party, the accused party, and all persons interviewed as witnesses during the investigation to understand that it is a violation of this policy to discuss any confidential investigation matters with other employees, or to conduct separate investigations at any time. The City will not tolerate any employees who interfere with its own internal investigations, or internal complaint procedures.
Agenda Item #9.6.
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(b) All employees involved in a workplace investigation into alleged discrimination, harassment, retaliation, or abusive conduct are required to fully and truthfully cooperate with the investigation.
Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action, up to and including termination. (c) All employees are prohibited from engaging in retaliation.
4. City Determination and Corrective Action.
(a) The City will make its determination based on the findings of the investigation and communicate that determination to the complaining employee, and to the accused. Parties are not entitled to copies of any notes or other written materials regarding the investigation, as these are considered to be confidential documents.
(b) If it is determined that the accused, or any other employee has violated City policies, appropriate corrective action will be taken. In addition, as part of the City’s efforts to remedy the complaining employee's concerns, the complaining employee will be informed in general terms regarding any remedial measures and disciplinary actions imposed against the violator.
(c) In light of the City’s desire to have a professional and productive work environment, the City reserves the right to take appropriate corrective action when an employee engages in inappropriate conduct that does not fully rise to the legal standards or definitions set forth in this Policy. For example, the City may take appropriate corrective action for inappropriate conduct, even if such conduct was not subjectively unwelcome or offensive to another employee of the City, or did not involve a legally protected characteristic.
5. Anonymity and Confidentiality.
(a) While the City will investigate anonymous complaints, the City strongly discourages anonymous complaints.
EMPLOYEES CHOOSING TO FILE A COMPLAINT ANONYMOUSLY MUST BE
AWARE THAT ANONYMITY IN THE COMPLAINT PROCEDURE MAY COMPROMISE THE CITY’S ABILITY TO COMPLETE A THOROUGH INVESTIGATION. (b) Employees should also be aware that should the City learn of the identity of an anonymous complainant, the City cannot guarantee that their identity will remain confidential, if the City determines in its discretion that disclosure is necessary to complete the investigation.
Agenda Item #9.6.
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(c) The City will take all reasonable steps available to maintain the confidentiality of all complaints of discrimination, harassment, retaliation, and abusive conduct, as well as all information gathered during an investigation. However, the City retains sole discretion to determine whether disclosure of information is necessary to complete the investigation.
(d) All employees involved in the investigation of discrimination, harassment, retaliation, or abusive conduct complaints as either investigator(s), complainant(s), witness(es), or accused are required to keep all information related to the investigation confidential except as may be needed to consult legal counsel or an association representative (if any). Revealing such information is grounds for disciplinary action, except as expressly permitted by law, such as in discussion with a legal or employee representative.
SEC. 16.5 EMPLOYEE’S DUTY TO DISCLOSE BENEFITS RECEIVED Employees are hereby informed that no supervisor, manager, or officer of the City, or other person or entity doing business with the City, is authorized to expressly or impliedly condition the receipt or denial of any benefit, compensation, or other term or condition of employment on an employee’s acquiescence to any sexual demand.
To the contrary, all employees are instructed that they must refuse such demands and report them promptly either to their immediate supervisor, the Human Resources Department, or to the City Manager. Any employee who is found to have accepted any benefit from the City because he/shethey submitted to an unreported sexual demand will be disciplined appropriately, including but not limited to, reimbursement for the value of any benefits received. Any employee making such a demand will be similarly disciplined.
SEC. 16.6 ADDITIONAL ENFORCEMENT INFORMATION
In addition to the City’s internal complaint procedure, employees should also be aware that the Equal Employment Opportunity Commission (“EEOC”) and the Department of Fair Employment and Housing (“DFEH”) investigate and prosecute complaints of discrimination, harassment, and/or retaliation in employment.
Employees can contact the EEOC as follows:
San Francisco City Office
450 Golden Gate Avenue
5 West P.O. Box 36025
San Francisco, CA 94102-3661
800-669-4000 | 510-735-8909 (TTY)
www.eeoc.gov
San Jose Local Office
96 N. Third St., Suite 250
San Jose, CA 95112
800-669-4000 | 800-669-6820 (TTY)
www.eeoc.gov
Agenda Item #9.6.
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Employees can contact the DFEH as follows:
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
800-884-1684 | 800-700-2320 (TTY)
www.dfeh.ca.gov
SEC. 16.7 TRAINING AND POLICY DISSEMINATION
A. All employees who are hired by the City will be given a copy of this Policy, and will receive guidance from the City on its provisions and the City’s commitment to provide a workplace free from discrimination, harassment, and retaliation.
B. All employees will be trained in accordance with applicable requirements of the Fair Employment and Housing Act (Government Code § 12950.1) and implementing regulations.
Non-Supervisory Employees: Non-Supervisory employees will receive training lasting for a minimum of one (1) hour, within six (6) months of their assumption of a position, and will be trained once every two (2) years on matters relating to the prevention, reporting and correction of harassment, discrimination and retaliation. Seasonal and temporary employees may receive the above one-hour training if they are directly hired by the City.
Supervisory Employees:
1. All supervisory employees will be trained once every two (2) years on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a non-supervisory position or as a new employee shall receive training within six (6) months of their hiring or assumption of the supervisory position.
2. Supervisory training will last for a minimum of two (2) hours.
3. Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
4.(a) Information and practical guidance regarding federal and state statutory laws about sexual harassment;
(a)(b) Information about the correction of sexual harassment and the remedies available to victims of sexual harassment; and (b)(c) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation.; Agenda Item #9.6.
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(c)(d) Information and practical guidance regarding the prevention of abusive conduct, which is defined as follows: conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include, but is not limited to, repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.
RULE 17. DRUG FREE WORKPLACE
SEC. 17.1 PURPOSE
It is the City’s goal to create a healthy and safe working environment in order to deliver the best and most efficient services to the members of the City. It is the responsibility of all employees of the City to cooperate in efforts to protect the life, personal safety, and property of co-workers and members.
Substance abuse has been found to be a contributing factor to absenteeism, substandard performance, increased potential for accidents, poor morale, and impaired public relations. It is the goal of this policy to prevent substance abuse, including alcohol abuse, in the workplace by clearly stating employee responsibilities relative to substance abuse and by providing managers and supervisors with guidelines and procedures for the detection of such abuse and the enforcement of related rules.
Accordingly, employees must take all reasonable steps to abide by and cooperate in the implementation and enforcement of these policies and regulations.
The City encourages employees who believe that they may have a drug or alcohol problem to voluntarily seek counseling, assistance, and/or rehabilitation, and will be supportive of those employees who voluntarily seek help before the City discovers that the employee has a drug or alcohol problem. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through the City’s Employee Assistance Program (E.A.P.) However, the City will be equally firm in identifying and disciplining those employees who are substance abusers and do not seek help before performance issues arise or other misconduct occurs.
Alcohol and/or drug abuse will not be tolerated on or off the job for any employee, and disciplinary action, up to and including termination, will be used as necessary to achieve the goal of eliminating substance abuse in the workplace.
As required by the Drug-Free Workplace Act of 1988, this policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City Manager and employees. To that end, the City will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) that increases the potential for accidents, absenteeism, Agenda Item #9.6.
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substandard performance, poor employee morale or damage to the City’s reputation.
All employees and applicants should be aware that violations of this policy may result in discipline, up to and including termination, or in not being hired.
SEC. 17.2 APPLICABILITY
This policy applies to all employees of and to all applicants for positions with the City.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal that could impair an employee’s or officer’s ability to effectively and safely perform the functions of the job.
Certain City employees are also subject to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952, as amended), which requires alcohol and drug testing of safety-sensitive transportation employees who are required to have a commercial driver’s license (49 CFR Parts 40, 382, 391, 392, and 395, as amended). Employees who are required to have commercial driver’s licenses are covered by this Policy, except to the extent that it conflicts with any other District policy or state or federal law governing drug testing of employees required to possess a commercial driver’s license.
SEC. 17.3 RESPONSIBILITY
It is the responsibility of all employees to understand and abide by the provisions of this policy. It is the responsibility of managers and supervisors to ensure that all employees and officers abide by the provisions of this policy.
SEC. 17.4 DEFINITIONS
A. Alcohol or Alcoholic Beverage. Any liquid containing ethyl alcohol (ethanol) and/or any beverage that has alcoholic content in excess of 5% by volume.
B. Applicant. Any person applying for employment with the City who has been extended a conditional offer of employment.
C. Controlled Substance. Any drug that is classified by the federal Drug Enforcement Administration into the five schedules or classes on the basis of their potential for abuse, accepted use, and accepted safety under medical supervision. Examples of controlled substances include, but are not limited to, marijuana/cannabis metabolites, cocaine metabolites, opiate metabolites, amphetamines, and phencyclidine (PCP).
D. Drug(s). Any substance (other than alcohol) or metabolite capable of altering the mood, sensory perception, cognitive abilities, motor skills, reaction time, rationality or judgment of the individual in whose body it is present. The term “drug” refers to both Legal and/or illegal drugs, as defined herein.
Agenda Item #9.6.
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E. Drug Paraphernalia. Any device or instrument used for injecting, smoking, consuming, or otherwise administering a controlled substance or legal and/or illegal drug, which includes, but is not limited to, the items set forth in California Health and Safety Code Section 11364.
F. Human Resources DepartmentDivision. The City’s Human ResourcesAdministrative Services Director or their designee.
G. Prescription Drug. Any substance lawfully prescribed by a licensed or regulated professional for consumption or use.
H. Illegal Drug. A controlled substance, a legal drug which has not been legally obtained, or a legal drug which was legally obtained, but that is being sold or distributed unlawfully.
I. Legal Drug. Any drug, including any prescription drug or over the counter drug, that has been legally obtained and that is not unlawfully sold or distributed.
J. Impaired. Diminished capacity, ability, mental acuity, or performance.
K. Intoxicant. Any substance (including alcohol and/or alcoholic beverages) or metabolite capable of altering the mood, sensory perception, cognitive abilities, motor skills, reaction time, rationality or judgment of the individual in whose body it is present.
L. Reasonable Suspicion. A belief based upon objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform their job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
1. Slurred speech;
2. Alcohol odor on breath, or other observed odor from an employee that is customarily associated with drug or alcohol use;
3. Unsteady walking and movement;
4. Physical impairment (e.g., glassy eyes, eye dilation, shaking, or erratic movement);
5. An accident involving damage to City property or personal injury;
6. Physical altercation;
7. Verbal altercation;
8. Unusual behavior;
Agenda Item #9.6.
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9. Job impairment;
10. Possession of alcohol or drugs; or
11. Information obtained from a reliable source with personal knowledge.
M. City Manager. The City Manager or their designee.
N. Under the Influence of Drugs or Alcohol. The use of (1) any alcoholic beverage; (2) any illegal drug or substance, or (3) the use or misuse of any legal drug, in a manner and to a degree that impairs the employee’s work performance or ability to use the City’s property or equipment safely.
SEC. 17.5 POLICY
A. Employee Responsibilities. An employee must:
1. Sign and submit to their immediate supervisor or the Human ResourcesAdministrative Services Director the Acknowledgement of Receipt of Drug-Free Workplace Policy, noting specifically that the employee has read, understood, and agreed to abide by the provisions of this policy as a condition of continued employment.
2. Not report to work or be subject to duty (on standby) while under the influence of alcohol and/or any alcoholic beverages. Employees shall not consume, use, possess, or be under the influence of alcohol and/or alcoholic beverages while on the City premises, on the City property, or in a City vehicle or at any time while on duty, during meal or rest periods, while on-call, while on stand-by or while wearing a City uniform.
3. Not report to work or be subject to duty while under the influence of drugs whenever the use of the legal drug might do any of the following:
(a) Endanger the safety of the employee or another person; (b) Pose a risk of significant damage to the City’s property or equipment; or
(c) Substantially interfere with the employee’s job performance or the safe or efficient operation of the City’s business or equipment.
(d) Also, employees shall not consume, use, possess, or be under the influence of any illegal drugs or intoxicants while on City premises, on City property, or in a City vehicle or at any time while on duty, during meal or rest periods, while on stand-by or while wearing a District uniform.
Agenda Item #9.6.
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4. Notify their supervisor, Department Head and/or the Human ResourcesAdministrative Services Director, before beginning work, when taking any medication or legal drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment. An employee who is unsure if a drug might impair their ability to perform the job properly and safely must advise their supervisor or Department Head of the potential concern before beginning work. In doing so, employees are not required to disclose the name of a medication or the medical reason for taking the drug, but may instead focus on the potential for impairment in relation to assigned job duties.
5. Not manufacture, possess, use, trade, offer to sell, sell, or buy drugs or alcohol during working hours or while subject to duty (on stand by), on breaks, during meal periods, or anytime while on the City’s property or wearing a City-issued uniform. This policy is not intended to prevent an employee from lawful possession, purchase or use of prescribed and/or over the counter drugs that do not impair the employee’s work performance or ability to use the City’s property or equipment safely.
6. Not store in a locker, desk, automobile, or other repository on the City’s property, any alcohol or illegal drug. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in their personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift.
7. Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or subject to duty. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in their personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift, where otherwise permitted.
8. Submit to an alcohol and/or drug test when requested to do so by the employee’s Department Head in accordance with the guidelines set forth in this policy.
9. Provide, within 24 hours of a request, bona fide verification of a current, valid prescription for any potentially impairing drug or medication identified when a drug test is positive. The prescription must be in the employee’s name.
10. File an “Employee Report of Conviction for Violating Criminal Drug Statutes in The Workplace” form with the Human Resources Department within five (5) days of such conviction.
B. City Responsibilities.
Agenda Item #9.6.
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1. The City Manager, in consultation with Human Resources, is responsible for reasonable enforcement of this policy.
2. The City Manager or supervisor, after consulting with Human Resources, may request that an employee submit to a drug and/or alcohol test in accordance with the guidelines set forth in this policy.
3. Whenever an employee refuses an order to submit to a drug or alcohol test upon appropriate request, the employee will be reminded of the requirements of this policy and the disciplinary consequences for their refusal. Such refusal may be considered insubordination and grounds for disciplinary action up to and including termination.
4. Where there is reasonable suspicion that an employee is under the influence of drugs or alcohol, the employee will be detained for a reasonable time until the employee can be safely transported home at the employee’s own cost.
5. Employees must not physically search the person of another employee, nor may they search the personal possessions of another employee without that employee’s consent in the presence of the City Manager or the Human ResourcesAdministrative Services Director.
6. Supervisors must notify the Human Resources Department when they have reasonable suspicion to believe that an employee may have illegal drugs in their possession or in an area not jointly or fully controlled by the City. If the Human Resources Department concurs that there is reasonable suspicion of illegal drug possession, the Human Resources Department may notify the appropriate law enforcement agency.
C. Rehabilitation.
1. General. The City encourages those employees who think that they may have a problem with abusing drugs and/or alcohol to seek assistance and rehabilitation at an early date, prior to notification of alcohol/drug testing, prior to performance issues or other misconduct associated with abuse, and prior to any other means of discovery by the City of the employee’s drug and/or alcohol problem. However, the City reserves the right to discipline employees, up to and including termination, who are discovered to have a problem with abusing drugs or alcohol, and do not come forward for help prior to the City’s discovery or the City’s demand that the employee submit to a drug or alcohol test.
2. Employee Assistance. The Employee Assistance Program (E.A.P.) is available to assist employees in their efforts to overcome Agenda Item #9.6.
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problems with drugs and/or alcohol abuse. Information pertaining to such programs may be obtained by contacting the Human
Resources Department.
3. Voluntary Referral. If done prior to the City’s discovery of or request for a drug or alcohol test, an employee’s effort to voluntarily seek treatment or rehabilitation for the first time, will not be used as the basis for disciplinary action. However, the City may in such cases require employees to comply with the provisions of the Last Chance Agreement and Follow-Up Testing.
4. Leave of Absence. If necessary, the employee may be granted a leave of absence in order to participate in treatment and rehabilitation. Such a leave of absence will be unpaid and subject to the requirements of applicable state/federal laws and the City’s Personnel Rules regarding unpaid leaves of absences. An employee is required to exhaust all paid leaves prior to being granted an unpaid leave of absence for the purpose of receiving treatment and rehabilitation. Where permitted by applicable law, the City reserves the right to deny such leave if granting the leave would impose an undue hardship on the City.
5. Last Chance Agreement. The City has the discretion to allow employees who are undergoing treatment or rehabilitation to sign a Last Chance Agreement in lieu of termination for work-related drug or alcohol use. A Last Chance Agreement is a condition of continued employment, in which the employee promises to complete the treatment or the rehabilitation program and to comply with other specified terms. If the employee refuses to sign the Last Chance Agreement or violates the agreement, the employee will be subject to disciplinary action up to and including termination.
6. Follow-Up Testing. An employee entering a rehabilitation or treatment program may be required to submit to random testing for up to one (1) year after completion of the program. If the employee fails to comply or if further substance abuse is detected upon such testing, the employee may be subject to disciplinary action up to and including termination.
D. Drug Testing Guidelines.
1. Drug Testing. Employees subjected to a drug test will be tested by submitting to a urinalysis test. The urinalysis test will be administered by a medical facility designated by the City, according to its testing protocol. The drug test will test for the following classes of drugs: amphetamines, cocaine, THC, methamphetamine, opiates.
Agenda Item #9.6.
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(a) Medical Marijuana. The City recognizes that the State of California has legalized the use of marijuana for certain medical uses as well as recreational use. However, in accordance federal law, the City treats medical marijuana the same as any other illegal drug that is subject to regulation under this Policy. The City reserves the right to take any action under this policy when the drug involved is marijuana, whether it is used for medical or non-medical purposes.
2. Alcohol Testing. Employees subjected to an alcohol test will be tested by submitting to a breathalyzer test. The breathalyzer test will be administered by the medical facility designated by the City, according to its testing protocol.
3. Pre-Employment Examinations.
(a) Required. Certain pre-employment physical examinations will include drug and alcohol testing. No drug or alcohol test will be administered prior to the applicant receiving a conditional offer of employment. Only safety sensitive positions or those positions that interact with children will be subject to this section. The City will designate whether the position is safety sensitive or interacts with Children in the job announcement. For purposes of preemployment drug/alcohol testing, this includes the following categories of positions:
Safety-Sensitive. Safety-sensitive positions include those positions with duties that are fraught with such risks to others that even a momentary lapse of attention can have disastrous consequences.
Interaction with Children. Positions that include interaction with children are those in which employees are directly responsible for protecting children or have continuous interaction or supervision that puts them in a position of influence over children. (b) Results. A positive result for a drug and/or alcohol analysis may result in the applicant not being hired. If a drug screen is positive at the pre-employment physical, the applicant may be requested to provide, within twenty-four (24) hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant’s name, or if the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant’s ability to perform the job duties, the applicant may not be hired.
Agenda Item #9.6.
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SEC. 17.6 ALCOHOL/DRUG TESTING OF EMPLOYEES
A. Cause. With the exception of the pre-employment drug and alcohol tests, employees will only be required to submit to drug and/or alcohol tests in the following circumstances:
1. When the City Manager, the Human ResourcesAdministrative Services Director, or supervisor has a reasonable suspicion that the employee is under the influence of drugs or alcohol while on the job or subject to being called to the job.
2. When the City Manager, the Human ResourcesAdministrative Services Director, or supervisor has a reasonable suspicion that the employee is in possession of drugs and/or alcohol in a manner which is in violation of this policy.
3. When an employee who suffers a work-related injury, which requires medical treatment other than first aid may be required to submit to a drug and/or alcohol test at the time they receive medical treatment for their injuries.
4. When the employee is subjected to Return to Duty and/or Follow-Up Testing following the employee’s return from rehabilitation and/or treatment.
B. Documentation. When the City Manager, the Human
ResourcesAdministrative Services Director, or supervisor requests that an employee submit to a drug and/or alcohol test based on reasonable suspicion, that person must document in writing the facts constituting the reasonable suspicion that the employee in question is under the influence of drugs and/or alcohol. When possible, the employee’s behavior should be witnessed and separately documented by another supervisor.
C. Prerequisite. Prior to the administration of any drug or alcohol testing, the City’s designated physician and/or the City Manager, the Human ResourcesAdministrative Services Director, or supervisor will attempt to obtain from the employee to be tested a completed and signed consent form. This form will provide the employee’s consent in writing to physical and/or psychological examination and testing and will authorize the release of such information by the physician to the City. Refusal by the employee to sign a consent form is considered insubordination and may be grounds for disciplinary action, up to and including termination.
D. Results. If the drug screen is positive, the employee may be requested to provide, within twenty-four (24) hours of the test results, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name.
Agenda Item #9.6.
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E. Confidentiality. Laboratory reports and test results will not be included in an employee’s general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control the Human Resources Department. The reports or test results may be disclosed to supervisors on a strictly need-to-know basis and to the tested employee upon request.
Disclosures, without employee consent, may also occur when:
1. The information is compelled by law or by judicial or administrative process;
2. The information has been placed at issue in a formal dispute between the City and the employee;
3. The information is to be used in administering an employee benefit plan; or
4. The information is needed by medical personnel for the diagnosis or treatment of the employee, when the medical personnel is unable to authorize the disclosure.
F. Disciplinary Action. Disciplinary action, up to and including termination, may be taken against an employee for any violation of this policy, including, but not limited to the following reasons:
1. Failure to comply with any of the Employee Responsibilities set forth in this policy.
2. Positive results from a drug and/or alcohol test.
3. Refusal to be tested in accordance with this policy.
4. Violation of or refusal to enter into a Last Chance Agreement.
SEC. 17.7 CONSTITUTIONALITY
It is the intent of this policy statement to conform to state and federal constitutional guarantees. Should any provision of this policy statement not conform to statutory, constitutional or court restrictions, such non-conforming provision(s) will not be enforced.
RULE 18. PERSONNEL FILES AND RECORDS
SEC. 18.1 IN GENERAL
The City maintains a personnel file on each employee. An employee’s personnel file will contain only material that the City determines is necessary and relevant to the administration of the City’s personnel program. Personnel files are the property of the Agenda Item #9.6.
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City, and access to the information they contain is restricted, subject to, and in accordance with, this Policy.
A. Inspection of and Obtaining a Current or Former Employee's Personnel File.
1. A current or former employee wishing to inspect/ obtain copies of their personnel file must submit a written request to the Human Resources Department, along with reasonable proof of identity. A current or former employee who seeks to authorize another person to inspect copies of their personnel file must provide a satisfactory written authorization for inclusion with the written request along with proof of identity. Reasonable proof of identity may be required at the time of in-person pick up of requested documents.
2. The City shall issue a written notice setting a date for inspection of the personnel file within thirty calendar days of receipt of the request, to take place during normal business hours. With the requesting person's written consent, the date for inspection may be extended on one occasion by up to five (5) calendar days. If the requesting person is a former employee who was terminated for violation of City policy or law involving harassment or workplace violence, the City shall have discretion to mail a copy of the personnel file at the City’s expense instead of scheduling an inperson inspection.
3. The City shall issue a written notice setting a date on which the requested copies may be picked up in person during normal business hours and identifying the cost of reproduction that must be paid to the City at the time of pick up. The date for in-person pick up of the documents shall be no more than thirty calendar days after receipt of the request by the City. With the requesting person's written consent, that date may be extended on one occasion by up to five (5) calendar days. If the requesting person is a former employee who was terminated for violation of City policy or law involving harassment or workplace violence, the City shall have discretion to mail a copy of the personnel file at the expense of the City instead of scheduling an in-person pick up.
4. A current employee may inspect their personnel file at the place the employee reports to work, or may instead consent to inspect their personnel file at City Office without loss of compensation. Inspection by former employees and authorized representatives shall take place at the Human Resources office, unless otherwise mutually agreed in writing by the City, and may require additional reasonable proof of identity.
5. A designated City employee must be present throughout the inspection. Neither personnel files nor contents of personnel files Agenda Item #9.6.
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shall be removed from the place of inspection without advance written authorization from the Human ResourcesAdministrative Services Director.
6. If the requesting person chooses delivery by mail instead of inperson pick up, the notice provided by the City shall also identify the additional actual postage expenses for which the requesting person must reimburse the City prior to receipt of the copies.
B. Limits on Frequency of Exercise of Rights to Inspect or Receive Copies of Personnel Files.
1. Current employees shall be entitled to exercise rights under this policy to inspect and obtain copies of personnel records at reasonable intervals upon reasonable notice in accordance with this policy.
2. Former employees shall be entitled to exercise rights under this policy to inspect or receive copies of their personnel records once per year.
3. The City shall comply with a maximum of fifty (50) requests per month filed under this policy by one or more representatives of current Employees.
C. Access to Personnel Records by Department Directors
1. Department Directors shall have access to all records, documents, and papers pertaining to employees in their department, if the examination shall aid in the discharge of their duties. All personnel records are confidential, and the Department Director shall maintain this confidentiality.
2. Each employee is responsible for keeping their file up to date by notifying the Human Resources Department of any changes to relevant personal information, including, but not limited to change of address, contact information, emergency contact information, and number and names of dependents for health benefit maintenance.
D. Personnel Action Form.
Every appointment, transfer, promotion, demotion, termination, or any other temporary or permanent change in status of employees shall be reported to the Human Resources Department in such manner as prescribed. A Personnel Action Form shall include the employee’s name, title of position held, the department to which assigned, salary, changes in employment status, residence data, and such other information as may be considered pertinent. Signature of the Human ResourcesAdministrative Services Director shall be included on Personnel Action Forms as a result of an appointment, promotion, demotion, transfer and termination. A copy of the Personnel Action Form Agenda Item #9.6.
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shall be included in the employee’s personnel file. A copy of the form shall be delivered to Finance before payment is made to the appointee.
RULE 19. POLICY ON THE USE OF ELECTRONIC COMMUNICATIONS SEC. 19.1 PURPOSE
A. The City is making every effort to provide its employees with the best technology available to conduct the City’s business. In this regard, the City has installed, at substantial cost, equipment such as computers and advanced technological systems such as electronic mail (E-mail) for use to conduct its official business.
B. This Policy was created to advise all users regarding the access to and the disclosure of information created, transmitted, received and stored via the use of land-line telephones, City-owned cellular phones, the Internet, City e-mail, computer systems, and Electronic Storage Systems. This policy also identifies the appropriate use of City cellular phones, ownership of City cellular phones, and address privacy of any data contained on or transmitted using City cellular phones, as outlined under this policy.
C. The City’s Policy regarding the use of the Electronic Communications Systems, including, but not limited to, Internet, intranet, and E-mail is, among other things, intended to guide employees on the performance of their duties. This Policy is also intended to place all users on notice that they should have no expectation of privacy when using any of the City’s Electronic Communications Systems.
D. The City reserves the right to monitor Internet use, all e-mail, and other computer transmissions, land-line telephones, City-owned cellular phones, as well as any stored information, created, or received by users within any of the City’s Electronic Communications Systems. The reservation of this right is to ensure that public resources are being used appropriately and to ensure that the City’s Electronic Communications Systems are operating as efficiently as possible in order to protect the public interest. All computer applications, programs, and any information—whether workrelated or personal, created or stored by users on City’s Electronic Communications Systems—are City Property.
E. This Policy applies to all employees of the City and to any person who is given access to the City’s Electronic Communications Systems. No person shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
Commented [A1]: Move entire section to Administrative
Policy
Agenda Item #9.6.
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SEC. 19.2 DEFINITIONS
A. Cellular Phone (Mobile Phone). A type of short-wave analog or digital telecommunication in which a subscriber has a wireless connection from a mobile telephone to a relatively nearby transmitter. Types of cellular phones include Digital/Analog, satellite, Wi-Fi, as well as Smartphones such as Blackberry, iPhone, and other data-enabled phones including devices equipped with direct connect functionality.
B. Electronic Communications. Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectric, or photo optical system, including but not limited to telephone calls, cellular phone calls, fax machine transmissions, text messages, and e-mail.
C. Electronic Communications Systems. All electronic equipment, devices, software, data, and/or other means of electronic communication (either furnished by the City or property of the employee used to conduct City business), including, but not limited to computer hardware and software, telephones, fax machines, cellular telephones, pagers, e-mail, Internet/World Wide Web, voice mail, personal digital assistants, and tablets. It also includes any wire, radio, electromagnetic, photo optical, photo electronic facilities for the transmission of Electronic Communications, and any computer facilities or related electronic equipment for the Electronic Storage of such communications as well as any newly created devices yet to be created.
D. Electronic Mail (E-mail). E-mail may include non-interactive communication of text, data, images or voice messages between a sender and designated recipient(s) by systems utilizing telecommunications links.
It may also include correspondence transmitted and stored electronically using software facilities called “e-mail”, “facsimile” or “instant messaging” system; or voice messages transmitted and stored for later retrieval from a computer system.
E. Electronic Storage Systems. Any stored data, wire or Electronic Communication incidental to electronic transmission thereof. It also means any stored communications by an Electronic Communications service for purposes of backup protection of such communication.
F. Hands-free. An adjective used to describe a device that can be used without the use of hands; most commonly used with mobile phones.
Hands-free devices are equipped with both a speaker and a microphone.
Common examples of hands-free devices are mobile headsets and earpieces, which can be wired or wireless, as well as blue-tooth devices, which use wireless technology to exchange data over short distances.
G. Messaging (Instant / Text (SMS) / PIN). A text-based conference over telecommunication lines such as the Internet and/or cellular frequencies Agenda Item #9.6.
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between two or more people who may or may be connected at the same time.
H. Internet. Internet refers to a worldwide network of networks, connecting informational networks communicating through a common
communications language or “protocol.”
I. Landline. Landline refers to Standard telephone and data communications systems that use in-ground and telephone pole cables in contrast to wireless cellular and satellite services.
J. Smartphone. A cellular phone that is characterized as a wireless telephone set with special computer-enabled features, such as e-mail, text-messaging, Internet, Web browsing, fax, PIM, and LAN connectivity that provides computing and information storage and retrieval capabilities for personal or business use. Examples include Blackberry, iPhone, and other data-enabled devices running software such as Windows Mobile and Android.
K. Social Networking Sites. Any web-based URL site that allows for the public or private posting of messages, photos or video. Social networking sites include, but are not limited to, Facebook, LinkedIn, Twitter, YouTube, Yelp, and Instagram.
L. Standards. Departmental directions or instructions describing how to achieve policy.
M. Users. Any person using the City’s Electronic Communications Systems.
N. Vendors. Any private person or business enterprise doing business with the City.
O. Wi-Fi cellular phone. A cellular telephone that can automatically switch between conventional cellular and Wi-Fi VoIP modes, even during the course of a conversation. A Wi-Fi LAN acts, in effect, as a cellular repeater for such a phone.
P. Litigation Hold. Litigation Hold, also known as “legal hold,” is used to preserve mailbox items, data and information stored on Electronic Storage Systems for discovery before and during legal proceedings, investigations or similar events. The goal is to preserve mailbox items from inadvertent or purposeful modification or deletion by the mailbox owner or any user with mailbox access, as well as automated deletion processes. Items in litigation hold are returned when discovery searches are performed.
Q. Public Record. Any record relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
Agenda Item #9.6.
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R. Records Retention Schedule. The most current protocol or schedule, approved by the Council, related to the retention or destruction of the City records.
SEC. 19.3 POLICY AND PROCEDURES
A. Access of Electronic Communications Systems.
1. No regular, probationary, temporary, seasonal, or contractual City employee or volunteer shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All employees, official, contractors, interns and volunteers provided access to the City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage shall be given a copy of this and all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance.
B. No Right of Privacy.
1. The City respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s work-related conduct or to the use of City-provided equipment or supplies.
Employees should be aware that the terms of this Policy limit their privacy in the workplace.
2. 2. The City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage are City property and are intended for City business. All Electronic Communications and Electronic Storage within these systems are the property of the City, regardless of the content, including any personal communications.
The City reserves the right to monitor the Electronic
Communications Systems for any reason at any time without notice to the user(s), including the right to review, audit, and disclose all matters and content sent over and/or stored on Electronic Communications Systems.
3. As a result, employees should be aware that no Electronic Communications transmitted on the Electronic Communications Systems, or Electronic Storage contained within the systems, is private or confidential. Employees should have no expectation of privacy with respect to any use, including storage, business or personal, of the City’s Electronic Communications Systems.
4. Employees should be aware that Electronic Communications and/or Electronic Storage can be copied, modified, and/or forwarded to others without the express permission of the original author.
Agenda Item #9.6.
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Therefore, employees must use caution in the storage,
transmission, and dissemination of Electronic Communications outside of the City and must comply with all state and federal laws.
5. Electronic Communications and/or Electronic Storage of the City may be recognized as official records in need of protection/retention in accordance with state and federal laws. All electronic communications are subject to the Personnel Rules and all state and federal laws, including but not limited to the California Public Records Act, open meeting laws, and the federal Electronic Communications Privacy Act.
C. Passwords.
All passwords created by the user or issued to the user are for the purpose of communication and are not to be shared, given, or otherwise disclosed to any other person. Passwords must not be shared and may be changed periodically by the City to ensure security. All security features contained within the City’s Electronic Communications Systems such as passwords, codes, or delete functions will not prevent the City from accessing employees’ business or personal Electronic Communications, stored or otherwise, on the City’s Electronic Storage Systems.
D. Appropriate Use of Electronic Communications Systems.
The City’s Electronic Communications Systems are designed to facilitate City business and communication through the appropriate use of the Electronic Communications Systems and Electronic Storage thereon. The City values its Electronic Communications Systems and Electronic Storage, and takes measures to safeguard them from corruption and illegal use, and to protect the City from any possible liability due to illegal use of the Electronic Communications Systems and Electronic Storage.
1. No user shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All users requesting authorization to access the City’s Electronic Communications Systems, Electronic Communications, and/or Electronic Storage shall be given a copy of all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance with those policies.
E. Improper Use of Electronic Communications Systems.
It is the responsibility of each City employee to use the City’s Electronic Communications Systems in a professional and courteous manner. The City forbids the use of its Electronic Communications Systems in a manner that violates any law, regulation, ordinance, or policy or procedure of the City. Electronic Communications Systems should not be used in any way that is offensive, harmful, or insulting to any person. Examples of prohibited uses include, but are not limited to:
Agenda Item #9.6.
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1. Illegal activities;
2. Solicitation of funds;
3. Political messages or transmissions;
4. Messages or transmissions that violate the City’s Policy Against Harassment, Discrimination, Retaliation and Abusive Conduct based on gender, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, marital status, sexual orientation, gender expression or identity, age, pregnancy, childbirth, or related medical condition, military or veteran’s status, or any other basis protected by applicable federal, state or local law;
5. Messages or transmissions that violate the City’s personnel rules, and/or another policy of the City, including, but not limited to, policy against workplace violence or drug-free workplace policies; or
6. Any other message or transmissions which are in any way inappropriate.
F. Personal Use of Electronics Communications Systems.
The City’s Electronic Communications Systems are primarily for conducting City business. Limited, occasional, or incidental use of the electronics communications systems (either furnished by the City or property of the employee) for personal, nonbusiness purposed is permitted only under the following circumstances:
1. Personal use may not interfere with the productivity of the employee or their co-workers;
2. Personal use may not involve any prohibited activity described in this Policy;
3. Personal use may not involve conduct that is prohibited under other City Policy or Rule;
4. Personal use may not disrupt or delay the performance of City business;
5. Personal use may not consume City resources or otherwise deplete system resources available for City business purposes;
6. Personal use may not be used for personal employee gain or commercial ventures;
7. Personal use may not support or advocate non-City-related business purposes.
Agenda Item #9.6.
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If an employee’s personal use of the City’s Electronic Communications Systems results in a cost to the City, the cost must be reimbursed to the City by the employee.
G. Retention of Electronic Communications.
1. All E-mail maintained on a City owned or furnished Electronic Communications Device or City controlled and maintained Electronic Communications System or stored on a City controlled or maintained Electronic Storage System is potentially a public record under California Public Records Act, Accordingly, employees and officials have the same responsibility for E-mail as for any other public record subject to the guidelines established under this Section.
2. No electronic communication shall be considered by the City to be retained in the ordinary course of business, with the exception of electronic communication containing content required to be retained by law. It is the responsibility of the creator to determine if an electronic communication sent internally should be classified as a record that requires retention in accordance with the City approved Records Retention Schedule. It is the responsibility of the recipient of an electronic communication received from outside City sources to determine if an electronic communication should be classified as a record that requires retention in accordance with the City Council approved Records Retention Schedule. Once retention status is determined, transfer of the electronic communication to a printed hard copy is required prior to deletion or purge from the electronic communication system.
3. Categories of E-mail: E-mail generally falls within two broad categories: transitory messages and public records of lasting value.
Questions about the proper classification of a specific E-mail, record, or piece of information should be directed to the employee’s supervisor or Department Head. City officials should consult with the City Manager or City Attorney.
(a) Transitory Messages:
An E-mail should be categorized as a “transitory message” when it is a routine communication or information exchange; does not have lasting value; does not document City business that should be preserved for future reference; and conveys information of limited important, in lieu of oral communication and has very limited administrative value.
Transitory messages include notices of meetings or events, internal requests for information, minor announcements about employee activities, listserve messages, personal messages, phone messages, and invitations.
Agenda Item #9.6.
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Some E-mail may contain information that is more than transitory, but not generally needed beyond a limited period or maintained in the ordinary course of business.
Examples include preliminary drafts, notes, memos, and some routine correspondence.
Such E-mail may be deleted after the default retention period established below, but before the minimum two-year retention period for public records of lasting value, when the information is no longer needed for operational purposes and has limited historical significance or value.
Transitory messages should be read and deleted from the applicable City Electronic Communications System or Electronic Storage System within 30 days of receipt.
When job requirements necessitate retention for periods longer than 30 days, transitory messages should be moved off the applicable City Electronic Communications System or Electronic Storage System to an appropriate department folder, and deleted when their usefulness has ended.
(b) Public Records of Lasting Value:
An E-mail should be classified as a public record of lasting value when it (1) has operational value, such as administrative actions taken or planned, reports or recommendation, policies, procedures, guideline, templates, and information needed to ensure continuity of operations; (2) is required to be kept by law; (3) has fiscal value or is required for financial reporting and audits; and (4) has historical signification.
E-mail messages that have lasting value should (1) not be stored in an individual user’s E-mail folders/files; (2) be electronically stored in a shared public folder on a departmental networked file system as directed by the IT Director; (3) be printed and maintained in hard copy format, if needed; and (4) be retained for at least the minimum two-year period required under the City’s Records Retention Schedule.
Only the Department responsible for the retention of a specific type of information or record is required to store and control the disposition of a public record in electronic form. Other recipients should not retain messages longer than required for their respective job or position purposes. When the need no longer exists, the information should be deleted.
4. Default Retention Period.
(a) E-mail in the “deleted items” folder will be automatically deleted after thirty (30) days.
(b) E-mail in mailboxes, including any subfolder, will be automatically deleted after two (2) years.
5. Litigation Holds.
A litigation hold directive will be issued by the City Attorney’s Office or City Manager’s Office when required by law due to pending or threatening litigation.
Agenda Item #9.6.
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A litigation hold directive overrides this Policy, as well as any records retention schedules.
E-mail and accounts of separated employees that have been placed on litigation hold status must be maintained by the IT Department until the hold is released.
No employee or official who has received a litigation hold directive may alter or delete an E-mail that falls within the scope of that hold. Such individuals will also be required to provide access to or copies of any Electronic Communications that they have downloaded and saved, or moved to some other storage account or device.
H. Access of Another Person’s Electronic Communications.
Employees may not intentionally intercept, eavesdrop on, record, read, alter, retrieve, receive, send, or use another person’s Electronic Communications and/or Electronic Storage without proper authorization. Employees, including system administrators and Supervisors, may not, without proper authorization, peruse Electronic Communications and/or Electronic Storage of other employees. Proper authorization may be granted as set forth this Policy.
I. Requests for Access to Employee’s Data, Messages, and Phone Records.
Requests for access into an employee’s individual data, messages, and phone records will be made to the City Manager. The City Manager may grant such request and direct appropriate action.
If the request is made pursuant to a Public Records Act request, then the City Manager may seek assistance of the City Clerk and the IT Director to obtain responsive records, request the employees to conduct a search of any Electronic Communications Device (whether personal or City issued) for such responsive records and request a written statement concerning the results of the search.
J. City-Wide Website Policies.
1. The City website, including all domains owned and maintained by the City, represents a fundamental communication tool for providing critical City information to the public. The goal of the website is to encourage increased participation in City government and to help create a more vibrant community for residents and visitors alike.
Toward that end, the development and use of the City’s sites are guided by the Web Site Policy.
2. The City Manager is responsible for the creation and implementation of the City website, ensuring compliance with the City’s policies regarding the website, and maintaining and securing the City’ servers and website.
3. To preserve the public nature of the City’s website and to avoid any perception that the City endorses or provides favorable treatment to Agenda Item #9.6.
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any private person or business enterprise (hereinafter collectively referred to as “vendor”), no corporate or commercial logos or links to vendor sites will be allowed on the City’s external website, unless such link represents a mission critical partnership and is permitted by the City Manager.
4. Vendors that create or maintain a website for the City must follow all policies established for the City’s website.
5. The City’s website is for “official use” only. All information disseminated through the City’s website must be related to the official duties and responsibilities of employees and City departments.
6. The California Public Records Act applies to information processed, sent and stored on the Internet. Confidential information should not be posted on the City’s external website. The City Manager must approve all posted information.
7. No City employee or official may use any City website for campaignrelated purposes. Such campaign-related purposes include, but are not limited to, the following: statements in support or opposition to any candidate or ballot measure; requests for campaign funds or references to any solicitations of campaign funds; and references to the campaign schedule or activities of any candidate. No City official’s website may be linked to any private website related to a candidate’s campaign for elective office.
K. Internet Usage Policies.
1. Authorization for Internet Access. Authorization for Internet access must be obtained through the employee’s immediate supervisor or Department Head. Once authorization is approved the employee is responsible for the security of their account password and will be held responsible for all use or misuse of their account. Users must maintain secure passwords.
2. General Provisions. The City reserves the right to limit access to certain sites deemed inappropriate. Access may be monitored at the request of a supervisor. Should the need arise; you are obligated to cooperate with any investigation regarding the use of your computer equipment.
Questions regarding confidential or proprietary information should be directed to the City Manager. City management has the right to monitor and log all transactions in or out of the system. All security features contained within the City’s Electronic Communication Systems such as passwords, codes, or delete functions will not prevent the City from accessing employees’ Electronic Communications, stored or otherwise, on the systems.
Agenda Item #9.6.
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3. Appropriate Use of the Internet. Employees who are granted access to the Internet are expected to use this access in a professional and courteous manner. The prohibited uses of Electronic Communications Systems described in this Policy apply to the use of the Internet. All users should be aware that appropriate use of the Internet includes, but is not limited to, the following rules:
(a) Never use an account assigned to another user.
(b) Never make an unauthorized attempt to enter any computer. (c) Never post, send, or provide access to any confidential City materials or information, unless authorized.
(d) Never post, send or provide videos or still footage taken during working hours and/or during the course of employment to any social networking website.
4. Improper Use of the Internet. Employees should be aware that the improper use of the Internet also includes, but is not limited to:
(a) Disclosing confidential information obtained in the course of employment;
(b) Accessing websites or online content that may degrade, hamper, or impede on the performance and/or capacity of the City’s Electronic Communication Systems;
(c) Accessing gross, indecent, obscene, harassing,
pornographic, or sexually explicit materials;
(d) Accessing gambling sites;
(e) Accessing illegal drug-oriented sites; and
(f) The representation of yourself as someone else, real or fictional.
5. Accessing social networking sites.
(a) Personal Use of Social Networking Sites. The City
does not condone the personal use of social
networking sites during the workday or by using Cityowned equipment. Employees are also reminded and cautioned that information posted on a social
networking site may not be private or confidential.
Employees are also reminded and cautioned that
information posted on a social networking site may be
used as evidence in administrative or legal
Agenda Item #9.6.
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proceedings. An employee’s use of social networking
sites in a manner that violates City Rules or Policies
will not be tolerated by the City and may be grounds
for disciplinary action, up to and including termination. (b) Official City Use of Social Networking Sites. The City may elect to use social networking sites to
communicate with the public. Such official use of
social networking sites is regulated by the City
Manager. No department in the City may establish a
presence on any social networking site without the
advanced approval of the City Manager.
No employee is authorized to post information on behalf of the City on any social networking site without the express, written permission of the City Manager.
Unauthorized posting on behalf of the City will not be tolerated.
L. Employee Terms of Use for City-Issued Phones.
City-issued phones are provided for the conduct of City business. All telephone equipment (land-line phones and cellular phones) shall be issued to personnel according to the needs defined in their job description.
The use of phones by employees for making personal calls may be permitted, subject to the provisions of this Policy, if it does not interfere with the conduct of City business. The use of City’s phones must be in accordance with the following procedures:
1. All calls should be limited to the shortest amount of time necessary to conduct City business.
2. All City employees must continuously strive to minimize costs.
3. Employees are not allowed to use City-issued phones in an illegal, illicit, or offensive manner.
4. Employees are not allowed to use City-issued phones to conduct personal for-profit business.
5. Safeguarding issued equipment is the responsibility of the individual employee. Misuse or abuse of equipment may be cause for disciplinary action and/or cost reimbursement.
6. Features on cellular phones such as directory assistance, busy signal confirmations, text messaging, and emergency interrupts should only be used for official City business and only when absolutely necessary. Misuse or negligent use of these features may be cause for disciplinary action and/or cost reimbursement.
Agenda Item #9.6.
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7. Employees are not allowed to operate cellular telephones, tablets, PDAs, laptop computers, navigational devices or any other devices that may cause driver distraction when driving a City vehicle or when driving a private vehicle being used to conduct City business.
Employees shall make every attempt to properly park their vehicle prior to using such devices. The only exception to this rule is if the employee uses a hands-free device.
8. Any personal calls made from a City-issued phone will be the responsibility of the employee. Employees are responsible for identifying minutes of personal use and then reimbursing the City for additional costs incurred by the City. The reimbursement amount should be a simple calculation of the per-minute rate charged for every minute of personal usage. This reimbursement should be made payable to the “City of St. Helena” and should be submitted as payment to the City within ten (10) days of receiving the bill.
9. The City may provide employees with a monthly cellular phone bill and quarterly desk phone usage report for the telephone numbers assigned to them. It is the responsibility of the employee to identify the minutes of personal use and reimburse the City. This reimbursement should be made payable to the “City of St. Helena” and should be submitted as payment to the City within ten (10) days of receiving the bill or usage report.
M. City-Issued Phone Monitoring.
The Human Resources Department is responsible for reviewing and monitoring their staff’s cell phone bills on a regularly, usually monthly, basis. The Human Resources Department is also responsible for distributing the cell phone bills to employees for review. If cellular phone overage is due to increased City business use, the employee should tell their supervisor. The supervisor may then contact the Human Resources Department and request that the employee’s plan be altered.
On an annual basis, the Human Resources Department may review which employees have cell phones and whether or not they still need them.
The Human Resources Department is responsible for documenting the issuance of a cell phone, its accessories, and ensuring that they are returned once the employee has exited the department.
N. Use of Personal Electronic Communications Devices or Private E-mail Accounts for City Business.
No user should conduct City business on any non-City issued Electronic Communications Devices or non-City E-mail account without prior written authorization from the City, and any such use is highly discouraged.
Agenda Item #9.6.
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If any City business is inadvertently conducted on non-City issued Electronic Communications Devices or non-City E-mail accounts, the employee or official must: (a) forward all such Electronic Communications or records memorializing the City business to their City-issued Electronic Communications Devices or City E-mail account; or (b) print out any such Electronic Communications or records and retain them according to the procedure stated in this policy.
Any user who uses personally-owned Electronic Communications Devices to access the City’s E-mail server for work-related purposes must be aware that by doing so, they are waiving certain privacy interests, and that City-related E-mails, data or other material accessed, located, stored, or transmitted on personal Electronic Communications Devices, are subject to all City Personnel Rules and policies and all federal, state, and local laws, including, but not limited to, the California Public Records Act, the MeyersMilias-Brown Act, and open meeting laws.
Employees conducting City business on off-duty time on any Electronic Communications Device (whether personal or City-issued) must report such activities to their supervisor and note this activity on their timecard as time worked.
O. Violation of Policy.
Violations of this Policy shall be reported to the City Manager and/or the Human Resources Department. Any employee who accesses the City’s Electronic Communications Systems without complying with the procedures set forth in this Policy or otherwise violated this Policy may be subject to disciplinary action, up to and including termination, as provided for in the City’s Personnel Rules. In addition, misuse of the Electronic Communications Systems may, in appropriate cases, be referred for criminal prosecution.
RULE 20. VEHICLE USE POLICY AND ACCIDENT REPORTING
SEC. 20.1 PURPOSE
Employees may be authorized to operate City vehicles for the purpose of conducting City business, provided the employee driver is at least 18 years old, has a valid California Driver’s License for the vehicle being drive, has reasonable experience driving the type of vehicle being used, could reasonably be expected to operate the vehicle in a safe and prudent manner and meets the requirements as set forth below.
Compliance with California law and these rules are required for any eligible driver to be authorized to use a City vehicle and for any driver of a non-owned, borrowed or rental vehicle being used on City business when authorized passengers will be transported.
The City is authorized to deny a vehicle to anyone if, in the sole opinion of the City, there is any reason the vehicle may not be operated safely. Individual supervisors may impose additional standards, restrictions, or driver education or training requirements.
This Rule is in addition to any requirements, standards, operating restrictions, or suspensions imposed by law.
SEC. 20.2 AUTHORIZED DRIVERS
Commented [A2]: Move entire section to Administrative
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Agenda Item #9.6.
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Authorized drivers are City employees, and those officially authorized volunteers and agents, Volunteers or agents may be considered employees for vehicle liability coverage, provided the vehicle use is solely for the benefit of the City or to conduct City business, and the volunteer or agent is officially authorized to drive by the City.
Contractors are not eligible and may not use City vehicles without written authorization from the City.
Authorized drivers are not consultants or vendors, speakers, members of special event groups, government representatives, or members of visiting community organizations.
SEC. 20.3 AUTHORIZED PASSENGERS
Authorized passengers include those in official City-sponsored or authorized transportation programs and City employees, agents, or volunteers while on authorized City business. Authorized passengers may also include persons who are on location at the City’s request, for example, for potential employment at the City, to provide contracted services, or for participation in a City event/program. Other examples of authorized passengers include visiting faculty/staff, government representatives, or community organizations. All other passengers are prohibited from traveling in City a vehicle.
Examples of unauthorized passengers are employee’s spouse, children, or other family members, friends, or neighbors of a City employee driver, or members of the general public.
SEC. 20.4 APPROVED USERS
City vehicles may be used solely for the purpose of conducting City business.
Examples of approved uses include conducting departmental business, business errands, or a City employee on site, City-related sponsored, or approved conferences, meetings, events, and use by volunteers in programs sponsored by, directed by, or for the sole benefit of the City.
SEC. 20.5 SUPERVISORY RESPONSIBILITY
It is the responsibility of the Department Head where vehicles are assigned to see that their vehicles are in proper working condition. Each Department is responsible for instructing new employees in the proper method of fueling and servicing vehicles.
Employees must ensure that each vehicle is mechanically maintained, washed and cleaned, and parked within its designated area.
Designated City employees must have City vehicles in readiness for emergency purposes. Duty or standby employees (Maintenance Departments) may be authorized to take assigned vehicles home. In addition, the City Manager may provide authorization for other positions to take vehicles home on an as needed basis.
Employees authorized to operate City-owned vehicles must maintain and carry a valid California Class A, B or C driver’s license.
Agenda Item #9.6.
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SEC. 20.6 VEHICLE OPERATOR RESPONSIBILITIES
A. Employees must obey all State traffic laws and safe driving procedures.
B. Personal Vehicle Used for City Business.
C. Personal vehicles may not be used for City business unless such use is approved in advance by the City Manager. If the use of a personal vehicle has been approved, the employee may be reimbursed for such use at the rate per mile recognized by the Internal Revenue Service, for no more than the actual number of miles driven, plus reasonable parking fees and tolls. This cash reimbursement is the only approved reimbursement method; reimbursement may not be “in-kind” by the provision of fuel, parts, service, or any other thing of value at City expense. No additional reimbursement will be allowed except in writing by the City Manager, and then only when extraordinary and unforeseeable expenses not under the control of the City or the employee are encountered. Prior to operating a personal vehicle in the course of employment, the employee must show proof of liability insurance on that vehicle and possess a valid California driver’s license.
D. Employees must view a safe driving training video before driving City or personal vehicles on City business.
E. All drivers will be subject to periodic reviews of their DMV reports. Employees that operate City vehicles or their own vehicles on City business are required to report suspension or revocation of their license to ttheir supervisor and to the Human Resources Department. Failure of an employee to report a change in license status may result in disciplinary action.
F. Employees are not authorized to operate vehicles for which they have not been trained including safety procedures and vehicle maintenance requirements.
G. Employees using a personal vehicle in the performance of City work must provide proof of adequate insurance coverage for collision, personal injury, and property damage to the City. Whether coverage is adequate shall be determined in the sole discretion of the City Manager. Employees who use privately-owned vehicles for City business are responsible for bodily injury and/or property damage to others resulting from such privately-owned vehicle use.
SEC. 20.7 VEHICLE USE REQUIREMENTS
A. All City vehicles (except for one vehicle) are clearly identified as City-owned vehicles and reasonably uniform in color and appearance.
B. City-owned vehicles are restricted to official City use.
C. Drivers are responsible to complete appropriate paperwork prior to operating City vehicles. Thorough completion of vehicle checklists is required, including name, department, City vehicle number, pre/post-driving checklist, odometer reading, and signature. The driver will walk around and inspect the vehicle for damage, inoperable Agenda Item #9.6.
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lights, loose hardware, dirty windshields, tire condition and any other condition that may create an unsafe situation. Checklists will be reviewed by the supervisor and kept in the City Office, files.
D. Employees must wear seatbelts at all times when in a City vehicle or in their personal vehicle on City business.
E. No one may operate a City vehicle, or a personal vehicle in the course of their employment, while under the influence of drugs or alcohol, or under any other influence that would render him/her unsafe to operate a motor vehicle.
F. Operating a City vehicle or a personal vehicle in the course of one’s City employment—after drinking alcoholic beverages—is never permitted, regardless of how much alcohol is consumed, and what the location/social event is. City employees are required to plan transport home or to the City premises—after drinking alcoholic beverages— including, but not limited to, requesting a friend/co-worker to give a lift, to ride with a driver who hasn’t been drinking, catching public transportation, and sharing a taxi/Uber/Lyft with others.
G. City employees are prohibited from using cell phones while driving on City business and/or City time. The only exception to this rule is when the employee uses a hands-free device.
H. As determined by City management, if an employee’s duties require that he or she keep a cell phone turned on while driving, the employee must use a hands-free device. Employees are prohibited from reading/sending/composing text messages, emails, or instant messages while operating a vehicle on City business and/or City time.
I. Pursuant to City policy and as required by law, an employee under the age of 18 years is prohibited from driving a motor vehicle while using a cell phone or other mobile service device, even if equipped with a hands-free device. This prohibition does not apply to such a person using a wireless telephone or a mobile service device for emergency purposes. Any violation of this policy is a violation of City rules subject to disciplinary action and may be a violation of law subject to criminal penalties.
J. Vehicles must not be parked in “No Parking” zones except in emergency situations.
K. Employees will be personally responsible for paying any citations and parking tickets received during use of City vehicles.
L. Vehicles must not be left unattended with the key in the ignition. Employees who violate this policy shall be disciplined. Vehicles will be locked when not occupied M. Vehicles may not be driven out of state unless specifically authorized by the City Manager.
Agenda Item #9.6.
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N. Unless expressly authorized otherwise by the City Manager, City vehicles may be used only for City business and must remain on City property at any time they are not being used on City business, except:
Because they are subject to call in serious situations, when transportation and radio communication are critical, the Chief Plant Operator, Chief Wastewater Treatment Plant Operator, Streets & Buildings Superintendent, Parks & Trees Superintendent, Underground Utilities Superintendent, Operations Manager, Assistant Operations Manager, Public Works Director and the Chief of Police are authorized to drive a marked City vehicle between home and work for the convenience of the City. These vehicles may not be used for personal errands but may be used only for official business. Given the design of these City vehicles (e.g., with clear police, fire and public safety officer marks meets the “qualified non-personal use vehicle” requirements under applicable IRS regulations, the use of these City vehicles for commuting will not be reported as fringe benefits. Yet, the value of permitting these employees to use these City vehicles to commute will be included in wages, subject to legally required withholdings.
In order to have tools and materials on-hand and to provide timely transportation to emergency or problem areas, personnel designated as “on-call” may drive a City vehicle between work and home during those times they are “on-call.” These vehicles may not be used for personal errands, but may only be used for official business, other than the trips to and from work. If these vehicles do not meet the IRS “qualified non-personal use vehicle” requirement, using these City vehicles to commute shall be a non-cash taxable fringe benefit.
O. Use of City Vehicles during Off-duty time.
1. The City provides certain employees “take home City vehicles” as a mutual benefit, and these employees subject to call out are expected to respond to City needs at all hours of the day and night, weekend and holidays included. The City recognizes employees’ needs to address personal matters while commuting to and from the City, and driving a City vehicle is not intended to create further hardship for the affected employee beyond being subject to call out; As a result, de minimis personal use of a City vehicle while commuting to and from work is a reasonable accommodation.
2. Employees may not deviate from a direct path between home and work, or stop en route for personal business, except where such personal business would be considered de minimis in nature and an essential action in the employees’ personal life.
Driving a City vehicle is not intended to create a hardship for the affected employee.
3. After 5 p.m. Monday through Friday, and at any time on weekends and holidays when any City vehicle is parked other than for City work, or at the employee’s home, the employee must notify the Police dispatcher, the location of the vehicle and how long it will be left unattended.
4. Other than for City business, only City employees are allowed to ride in a City vehicle, except carrying a passenger to meet an unusual situation, as permitted by the City Manager. More intensive use, or use outside of permitted exceptions, is prohibited.
Agenda Item #9.6.
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5. Use of City vehicles during off-duty time is limited to responding to call outs, commuting to and from work, and transportation to other official City business. City vehicles may not be used for personal trips and errands (except as described in (1) above). During those times that an employee is designated as “on-call” and being compensated with stand-by pay, the employee is expected to be able to get to the vehicle and respond to an emergency within a reasonable time.
Employees must ensure that (1) vehicle doors are locked, (2) lights are off, and (3) windows are closed and (4) the vehicle is free of debris after each use.
Any deficiency encountered must be reported to a supervisor immediately. It is the supervisor’s responsibility to ensure that appropriate action is taken to correct the problem. At no time shall an unsafe vehicle be driven.
SEC. 20.8 REQUIRED REPORTING OF ACCIDENTS/VIOLATIONS
In the event of an accident involving a City vehicle, or a personal vehicle being used for City business, the employee operating or having custody of the vehicle shall immediately, or as soon as practical, report the accident to a law enforcement agency of appropriate jurisdiction. In the event the contacted agency declines to investigate, the employee should include in their report the agency contacted and the date and time of contact. The employee shall cooperate fully in any accident investigation and shall, as soon as practicable, furnish to the City Manager, or the Human Resources Department, and to the City’s insurance carrier (the Redwood Empire Municipal Insurance Fund, or “REMIF”) a written report of the accident.
A City driver must promptly report to their supervisor all accidents, moving violations, or other vehicle citations that occur while the employee is conducting City business. The driver’s supervisor must immediately forward the information to the Human Resources Department. Failure to report accidents, convictions, and violations as required may result in the loss of privilege to use City vehicles and disciplinary action.
Mandatory post-accident testing for drugs and alcohol will be conducted in accordance with the City’s Drug-Free Workplace policy.
Hit and run and vandalism are criminal incidents and must be reported to the police and the City.
City drivers must immediately report any accident, incident of damage, or personal injury involving City vehicles.
All drivers and employees are expected to properly safeguard the City’s vehicles and use them in accordance with City policy. If it is determined that a vehicle is being misused, or is at substantially higher risk of theft or damage due to a lack of reasonable precautions by employees, employees may be required to forfeit use of the City vehicle.
SEC. 20.9 INSPECTION, SERVICE AND MAINTENANCE POLICY
Agenda Item #9.6.
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All City vehicles will at all times be kept in good repair, serviced, and clean. Any City vehicles found to be in an unsafe condition should be immediately removed from service until all safety defects have been corrected.
All maintenance and repair work will be done by City personnel at City facilities unless authorized otherwise by a Department Head or the City Manager, except emergency repairs necessitated by extraordinary circumstances.
All fuel purchased will be through retail outlets designated by City Manager and according to established procedures. If fuel must be purchased using an employee’s own resources, the driver will be reimbursed on presentation of proof-of-purchase and utilizing an expense reimbursement form.
City vehicles including construction equipment, forklifts, and other equipment are required to be serviced and maintained in accordance with the manufacturer and City guidelines, whichever is stricter. Every vehicle must undergo a monthly inspection by the driver (tires, brakes, lights, turn signals, horn, no cracked/broken glass, current registration, current insurance card, clean appearance).
City guidelines for vehicle service and maintenance include complying with manufacturer’s service recommendations, using recommended types of gasoline; maintain proper fluid levels (oil, antifreeze coolant, brake, and transmission, etc.) and ensuring proper tire pressure; working signals, lights (headlamps, turn-signal lights, taillights, brake-lights, etc.), brakes, and other vehicle safety items.
Failure to comply with the service, maintenance, and inspection requirements of this program may result in suspension of driving privileges, increased insurance charges, and/or loss of the vehicle.
SEC. 20.10 ELECTRONIC TRACKING TECHNOLOGY
The City, in its sole discretion may install Electronic Tracking Technology on City-owned or leased vehicles to increase efficiencies, save on fuel costs, facilitate City business, and enhance City services.
Electronic Tracking Technology means a technological method or system used to observe, monitor, or collect information, including telematics, Global Positioning System (GPS), wireless technology, or location-based technologies. Electronic Tracking Technology used for public safety greatly enhances job performance, personnel safety, situational awareness, and may provide assistance in time critical scenarios. City employees may, in the course of employment, be required to drive and/or ride in agency-owned or leased vehicles equipped with Electronic Tracking Technology.
Electronic Tracking Technology may include Event Data Recorders (EDR), Sensing and Diagnostic Modules (SDM), or other systems that are used for the purpose of identifying, diagnosing, or monitoring functions related to the potential need to repair, service, or perform maintenance on the City vehicle and/or to capture safety systemsrelated data for retrieval after a collision or similar incident has occurred. The following information may be generated by the City’s Electronic Tracking Technology: (1) Mileage Agenda Item #9.6.
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reports; (2) information about where vehicles were located and at what time; (3) the last reported location of vehicles; (4) the path a vehicle traveled during any period of time; (5) the speed the vehicle traveled; and (6) how long a vehicle was idle or stopped for a given period of time. As such, Electronic Tracking Technology allows the City to monitor location, elevation, and velocity of its vehicles, at any time. The City may use Electronic Tracking Technology at its sole discretion, and in the ordinary course of business.
Electronic Tracking Technology in City vehicles may also be used to for other businessrelated purposes, including, but not limited to, metrics, performance measures, locating stolen vehicles, providing aid to vehicles that break down, increasing employee safety, managing agency resources effectively, or ensuring that routes or assignments are being followed.
Additionally, the City may utilize Electronic Tracking Technology during a disciplinary investigation or discipline of its employees pertaining to the misuse or abuse of their vehicles, inappropriate use of time, speeding, or other misconduct or violation of City directives, documented procedures, or Personnel Rules and Regulations.
Employees are prohibited from tampering with, altering or attempting to alter, disabling, or destroying any Electronic Tracking Technology equipment.
RULE 21.RULE 19. PERSONAL TELEPHONE USE AND TEXT MESSAGING A. Employees are encouraged to keep all personal phone calls and text messaging to a minimum, regardless of whether the employee is using a City-owned telephone or a personal telephone. Friends and relatives should be discouraged from calling and texting during working hours unless there is an emergency. Personal calls and text messages should be made during break periods or lunch whenever possible. Personal long distance or toll calls from a City owned telephone are to be charged to the employee’s own telephone number or long-distance calling cards/apps.
B. Excessive personal phone calls or text messaging, or communications through similar electronic means, may result in disciplinary action, up to and including termination.
RULE 22. EMPLOYEE REIMBURSEMENTS AND TRAVEL
SEC. 22.1 PURPOSE
A. Employees have a right to receive reimbursement for all appropriate business expenses.
B. This Rule is to assure that City employees and officials adhere to procedures when arranging for travel, lodging, meals, and other expenses and that they are paid for reasonable expenses incurred for travel, conferences, meetings, and meals as a result of conducting authorized City business. The Rule assures that payments made by the City are for Commented [A3]: Move entire section to Administrative
Policy
Agenda Item #9.6.
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actual and necessary expenses incurred for City business. It also assures that City employees and officials will receive advances and/or reimbursements in a timely manner.
C. This Rule assumes a mutual trust between the City and its employees and City officials. Employees are expected to use good judgment in the expenditure of public funds with which they have been entrusted.
Employees and officials are advised, by virtue of this policy, that not attending any conference or training is unethical and a dereliction of duty.
D. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of City travel. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City’s resources.
SEC. 22.2 APPLICABILITY
A. As used in this Rule, “employee” shall refer to all City employees, officials, and City Council members.
B. As used in this Rule, “conference” shall refer to an official function of a professional or governmental organization or agency normally requiring attendance for more than one (1) day.
C. As used in this Rule, “meeting” shall refer to a meeting with one or more persons for the conduct of City business or an official meeting of a professional or governmental organization or agency not requiring overnight accommodations or meals other than those related to the meeting.
D. As used in this Rule, “local area travel” shall refer to travel within an area generally within 300 miles of, or five hours of travel time from, St. Helena.
SEC. 22.3 AUTHORIZED TRAVEL EXPENSES
A. Except as otherwise provided, all employees must seek prior authorization, pursuant to the reimbursement procedures set forth below, for reimbursement pursuant to this Section.
B. Employee travel may be authorized for local and non-local travel activities, undertaken for the purpose of conducting City business, such as professional meetings, conferences and training sessions. Payments for travel and meeting expenses may be in the form of either advances or reimbursement, including appropriate registration fees, food, lodging, transportation costs, and reasonable incidental expenses as described in this Rule.
C. Travel at City expense will be undertaken only upon approval of the City Council, City Manager, or Department Head and in accordance with Agenda Item #9.6.
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guidelines outlined herein. Any deviation from the specific provisions may be granted only by the City Council:
1. Conference: Attendance at conferences shall be subject to the following:
(a) Funds must be available in the proper department budget category to cover the anticipated costs of the conference.
(b) Out-of-state travel requires City Council approval, except for those out-ofstate destinations that are within fifty (50) miles from the California border (e.g., Reno, Nevada).
(c) Following return from a conference, the employee may be required to submit to the City Manager a brief report containing an overview of the conference and assessment of the value of the attendance at the conference.
2. Meetings: Attendance at meetings shall be subject to the following:
(a) Sufficient funds are available in the appropriate budget for the meeting expenses.
(b) The employee is required to obtain approval of the Department Head or the employee’s immediate supervisor.
(c) Attendance of a Department at any meeting requiring absence from the City for all or most of a work day shall be subject to prior notification to the City Manager.
3. Lobbying:
(a) Sufficient funds are available in the appropriate budget. (2) City Council approval is required prior to the trip. Agenda items to identity Council adopted policy decision or strategy, identification of the City delegation, the officials or agencies to be contacted, and the estimated costs of the trip are required. Expenses eligible for reimbursement under this Section generally include: (a) communicating, including lobbying, with representatives of regional, state, and national government on City adopted policy positions; (b) attending educational seminars designed to improve employees’ or officials’ skills and informational levels; (c) participating in regional, state, and national organizations whose activities affect the City’s interests; (d) recognizing service to the City; (e) attending City events; (f) implementing a St. Helena City Council-approved strategy for attracting or retaining business to St. Helena, which will typically involve at least one staff member.
Expenses ineligible for reimbursement under this Section shall include, but are not limited to, such expenses related to the following activities:
(a) The personal portion of any trip;
Agenda Item #9.6.
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(b) Political or charitable contributions or events;
(c) Family expenses, including partner’s expenses when accompanying official on agency-related business, as well as children or pet-related expenses;
(d) Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), alcoholic beverages, tours, personal amusements, or other cultural events;
(e) Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline; and
(f) Personal losses incurred while on City business.
The City will not be responsible for, nor reimburse for, citations and parking tickets.
All reimbursements made pursuant to this Section must be approved by the employee’s Department Head., . Reimbursements made to any supervisor must be approved by the Department Head; any reimbursements made to any Department Head, members of the City Council, Boards, or Commissions must be approved by the City Manager, and any reimbursements made to the City Manager must be approved by the Finance Director. An individual may not authorize or approve reimbursement for their own travel. Reimbursements pursuant to this Section shall be subject to appropriation of funds in the annual budget and any supplemental policies adopted by ordinance or resolution.
Each Department Head shall be held responsible for the administration of this Rule within their department. Administration shall be consistent with the adopted budget as set out in the budget detail document.
Employees should schedule travel so that the employee leaves at a reasonable hour and arrives at the destination on time. Employees should also return promptly when employee business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses.
SEC. 22.4 STANDARD REIMBURSEMENT PROCEDURE
Upon completion of any travel for which reimbursement is sought, the following items shall be promptly submitted to the employee’s supervisor:
1. A completed Expense Reports, which documents expenses meet the requirements of the City policy.
For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed, and Agenda Item #9.6.
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how those were related to the City adopted legislative positions and priorities.
Expense Reports are to be submitted within thirty (30) days of an expense being incurred, accompanied by itemized receipts documenting each expense.
Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation.
2. All receipts for expenses incurred while traveling. Itemized receipts are required for expenditures for airline tickets, hotel rooms, conference/meeting registration fees, parking, and all other expenses for which receipts normally are obtainable; unless those expenses have been prepaid in full through the City. Inability to provide such documentation in a timely fashion may result in the expense being borne by the employee/official.
In general, a receipt is required for all reimbursable expenditures, except mileage reimbursements or other expenses for which receipts are not available (i.e.: incidental parking meter expenses); receipts for tolls under $5 are not required but an account of expenses must be made on the expense reimbursement form including toll location; receipts are not required for per diem payment for meals unless the employee/official requests payment in excess of the per diem amounts specified, in which case the employee/official is required to receive prior written approval from the City Manager; and
3. Any other supporting document, such as conference program materials.
City officials should keep in mind that some expenditure may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.
Employees may choose to make a copy for their own records.
All expenses are subject to verification of compliance with the City’s reimbursement policy.
Employee travel expenses will be reviewed by their supervisor, Department Head, or City Manager and, if approved, forwarded to the Finance Department for reconciliation and payment processing. If employees are to receive reimbursement, the Finance Department will process a check on the next regular accounts payable run.
Employees are responsible for preparing and filing employee travel request; travel advances requests, reimbursements, and travel expense reports pursuant to City policy. Expenditures in excess of any amounts authorized by the City’s policy shall be at the risk of the employee/official with respect to reimbursement. An employee’s request for reimbursement Agenda Item #9.6.
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may be rejected if it was inconsistent with City policy or did not serve a City business purpose.
Should any request for reimbursement be rejected, any such request and supporting documentation will be returned to the employee for correction of any errors or omissions.
SEC. 22.5 REIMBURSABLE EXPENSES
Except as otherwise provided, expenses associated with the following items may be approved for reimbursement pursuant to this Section.
A. Transportation.
Transportation costs include, but are not limited to, airplane, train, bus and taxi fares, bridge tolls, parking, car rental, and fuel charges associated with a car rental. An employee should generally take the most direct and commonly traveled routes.
The guiding principle should be the most cost effective and efficient use of public resources.
B. Air Travel.
The employee should take advantage of lower airfare rates by booking their flight as early as possible, and purchasing non-refundable, coach class tickets.
An employee may sometimes avoid higher airfare by staying over a Saturday night. In some instances, an extra night in a hotel/motel can be much less than the added cost of the airfare. Selection of carrier, reservations, and ticketing should be arranged as early as feasible to obtain the greatest discount. Also consider the use of alternative transportation methods, such as using a nearby airport and ground transportation if the total fares are lower.
Travel outside of the local area shall normally be by common carrier air transportation. No employee may act as Pilot in Command of a private aircraft on City travel.
Incidental transportation expenses for airport limousine, bus, or taxi service will be reimbursed if incurred as a necessary part of officially approved travel.
Other travel expenses, including car rental, will be limited to circumstances where less expensive intra-city travel service is not available or practical.
C. Airport Parking.
Long-term parking should be used for travel exceeding twenty-four (24) hours.
D. Private Vehicles.
Agenda Item #9.6.
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Use of any private vehicle must be approved by the employee’s supervisor, or the City Manager, in advance. If the use of a personal vehicle has been approved, the employee may be reimbursed for such use at the rate per mile recognized by the Internal Revenue Service, as reimbursement for all costs incurred while operating such vehicle such as gasoline, wear and tear on the car, insurance coverage, and other incidental items. The City will additionally reimburse reasonable parking fees and tolls. The cash reimbursement is the only approved reimbursement method; reimbursement may not be “in-kind” by the provision of fuel, parts, service, or any other thing of value at City expense. No additional reimbursement will be allowed except in writing by the City Manager, and then only when extraordinary and unforeseeable expenses not under the control of the City or the employee are encountered.
Prior to operating a personal vehicle in the course of employment, the employee must show proof of liability insurance on that vehicle and possess a valid California driver’s license.
If an employee elects to travel by personal car where adequate public air service is available, the maximum allowable mileage will be the coach air fare rate or mileage, whichever is less.
Employees are expected to obey and comply with all laws and regulations, including speed limits and other traffic regulations.
FLSA-exempt, unrepresented employees who receive auto allowance are not reimbursed for travel within the County of Napa. If travel is required by the employee in their personal vehicle beyond the County line, mileage shall be reimbursed at the same rate as set by the IRS.
E. City vehicles.
City vehicles may be used if available, subject to any limitations regarding their use. Employees must comply with the City’s Vehicle use Policy.
City vehicles shall be used for local area travel in connection with official City business whenever practical. Any necessary out of pocket expenses incurred with the operation of a City vehicle shall be reimbursed.
Reasonable and necessary expenditures will be allowed for parking and toll charges incurred in connection with official travel.
Employees are expected to obey and comply with all laws and regulations, including speed limits and other traffic regulations.
F. Rental vehicles.
Rental vehicles may be authorized when employees are on City business and other modes of transportation are not available, too costly, or impractical.
Agenda Item #9.6.
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G. Public Transit and Carpooling.
Employees are encouraged to make optimum use of available public transit services and carpooling.
H. Lodging and Incidental Expenses.
1. Lodging costs will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging costs should not exceed the group rate published by the conference sponsor for the meeting in question. For overnight stays in other contexts, a helpful source of guidance is the Internal Revenue Service per diem rates for lodging, which include adjustments for higher cost locations. (https://www.gsa.gov/travel/planbook/per-diem-rates.)
2. Additionally, all properties approved by the Federal Emergency Management Agency (FEMA) as being fire safe and in compliance with the Hotel Motel Fire Safety Act of 1990 can be located using:
https://apps.usfa.fema.gov/hotel/.
3. A factor in considering hotels in metropolitan areas is their proximity to the offices where business will be conducted: the cost of transportation away from the business center can exceed the higher cost of the closer hotel.
The guiding principle should be the most cost effective and efficient use of public resources in selecting lodging with a degree of sophistication while serving the business needs of the trip. In the event that arrangements have been made for the City to be billed directly for hotel or motel rooms, incidental charges should be paid for by the employee at the time of checkout and appropriate reimbursement requests be made by the employee upon return from travel.
I. Reasonable incidental expenses, such as tips, cab fare, parking fees, and internet charges, when required in connection with official City business, will be reimbursed on the basis of actual expenditures.
J. Meals.
Payment for meals while on City business shall be $50.00 per diem for each full day. On travel days, when the employee is not out of the City for the full day, the following schedule is applicable: breakfast ($10.00); lunch ($15.00); dinner ($25.00).
Meal expense in excess of the per diem may be approved by the City Manager where metropolitan costs are considerably higher. Per Diem rates for higher cost metropolitan areas will not exceed IRS per diem rates found at https://www.gsa.gov/travel/plan-book/per-diem-rates. In the event a meal cost is higher than IRS per diem rates, written authorization can only be Agenda Item #9.6.
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made by the City Manager and the employee is to provide itemized receipts for all meals.
Meal expenses and associated gratuities should be moderate, taking into account community standards and the prevailing restaurant costs of the area.
Meal charges in excess of the specified listed amounts are allowed for special luncheons, banquets, and other meals if part of a previously approved conference or meeting program. When such luncheons, meals and other meals are included in the registration fee or otherwise paid by the City, the per diem will be reduced accordingly.
The City will customarily not pay for alcohol/personal bar expenses. In recognition of St. Helena community standards that meals associated with lobbying events typically include consumption of donated wine this policy recognizes corkage costs are an appropriate expense. Any other alcohol expenses require the prior written authorization of the City Manager.
K. Excluded Expenses.
Expenses associated with the following items are not considered necessary expenditures or losses incurred by an employee in direct consequence of the discharge of their duties, and no reimbursement shall be provided pursuant to this section.
Personal expenses such as laundry, barbering, valet service, in-room movies, gratuities for porters, personal telephone calls, and/or alcoholic beverages.
Additional expenses associated with the participation of an employee’s nonemployee spouse or guest, including any increased room rate due to double occupancy.
Travel on behalf of another public agency, unless reimbursement is otherwise authorized by the City Council.
L. Audits of Expenses Reports
All expenses are subject to verification of compliance with this policy.
RULE 23. CASH ADVANCES AND CREDIT CARD USE
SEC. 23.1 CASH ADVANCES.
A. From time to time, it may be necessary for an employee or official to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such requests for an advance should be submitted to the Finance Director ten (10) days prior to the need for the advance with the following information: (a) the purpose of the Commented [A4]: Move entire section to Administrative
Policy
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expenditure(s); (b) the anticipated amount of the expenditure(s) (for example, hotel rates, meal per diem, and transportation expenses); and (c) the dates of the expenditure(s).
B. Any unused advance must be returned to the Finance Department within two (2) business days of the employee’s or official’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy.
C. In the event that the Finance Director is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Manager and/or City Council.
D. Cash advances not exceeding $25.00 for official City business expenses may be made from petty cash, with Department Head approval. All advances exceeding $25.00 shall be approved by the Finance Director.
SEC. 23.2 CREDIT CARD USE.
A. City Procurement Cards: City Council Policy P-F1-0012
1. City Council Policy P-F1-0012, Issuance and Use of City Procurement Cards (“Procurement Card Policy”), was approved by the City Council on February 13, 2018. The purpose of the Procurement Card Policy is to establish a framework for appropriate use of the City’s Procurement Cards. A Procurement Card is a City-issued credit card from a financial institution, and the Procurement Card shall be used as an option for small purchases unless the items are available in current City inventory or through established contracts. The Procurement Card Policy applies to all employees who are issued a City Procurement Card and all departments who authorize employees to use City Procurement Cards.
2. In general, the City Procurement Card is to be used for official City business and may not be used for personal purchases under any circumstances. Failure to follow the Procurement Card Policy, including any outlined procedures for Procurement Card purchases, may lead to the suspension or termination of a procurement card and disciplinary action.
Reimbursement to the City by the employee for the unauthorized charges is mandatory.
3. The Finance Director acts as the Citywide Procurement Card Administrator and serves as the primary contact for the financial institution issuing procurement cards and administers the City-wide program.
4. The Procurement Card will only be issued to Cardholders who certify they have read, understand, and will comply with the Procurement Card Policy.
Employees issued a Procurement Card are responsible for any and all use of the Procurement Card.
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5. Use of a City Procurement Card is a privilege and the City Manager or Director of Finance may suspend or revoke cards at any time in accordance with their assessment of the City’s best interests such, as but not limited to, lack of timely review and approval of Procurement Card invoices and violations of the City Procurement Card Policy.
6. The City Procurement Card may be issued in a designated individual name and/or the name of the City. For further details regarding the use of the City Procurement Cards, please refer to the Procurement Card Policy.
B. City Fuel Cards: City Council Policy P-F1-0013
1. City Council Policy P-F1-0013, Issuance and Use of City Fuel Cards (“Fuel Card Policy”), was approved by the City Council on March 13, 2018.
The purpose of the Fuel Card Policy is to establish uniform procedures, accountability and controls for fueling motor vehicles and equipment owned by the City. A Fuel Card is a City-issued credit card from a financial institution, The Fuel Card shall only be used on City vehicles and/or City equipment and is not authorized for use on any other vehicle or equipment. The Fuel Card Policy applies to all employees who are issued a City Fuel Card.
2. The City Fuel Card is to be used for City official use only and may be used at Wright Express (WEX) participating locations. There will be a vehicle number on each Fuel Card, and a dedicated card will be issued to each City vehicle. Each driver will have their own Personal Identification Number (PIN).
3. Various employees are authorized to receive a City issued Fuel Card PIN for City-related purchases. All employees operating City vehicles on a regular basis will receive a WEX PIN. Prior to receipt of the WEX PIN, the employee will receive the associated City Fuel Card Policy and sign an agreement for use of the Fuel Card and PIN. A copy of the agreement will be placed in the employee’s personnel file.
4. Any misuse of the City issued Fuel card will result in reasonable disciplinary action that may include a combination of the following: (A) suspension of Fuel Card access, and (B) termination of Fuel Card.
5. For further details regarding the use of the City Procurement Cards, please refer to the Fuel Card Policy.
SEC. 23.3 VIOLATION OF THE POLICY
Use of public resources of falsifying expenses reports in violation of this policy may result in any or all the following:
1. Loss of reimbursement privileges;
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2. A demand for restitution to the City;
3. Prosecution for misuse of public resources;
4.B. The agency’s reporting the expenses as income to the elected official to state and federal tax authorities.
RULE 24.RULE 20. WHISTLE BLOWING POLICY
SEC. 24.1SEC. 20.1 DEFINITION OF “WHISTLE BLOWING”
For purposes of this provision, "whistle blowing" consists of disclosure of information that the employee reasonably believes constitutes a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee's job duties, when that disclosure is made to one or more of the following:
1. A government or law enforcement agency;
2. A person with authority over the employee;
3. Another employee who has authority to investigate, discover, or correct the violation or noncompliance; or
4. Any public body conducting an investigation, hearing, or inquiry, including, but not limited to, information given as testimony.
SEC. 24.2SEC. 20.2 SCOPE OF POLICY
The City encourages employee complaints, reports or inquiries about practices believed to be unlawful or constitute serious violation of the City policies, including illegal or improper conduct by the City itself, by its leadership, or by others on its behalf. Other subjects for which the City has existing complaint procedures shall be addressed under those other procedures. This Policy is not intended to provide a means of appeal from outcomes in those other procedures.
SEC. 24.3SEC. 20.3 PROCEDURE
Complaints, reports or inquiries may be made under this policy on a confidential or anonymous basis. They should describe in detail the specific facts demonstrating the bases for the complaints, reports or inquiries. They may be directed to the Human ResourcesAdministrative Services Director or City Manager, or to the City Attorney if involving the Human ResourcesHuman Resources Director or City Manager. The City will conduct a prompt, discreet, and objective review or investigation in response.
However, Employees must recognize that the City may be unable to fully evaluate or address a report or inquiry that is made anonymously or made in a vague or general manner.
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SEC. 24.4SEC. 20.4 PROTECTION FROM RETALIATION BECAUSE OF
GOOD FAITH COMPLAINTS, REPORTS, OR INQUIRIES
A. The City prohibits retaliation by or on behalf of the City against employees for making good faith complaints, reports or inquiries under this policy or by participating in a review or investigation under this policy. Any employee who makes a complaint using this procedure or otherwise engages in "whistleblowing" is protected against adverse employment actions (discharge, demotion, suspension, harassment, or other forms of discrimination) taken by the City or any person acting on behalf of the City.
This protection extends to those whose allegations are made in good faith but prove to be mistaken or unsubstantiated. Employees who participate or assist in an investigation will also be protected. Every reasonable effort will be made to protect the anonymity of the "whistleblowing" employee; however, there may be situations where it cannot be guaranteed.
B. The City reserves the right to discipline persons who make bad faith, knowingly false, or vexatious complaints, reports or inquiries or who otherwise abuse this policy.
RULE 25. SOCIAL MEDIA POLICY SEC.
SEC. 25.1 PURPOSE
The City recognizes that social media plays an increasingly important role in society and communication. This policy is to establish guidelines on the use of social media sites by the City as an additional means of conveying City-related information to the public and maximizing the promotion of City-managed programs and services. This policy is also designed to establish lawful and proper parameters for employees’ personal use of social media while being employed with the City.
While social media presents many benefits, such as community engagement through an interactive platform, it also presents certain risks of liability to the City. This policy is intended to mitigate associated risks from use of social media technology where possible. This policy is in addition to and complements the City’s policies regarding the use of technology, computers, social media, e-mail and the internet.
The City has an overriding interest and expectation in protecting the integrity of information posted on its social media pages and deciding what is “spoken” on behalf of the City. This policy applies wholly to the City and all City employees and all participation on social media must be in accordance with the provisions set forth herein.
SEC. 25.2 DEFINITIONS
A. “Social media sites” refers to interactive platforms and technologies which allow entities or individuals to post or publish content through and on the Commented [A5]: Moved to Administrative Policy
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internet. Social media uses many technologies and platforms, including social networking, blogs, wikis, photo and video sharing, and more.
B. “City social media page” means a page on a social media site which the City establishes and maintains, and over which it has control over all postings, except for advertisements or hyperlinks by the social media site’s owners, vendors or partners. No social media platforms are to be utilized without express authorization from the City Manager.
C. “City social media team” refers to those City employees specifically authorized by the City to create content or to post or comment on a City social media page on behalf of the City. The City social media team is comprised of the City Manager’s Office, Community Services and Information Technology Office and other individuals designated by the City Manager or Department Head. Only members of the City social media team may post or comment on behalf of the City.
D. “Employee” means any person employed by the City including full-time, part-time, temporary, seasonal, and probationary employees. For purposes of this policy, “employee” does not include any volunteers or appointed or elected official of the City.
E. “Post” or “Comment” means information, articles, pictures, videos, hyperlinks or any other form of content or communication posted on any City social media page.
SEC. 25.3 GENERAL POLICY
This policy applies to all authorized employees who utilize social media websites on behalf of the City for the following purposes:
A. To establish guidelines for posting of information on social media websites.
B. To establish guidelines for user policies of social media websites.
C. To provide a uniform policy that will be implemented by all departments which utilize social media as an informational tool.
All City employees shall comply with this policy in all respects. This policy is subject to revision at any time. In the event of a revision to this policy, the City will attempt to provide prior notice of any such change. However, this policy may be changed without prior notice when deemed necessary to fully protect the City’s interests and/or the public’s interests. If it is necessary to change this policy without providing prior notice to employees, the City shall notify the employees of the change at the earliest possible time.
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All City employees shall sign an acknowledgement of receipt of this policy indicating that he or she has read and understands all of its provisions and agrees to be bound by the same. Before posting anything on social media website, the employee must check the most current policy to ensure compliance.
SEC. 25.4 GUIDELINES AND PROCEDURES
A. Ownership and Adherence to Other City Policies
1. Social media website communications composed, sent, or received on City equipment are not privacy-protected, are subject to search and review (and appropriate action) by the City, and may be subject to public disclosure.
2. The use of City computers, City-issued smartphones, City-issued tablets, or any other City-issued electronic device to post information on a social media website is subject to all applicable policies of the City.
3. Content posted on a City social media page may be subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, posted communication, communication submitted for posting, and removed content, may be a public record subject to public disclosure.
B. Creation of City Social Media Pages
1. The City Manager’s Office may establish official City social media pages.
The City Manager’s Office will maintain a written list of all approved City social media pages and websites.
2. The City’s official website is the City’s primary source and means of internet communication. To the extent possible, a link to the City’s official website should be included on any City social media page. Wherever possible, City social media pages should link back to the official City website for forms, documents, online services and other information necessary to conduct business with the City. Information posted by the City on social media pages will supplement and not replace required notices and standard methods of communication.
3. Each established department within the City may create departmental City social media pages and/or City social media pages for a specific Cityrelated purpose or City event with approval of the City Manager. (a) Creation of any such City social media pages must be proposed, in writing, by the Department Head to the City Manager. The City Manager may, in their sole discretion, approve, deny, or modify the creation of such social media websites. A department may not create a City social media website without the prior written authorization of the City Manager.
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Consideration shall be given to the overall nature and theme of the website, and its suitability for use for City purposes. (b) Each department is responsible for the creation, administration, and deactivation of their City social media website account or page. Any user identifications, logins, and passwords must be shared with the City Manager’s office.
(c) Any City social media website that is created for a specific purpose or event should be deleted or taken down once it is no longer necessary and/or timely, and the department must provide written confirmation of same to City Manager’s office.
(d) The City Manager’s Office shall have ultimate authority over all City participation on social media websites and may order the removal of all or part of a department’s social media page if the City Manager, in their sole discretion, determines that the content or social media website is not in the best interests of the City.
4. For the purpose of this policy, all City social media pages must have been approved and created in accordance with this policy.
C. Administration and Maintenance of Authorized City Social Media Pages
1. Only City social media team members are permitted to maintain, administer, and/or post on an authorized City social media page on behalf of the City.
(a) In approving an authorized City social media page, the City Manager, or their designee, shall designate at least one authorized employee as being responsible for the regular monitoring and maintenance of that particular City social media page.
(b) The City social media team shall only address issues within the scope of their specific authorization.
(c) The City social media team must conduct themselves at all times as a representative of the City and in accordance with all City policies.
2. Social medial websites often have their own polices, terms of use, conditions of use, and/or legal restrictions. These terms could have significant legal and financial implications for the City. Therefore, prior to signing and/or agreeing to adhere to any polices, terms of use, conditions of use, and/or legal restrictions for a social media website, the City social media team member must obtain the City Manager’s written approval. In addition, prior to posting any content on an authorized City social medial website, City social media team members must review, become familiar with, and comply with the website’s policies and terms and conditions.
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3. Any and all information posted by City social media team members on City social media pages created on behalf of the City must:
(a) Directly pertain to the City;
(b) Contain factual information that is freely available to the public and that is not made confidential by any policy of the City, or by local, state, or federal law; and
(c) Present the City in a positive light.
4. City social media team members are prohibited from posting the following content on any authorized City social media page or website:
(a) A photograph, video, or image of any person who can be readily identified by the naked eye in the photograph, video, or image without first obtaining the depicted person’s (or their legal representative’s) consent. (b) Many social media sites allow the City to “like” or “follow” other site users or to share content posted by other site users. Express permission to like or follow any entity, organization, or individual must be obtained from the City Manager or their designee. Sharing or re-posting content is permissible if relevant to City business, programs, services, or events and the City has full permission or rights to do so, unless it includes content that is prohibited in this policy.
(c) Language that is sexually explicit, or that is lewd or obscene, racial, promotes religious beliefs, political, or illegal, or that expresses a personal opinion.
(d) Actual or perceived threats to public health, safety or property unless the authorized employee has authorization from the City Manager to post such content.
(e) Actual or potential legal claims, lawsuits or other legal issues, unless approved in advance in writing by the City Manager.
(f) Personnel or medical matters.
(g) Testing materials or matters related to the evaluation of employment applicants (this does not prohibit the City from advertising vacancies on a social media website);
(h) Budget planning and priorities, unless approved in advance in writing by the City Manager.
(i) Criminal investigations and content regarding crime scenes. (j) Solicitation, engaging in or endorsing any commercial, products or activities. This provision is intended not to limit the City’s ability to support Agenda Item #9.6.
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business in St. Helena generally, but to refrain from supporting a particular commercial enterprise.
(k) Comments in support of or in opposition to elected and appointed City officials, political candidates, political campaigns, ballot measures, and matters that may reasonably be agenized for consideration by the City Council and/or any City commission, agency, or board.
(l) Comments regarding the position of any City Council member or member of any City commission, agency, or board regarding a City-related issue or comments regarding, or speculating about, a potential decision by the City Council or any City commission, agency, or board.
5. Following City Manager approval of an authorized City social media website, City social media team members must adhere to the following rules:
(a) City social media pages should make clear that they are maintained by the City and state that they follow the City’s use of social media policy and the host site’s terms of use. City social media pages are considered City property and are not for personal use or benefit.
(b) City social media sites shall bear the name of the City. If feasible, City social media sites shall also bear the City’s official logo or informal logo as designated by the City’s graphics standards. If a department wishes to use any other image as the profile picture or background image, the department must obtain the City Manager’s prior written approval. (c) Wherever applicable, City social media sites shall be classified and registered with the service provider as “Official” and/or Government Entity sites. The social media team shall take advantage of all options provided by the service provider for Government Entity sites that provide additional protections for the City.
(d) Authorized City social media pages or websites shall utilize account names or usernames that are clearly identifiable as City social media pages.
(e) City account profiles must contain a valid City email address. (f) If possible, City social media team members shall disable any feature of an authorized City social media page or website that allows members of the public to post content or comment on City postings to the authorized City social media page or website. The City Manager may grant an exception to this upon the request of the Department Head. (g) City social media team members may not use or include personal email addresses or any other personal information in the user profiles and/or posted content for authorized City social media pages or websites.
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Instead, City social media team members may use their name, title, and a City email address.
(h) City social media team members shall enable, set, or configure all accessibility features available on authorized City social media pages or websites to ensure that the content of such websites is accessible to as many people as possible.
(i) If an approved social network website requires account administrative approval to join, everyone who requests access must obtain the City Manager’s prior written approval. The City Manager may delegate this approval authority to a Department Head or other designee. (j) In order to maintain the security of the City’s internal IT network, City social media team members shall use different passwords for authorized City social media pages or websites than are used for logging into the City’s internal network.
(k) City social media team members shall follow the City’s IT department password guidelines when selecting passwords for City social media pages or websites.
(l) City social media team members may not share an authorized City social media page or website account password with anyone who is not an authorized employee as to that particular authorized City social media page or website.
6. City social media team members may only work on authorized City social media pages or websites during City business hours and on City-owned computers, unless (a) otherwise directed and authorized by the City Manager or their designee or (b) after-hours and/or off-site work is necessary to avoid and/or remedy a violation of this policy and that, in the City social media team member’s best judgment, waiting for approval by the City Manager or their designee would cause harm to the City’s interest and/or the public’s interests. In the event that a City social media team member performs after-hours and/or off-site work on an authorized City social media page or website, the City social media team member must report such work in writing to their department head and the City Manager at the earliest possible time following such work.
7. Except as expressly provided in this policy, employees accessing any authorized City social media page or website shall comply with all applicable policies of the City.
D. Comments and Posts by the Public
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comments or responsive posts by members of the public. In such an event, the following regulations apply:
(a) The City social media team member for each authorized City social media page or website that allows public posts must create and provide a “terms of use” that is readily accessible and applicable to anyone wishing to post a response. Any such “terms of use” policy must be approved in advance in writing by the City Manager and City Attorney or their respective designees.
(b) To the extent that members of the public are permitted to post content on an authorized City social media page or website, City social media team members may, but are not required to, respond to a post by a member of the public. By permitting use of this feature, the City does not intend to create, nor has it established, a general public forum, and all comments and posts must comply with this policy.
(c) Authorized City social media pages or websites must provide a mechanism for City social media team members to remove posts or prevent posting of messages that clearly violate this response policy. If no such mechanism exists, then the authorized City social media page or website may only be utilized if the website provides the capability of disabling posts from other parties.
(d) City social media team members must review the webpage and all associated content not less than once each work day. If the assigned City social media team member will be absent for more than one work day for any reason, the Department Head or their designee is responsible for performing the review.
2. Every social media website that allows comments or posts from the public must include the following disclaimer:
Comments posted on this page will be monitored and inappropriate content will be removed as soon as possible. Moreover, the City does not intend to create, nor has it created, a general public forum, and all comments and posts must comply with the City of St Helena Social Media Policy.
Pursuant to the City’s policy, the City reserves the right to remove inappropriate content, including, but not limited to:
(a) Profane, obscene, violent, or pornographic language or content; (b) Content that promotes, fosters, or perpetuates discrimination or harassment on the basis of race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age, sexual orientation, sex, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by state or federal law.
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(c) Sexual content or links to sexual content;
(d) Solicitation of commerce and other pure commercial speech, including, but not limited to any advertising or business services or products for sale; (e) Threats to any person or organization or conduct or encouragement of illegal activity;
(f) Comments not topically related to City posts, business information, announcements, events, or comments not related to the original topic or post, including random or unintelligible postings or comments; (g) Comments in support of or in opposition to political campaigns or ballot measures;
(h) Information that may compromise the safety or security of the public or public systems or City employees or the City’s technology resources; (i) Content that violates a legal ownership interest of any other party, including, but not limited to copyrights or trademarks; (j) Content containing personal or sensitive information, including, but not limited to home addresses, phone numbers, social security numbers, dates of birth, or driver’s license numbers; and
3. Content that violates any federal, state, or local laws.
The above list is not exhaustive, and the City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Notwithstanding the foregoing, the City of St. Helena is not obligated to take such actions and disclaims any and all responsibility and liability for any materials posted by a member of the public.
Please be aware that, under certain circumstances, content appearing on this page may be subject to California’s public records laws and subject to disclosure by the agency if requested. This may include information about you that you make available through your privacy settings on this site on your own pages.
A comment posted by a member of the public on any City of St. Helena social media site is the opinion of the commentator or poster only, and the publication of a comment does not imply endorsement of, or agreement by, the City of St. Helena, nor do such comments necessarily reflect the opinions or policies of the City of St. Helena.
By posting a comment, users agree to indemnify the City of St. Helena its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to content posted by users. If a user does not agree to these Agenda Item #9.6.
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terms, the individual should not use the City of St. Helena’s social media pages or websites as a violation of these terms may lead to legal liability.
4. If it is not possible to provide the preceding disclaimer on a City social media page or website, this fact must be brought to the City Manager’s attention prior to establishing a City social media page or website. In that situation, special approval from the City Manager will be necessary in order to proceed with that particular City social media page or website.
5. The inclusion of links in any post must comply with the City’s official website external link policy, unless authorized by the Department head or City Manager.
E. Policy for Personal Use of Social Media
1. While employees may voluntarily choose to engage with the City on its social media pages, the City does not encourage or require any employee to follow or “like” City social media sites.
2. The City does not condone the personal use by City employees of social media sites, including personal or non-City social media pages or sites, during the workday or during working time by any means, including by using City-owned equipment. City employees have no right or expectation of privacy when using City-issued devices or systems. The City reserves the right to monitor, search, or disclose employee use of City resources.
3. Employees are reminded and cautioned that nothing posted on the internet is private. Content can easily be shared, forwarded, and distributed to broader audiences without your knowledge or permission.
4. Information posted on any social media site may be used as evidence in disciplinary, administrative, or legal proceedings.
5. The personal use of social media by a City employee in a manner that violates any City policy or procedure will not be tolerated, and may be grounds for disciplinary action, up to and including termination. Employees are expected to comply with the same ethical and performance standards online as in the workplace.
6. Employees may not use their official City email addresses to create or maintain any personal social media page(s).
7. An employee’s use of social media in a manner that violates the City’s policies and procedures, including, but not limited to, the City’s workplace harassment, discrimination, and retaliation policies, will not be tolerated, and may be grounds for disciplinary action, up to and including termination.
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8. Employees may not post any content on the internet or social media that constitutes or contains City confidential, proprietary, privileged, private, personnel, or other non-public information.
9. City employees are prohibited from using the City logo or informal logo, representing the City, or representing that they speak on behalf of the City. Employees must also make clear in any online activity that the views and opinions they express about work-related matters are their own, have not been reviewed by the City, and do not necessarily represent the views and opinions of the City.
10. This policy is not intended to prohibit conduct permitted by any state or federal law.
F. California Public Records Act
1. All content posted on a social media website may be subject to the California Public Records Act, California’s civil discovery statutes, and other applicable laws requiring the disclosure of public records. All content must be managed, stored, and retrieved to comply with these laws, including any photographs or images. In addition, all content subject to the City’s records retention policy must be maintained consistent with that policy. Any content on authorized social media websites shall be maintained in a format that preserves the integrity of the original record and must be easily accessible using the approved City platform and tools.
Any content submitted for posting that is deemed unsuitable because it is not topically related or is inappropriate under this policy must also be retained pursuant to the applicable record retention schedule. In addition, City staff must adhere to the following rules:
(a) The City Manager’s office will maintain a list of all authorized City social media pages or websites and all account information for such websites, including login passwords, to allow for the immediate alteration or removal of content that is inappropriate or inconsistent with City policy. All such information must be shared with the City Manager’s office and updated when changed.
(b) City social media team members shall maintain a record of City social media page or website account information, including username, registered email address, date established, and authorizing representative and the site’s terms of use.
(c) All documents shall be easily accessible, including photographs or images if the website is subject to a California Public Records Act request or similar request for disclosure.
(d) City staff shall direct any public records requests to the City Clerk’s Office.
G. Failure to Adhere to Policy
Agenda Item #9.6.
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B. An employee’s failure to adhere to the provisions of this policy may result in disciplinary action being taken against the employee, up to and including termination.
Agenda Item #9.6.
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RULE 26. INJURY AND ILLNESS PREVENTION PROGRAM
SEC. 26.1 OVERVIEW
The Injury and Illness Prevention Program (or “Safety Program”) is developed to provide standards for sound, workable safety activities to assist the City of St.
Helena in fulfilling its important function of leadership and public service.
The success of the safety program depends upon the positive support of the City Officials, the cooperation of department heads and all employees toward the prevention of accidents.
It is the policy of the City of St. Helena (St. Helena) to provide safe working conditions for all City employees and volunteers and to comply with Cal/OSHA regulations and occupational best practices in order to prevent workplace illness and injury.
Title 8 of the California Code of Regulations, Section 3203 requires that every employer establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP). The intent of the City’s Health & Safety Manual is to establish policy and procedures not only to meet these regulations, but to continually improve employee health and safety, with the ultimate goal of eliminating work-related injury and illness.
It is the responsibility of each Department Head to establish safety as a standard operating procedure, and to insure safe working conditions for all City employees. It is the obligation of all City personnel to strive to prevent accidents and work injuries. Failure to following this program and safety directions will result in progressive disciplinary action up to and including discharge.
The basic purpose for the Injury and Illness Prevention program is the elimination of accidents and illness which cause occupational injuries or property damage. Each accident or injury is caused either by an unsafe act of an individual, an unsafe physical condition, or a combination of both.
Accidents can be prevented by eliminating unsafe acts and correcting unsafe conditions.
The benefits of an active safety program touch on every phase of business, home and community. Specifically, these benefits include better working conditions, improved public relations, higher morale of workers, cost reduction, increased production and harmonious employer-employee relations.
Commented [A6]: Move to Administrative Policy
Agenda Item #9.6.
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The City agrees to make every reasonable provision for the safety and health of its employees while at work, to abide by applicable federal, state, county and city laws and to make available such protective equipment as is required by such law.
To accomplish this goal, and as a condition of employment, City officials, management, and staff must all work together to implement this IIPP and to identify, report, and abate potential hazards to foster a safe working environment.
SEC. 26.2 THE PLAN
A. Labor/Management Safety and Health Committee.
The City establishes, implements and agrees to maintain an effective Injury and Illness Prevention Program in accordance with Section 3203 of the General Industry Safety Orders as amended July 1, 1991. In order to accomplish the objectives, a Labor/Management Safety and Health Committee shall be maintained.
B. Safety Coordinator.
The City Manager shall appoint a Safety Coordinator which is typically delegated to a staff member in Human Resources. The Safety Coordinator shall have the following powers and duties:
1. Assist in the implementation and coordination of the Injury and Illness Prevention program for all City departments.
2. Assist in preparing and coordinating an overall educational and training program in accent prevention for all City departments and to assist them in the development of safe operating practices and in the elimination of unsafe conditions.
3. Review and analyze all reports and investigate or assist in investigating all employee accidents reported therein to determine causes and responsibilities, and at regular intervals prepare and distribute reports and summaries of the results for such investigations and review.
4. Call upon any City officer or employee and the Labor/Management Safety and Health Committee as needed for assistance in investigating accidents.
Agenda Item #9.6.
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5. Oversee the inspection of City property; make recommendations to City officers and departments for the unsafe operating practices and procedures and unsafe physical and mechanical conditions of City property and facilities; and require such officers and departments to report in writing to the Safety Coordinator as to the action to correct such unsafe conditions.
6. Maintain an internal CAL OSHA 200 LOG and CAL OSHA Supplementary File for the current year and the previous five (5) years at the City Manager’s office, City Hall.
7. Post the right half of the CAL OSHA log every February 1 for the entire year.
C. Departmental Safety Coordinator.
Each individual Department Head is delegated the authority and responsibility for implementing the Injury and Illness Prevention program in accordance to the City of St. Helena Injury and Illness Prevention Program, Health & Safety Manual for City Employee within their department. Department Heads must influence employee safety and provide the stimulus necessary to keep line supervisors active in their accident prevention efforts. The Department Head shall appoint a Departmental Safety Committee Coordinator consisting of one or more employees within their department or office.
It shall be the Department Head’s responsibility to include those requirements as spelled out in SB 198, Statutes of 1989, Chapter 1369, Labor Code Section 6401.7 and Title 8 California Code of Regulations, General Industry Safety Orders 3203, Construction Safety Orders 1509.
Compliance shall include, but not limited to:
1. Identifying safety and health hazards associated with occupations employed.
2. Developing a code of safe practices that effectively address identified hazards.
3. Implementing a system of periodic inspections, investigations and incidents and correcting deficiencies.
4. Implementing a training program for all employees.
5. Establishing a system for communicating with employees on safety matters.
Agenda Item #9.6.
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6. Complying with record keeping requirements for Injury and Illness Prevention program.
D. Duties of Department Safety Committee Coordinator(s).
It shall be the duty of each department Safety Committee Coordinator(s) to:
1. Assist the department in promoting safety and in developing an effective accident prevention program within every department or office.
2. Constantly inspect departments or offices for conditions that might cause accidents and bring them to the attention of the Safety Coordinator through the head of their department or office.
3. Investigate and make detailed reports to the Department Head of all industrial, automobile, fire and other accidents involving city property and/or personnel within the department.
4. Assist the Safety Coordinator and the Safety Committee in their reviews.
5. Attend all meetings at the call of the Department Head.
6. Report to respective Department Head.
7. Be a designated department staff member to sit on the Labor/Management Safety and Health Committee.
E. Labor/Management Safety and Health Committee.
Agenda Item #9.6.
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The City Manager shall establish a Labor/Management Safety and Health Committee.
This committee shall be comprised of Departmental Safety Committee Coordinators from each department, should include at least one representation from all City field operations (Fire, Police and Public Works), and shall have a designated management safety representative (as identified and employee representative attend a quarterly Safety and Health Committee meeting. There will be equal representation of unit employees and supervisory management personnel. Unit employees may be nominated and elected by the employees of the department they represent or may be assigned by their appropriate Department Head.
Supervisory management employees will be assigned by their appropriate Department Heads. All terms run on a fiscal year basis. Alternates may attend due to any absence.
F. Duties of the Labor/Management Safety and Health Committee:
1. Meet regularly on a quarterly basis (law requires at least quarterly).
2. Designate a Chair, Co-chair and Secretary by vote of the committee members.
3. Prepare and make available to all employees, written records of the safety and health issues discussed at the committee meetings and minutes of all meetings (minutes will be maintained and posted to the City’s intranet by the Secretary).
4. Review investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness or exposure to hazardous substances and, where appropriate, submit suggestions to management for prevention of future incidents.
5. Review investigations of occupational accidents and their causes with the objective of confirming the causal factors and ensuring steps have been or will be taken to prevent future incidents.
6. Develop special emphasis programs each fiscal year to communicate safety and health issues to City employees. Special emphasis programs may be based upon occupation injury and illness trends, recognition of hazards in the City, or suggestions from the employees regarding a target area(s) to improve.
Agenda Item #9.6.
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7. Consider recognition programs for City employees whose contribution to the employees’ safety and health efforts is unique in some way that improves the safety and health of City work.
8. Provide a forum for employees to voice safety and health issues, concerns or hazards that have not previously been addressed.
9. Encourage and facilitate employee-to-employer communications, either direct or anonymous.
SEC. 26.3 EMPLOYEE PROTECTION
RULE 21. There shall be no reprisals or discrimination for employee advising the City of unsafe conditions and practices, unrecognized hazards and suggestions to improve workplace safety. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
RULE 27. FRAUD PREVENTION AND DETECTION POLICY
SEC. 27.1 OVERVIEW
The City recognizes the importance of protecting the organization, its operations, its employees and its assets against financial risks, operational breaches and unethical activities. Therefore, it is incumbent upon the City Council and City Management to institute and clearly communicate the fraud prevention policy to both internal and external stakeholders.
The City maintains a zero-tolerance policy regarding fraud and corruption. All matters raised by any source will be taken seriously and properly investigated. This policy covers all City employees and officials. Additionally, this policy covers City vendors, customers and partners to the extent that any City resources are committed or used.
SEC. 27.2 THE PLAN
A. Definitions.
1. Fraud is defined as an intentional deception, misappropriation of resources, or the manipulation of data to the advantage or disadvantage of a person or entity. Some examples of fraud include:
2. Falsification or inflation of expenses and invoices
Commented [A7]: Move entire section to Administrative
Policy
Agenda Item #9.6.
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(a) Misappropriation of the City’s assets (funds, supplies, furniture, equipment, etc.)
(b) Unauthorized alteration or falsification of records (c) Improprieties in handling and accounting of monies
collected, cash or otherwise
(d) Knowingly providing false information on job applications, time sheets, requests for reimbursement or funding, and other forms
(e) Profiteering as a result of insider knowledge of confidential activities
(f) Computer-related activity involving unauthorized alteration, destruction, forgery, manipulation of data, or
misappropriation of City-owned software
3. Corruption is defined as the offering, giving, soliciting or accepting of an inducement or reward that may improperly influence the action of a person or entity. Some examples of corruption include:
(a) Bribery
(b) Conspiracy
(c) Extortion
B. Reporting Fraud and Corruption.
Allegations and concerns about fraudulent or corrupt activity may come from various sources including:
(a) Employees
(b) Vendors
(c) Members of the public
(d) Results of internal or external audit reviews
(e) Any other interested parties
All employees have a duty to report any information or suspicions about the possible fraudulent or corrupt activity of any official, employee, vendor or any other party associated with the City. Such duty includes reporting detected or suspected activity immediately to the employee’s Department Head or supervisor.
Agenda Item #9.6.
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If reporting this to the employee’s Department Head or supervisor compromises the integrity of the information in any way, the employee should contact the City Manager and arrange for a meeting. Similarly, if the information cannot be discussed with the City Manager, the employee should contact the Mayor, Vice-Mayor or other City Council Member and arrange for a meeting to discuss the matter.
Alternatively, anonymous written complaint can be provided to the City Manager or, if the circumstances warrant, to the Mayor, Vice-Mayor or other Council member. It is strongly recommended that complaints be made no later than 10 working days of having knowledge or suspicion. It is also strongly recommended that a written and signed statement of the complaint be submitted to the City Manager within eight working days of the initial anonymous complaint report. Anonymity in the complaint procedure may compromise the City’s ability to complete a thorough investigation. Complaints must include the following information:
(f) The employee’s name and position title (unless made anonymously).
(g) The name of the alleged person or persons committing the fraud, including their title(s).
(h) The specific nature of the fraud and, if known, how long it has gone on.
(i) Witnesses to the fraud, if any.
No attempt should be made by anyone other than those authorized to conduct investigations or interviews/interrogations related to any suspected fraudulent act.
Retaliation and retribution will not be tolerated against any employee who reports suspected fraudulent or corrupt activities. All reports will be taken seriously and will be investigated by appropriate staff or legal counsel. If deemed necessary, the City will notify and fully cooperate with the appropriate law enforcement agency. Any investigation resulting in the finding of fraud or corruption will be reported to the City Council.
If an employee is determined to have acted maliciously or with deceit in making false accusation, the employee will be subject to disciplinary action.
If suspected fraud involves programs funded in whole or in part with federal funds, additional responsibilities, such as special reporting and disclosure to the awarding agency, may apply to the organization. It is the policy of the City to fully comply with all additional reporting, disclosure and other requirements pertaining to suspected acts of fraud.
C. Deterring Fraud and Corruption.
The City has established internal controls, policies, and procedures in an effort to deter, prevent, and detect fraud and corruption.
Agenda Item #9.6.
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All new employees are subject to background investigations including a criminal background check. Prior to making an offer of employment to any applicant, the City will also verify some or all of the following items: employment history, education, and personal references.
All vendors, contractors, and suppliers must be in good standing, and authorized to transact business in the state of California. Vendors, contractors and suppliers are also subject to screening.
Contractual agreements with the City shall contain provisions prohibiting fraudulent or corruptive acts and shall include information about reporting fraud and corruption. City employees will receive fraud and corruption awareness training before the policy implementation and at least every two (2) years. New employees will receive training as part of orientation at the commencement of employment
D. Corrective Action.
Final determination regarding action against an employee, vendor, recipient or other person found to have committed fraud or corruption will be made by the City Manager, the City Council will take appropriate action.
Offenders at all levels of the organization will be treated equally regardless of their position or years of service, position/title, or relationship with the City. Determinations will be made based on a finding of facts in each case, actual or potential damage to the organization, cooperation by the offender, and legal requirements.
Depending upon the seriousness of the offense and the facts of each individual case, action against an employee can range from written reprimand to legal action, either civil or criminal. In all cases involving monetary losses, the City will pursue any and all means of legal recovery.
E. Confidentiality.
The City will treat all information received confidentially to the extent permitted by law.
Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know. This is important in order to avoid damaging the reputations of persons suspected by subsequently found innocent of wrongful conduct and to protect the City from potential civil liability.
RULE 28. VOLUNTEER & INTERNSHIP PROGRAM
Department Heads may appoint volunteer workers/interns who will serve without pay or other compensation. Minors under the age of 14 shall not be eligible for the City’s volunteer & internship program. Minors under 18 years of age must obtain workers’ permits (“Statement of Intent to Employ Minor and Request for Work Permit”), signed by the minor’s parent or guardian, to be eligible for participating in the City’s volunteer & internship program. Emancipated minors (i.e., minors entering into a valid marriage) applying for the City’s volunteer & Internship Program must still obtain workers’ permits—even though parental consent is not required.
Commented [A8]: Move entire section to Administrative
Policy
Agenda Item #9.6.
EMPLOYEE ACKNOWLEDGEMENTS
Agenda Item #9.6.
CITY OF ST HELENA
ACKNOWLEDGEMENT OF RECEIPT OF PERSONNEL
RULES/EMPLOYEE HANDBOOK
I acknowledge that I have received my copy of the City of St. Helena Personnel Rules/Employee Handbook. I recognize that the Personnel Rules/Employee Handbook supersede any inconsistent and/or conflicting Personnel Rules, policy statements, manuals, and/or administrative policies previously issued by the City of St. Helena. I will read and abide by all rules and regulations set forth in the Personnel Rules/Employee Handbook.
I understand that the Personnel Rules/Employee Handbook do not create a vested contractual right in the execution of the duties and responsibilities relating to the Personnel Rules/Employee Handbook.
Print Name Signature
Date
Agenda Item #9.6.
CITY OF ST. HELENA
DRUG-FREE WORKPLACE POLICY
ACKNOWLEDGEMENT OF RECEIPT
By my signature below, I acknowledge that I have received, read, and understood the City of St. Helena’s Drug-Free Workplace Policy, and I will abide by its terms. I understand that failure to fully comply with all terms set forth in the policy may lead to disciplinary action, up to and including termination.
Print Name Signature
Date
Agenda Item #9.6.
CITY OF ST. HELENA
ACKNOWLEDGMENT OF RECEIPT OF
POLICY AGAINST DISCRIMINATION, HARASSMENT,
RETALIATION, AND ABUSIVE CONDUCT
This will acknowledge that I have received my copy of the City of St. Helena’s Policy against Discrimination, Harassment, Retaliation and Abusive Conduct (“Policy”) and that I have read the Policy, understand my rights and obligations under the Policy, and agree to be bound by it.
My signature below further signifies that I have read this Policy and that I accept and will abide by all of its provisions.
Print Name Signature
Date
Agenda Item #9.6.
CITY OF ST. HELENA
ACKNOWLEDGEMENT OF
ELECTRONIC COMMUNICATIONS POLICY
This will acknowledge that I have received, read, and understand the Policy on the Use of Electronic Communications of the City of St. Helena’s (“City”). I am aware that violation of this Policy may result in disciplinary action, up to and including termination. I understand this signed acknowledgement will be maintained in my personnel file.
I recognize and understand that the City’s Electronic Communications Systems are to be used primarily for conducting City business. I am aware that I have no expectation of privacy or confidentiality when using the City’s Electronic Communications Systems and/or Electronic Storage. I understand that the City has, and will exercise, the right to monitor, review, copy, and/or disclose all matters on the City’s Electronic Communications Systems and/or Electronic Storage at any time, with or without notice to me, and that such access may occur during or after working hours. I realize that the use of a password or other security features does not restrict the City’s access.
I also hereby consent that the City may monitor, review, and/or copy any information, both personal and business related, on the City’s Electronic Communications Systems and/or Electronic Storage at any time, and may, without further notice, disclose that information to a third party, including law enforcement agencies.
My signature below further signifies that I have read this Policy and that I accept and agree to comply with all of its provisions.
Print Name Signature
Date
Commented [A9]: Moved to Administrative Policy
Agenda Item #9.6.
CITY OF ST. HELENA
ACKNOWLEDGEMENT OF
SOCIAL MEDIA POLICY
This will acknowledge that I have received, read, and understand the Social Media Policy of the City of St. Helena’s (“City”). I am aware that violation of this Policy may result in disciplinary action, up to and including termination. I understand this signed acknowledgement will be maintained in my personnel file.
My signature below signifies that I have read this Policy and that I accept and agree to comply with all of its provisions.
Print Name Signature
Date
Commented [A10]: Moved to Administrative Policy
Agenda Item #9.6.
2023 EMPLOYEE HANDBOOK
EMPLOYEE
Adopted July 25, 2023
Resolution No. 2023-___
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 ...........................................................36 SEC. 8.4 CHANGE IN WORKING HOURS .................................................36 SEC. 8.5 OVERTIME....................................................................................36 SEC. 8.6 REST BREAKS.............................................................................37 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.................................................................................40 SEC. 9.4 BEREAVEMENT LEAVE..............................................................43 SEC. 9.5 MILITARY LEAVE ........................................................................43 SEC. 9.6 JURY DUTY..................................................................................43 SEC. 9.7 VOTING LEAVE............................................................................44 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...........49 SEC. 10.1 POLICY.........................................................................................49 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. ............................................................69 SEC. 10.5 EMPLOYEE RESPONSIBILITIES AND DUTY TO
COOPERATE................................................................................81 RULE 11. LAYOFF/SEPARATION/RETIREMENT..................................................82 SEC. 11.1 ELIMINATION OF POSITIONS ....................................................82 SEC. 11.2 LAYOFF PROCEDURE................................................................82 SEC. 11.3 RESIGNATIONS...........................................................................82 SEC. 11.4 TERMINATIONS...........................................................................83 Agenda Item #9.6.
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-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........91 SEC. 13.5 ADMINISTRATIVE LEAVE WITH PAY ........................................94 SEC. 13.6 TIME EXTENSIONS......................................................................95 SEC. 13.7 DELIVERY OF NOTICES .............................................................95 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.........................................................97 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. PERSONAL TELEPHONE USE AND TEXT MESSAGING..................123 RULE 20. WHISTLE BLOWING POLICY ..............................................................124 SEC. 20.1 DEFINITION OF “WHISTLE BLOWING”...................................124 SEC. 20.2 SCOPE OF POLICY ...................................................................124 SEC. 20.3 PROCEDURE .............................................................................124 SEC. 20.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD
FAITH COMPLAINTS, REPORTS, OR INQUIRIES...................125 EMPLOYEE ACKNOWLEDGEMENTS ...........................................................................i Agenda Item #9.6.
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RULE 1. GENERAL PROVISIONS
SEC. 1.1 PURPOSE
These Personnel Rules (“Rules”) contained within this Employee Handbook are intended to establish and maintain an efficient and uniform personnel program for the City of St. Helena (“City”).
SEC. 1.2 APPLICABILITY
The provisions of these Rules apply to all City employees, except those covered by St.
Helena Police Department Policy Manual or the St. Helena Fire Personnel Policy Manual. These Rules do not apply to volunteers, interns, elected officials, or contract employees—unless any of the sections in the Employee Handbook specifically provides that it’s applicable to these positions or classifications. Temporary employees, including part-time and/or casual employees, are not eligible for any benefits beyond the hourly wage and any benefits required by applicable state or federal law and regulations, unless these Rules specifically state that a listed benefit is granted to temporary employees.
For employees covered by a separate Memorandum of Understanding (“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, Administrative Services Director, 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.
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SEC. 1.6 AMENDMENT OF RULES
The City shall have authority to adopt, amend, or repeal these Rules. The City Manager shall have authority to prepare and recommend revisions to the Rules to the City Council.
SEC. 1.7 TERM OF PERSONNEL SYSTEM RULES
These Rules shall take effect when adopted by the City Council of the City. This Employee Handbook shall remain in effect unless repealed, in whole or in part, by the City Council. The City Council may in its sole discretion add to, delete, or otherwise modify these Rules, subject to the following paragraph.
Prior to amendment of these Rules, the City Manager shall comply with applicable requirements of the Meyers-Milias-Brown Act (Government Code Section 3500, et. seq.).
SEC. 1.8 VIOLATION OF RULES
Violation of the provisions of these Rules shall constitute grounds for disciplinary action.
A violation shall not make disciplinary action mandatory but shall be given such weight as is appropriate in view of all the circumstances.
SEC. 1.9 EMPLOYEE RESPONSIBILITY
It shall be the responsibility of each employee to become aware and be knowledgeable of these Rules.
SEC. 1.10 CONFLICTS
Administrative and/or Department Policies and Procedures The City Manager or individual City Department Heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe, and orderly administration of the City or department. However, no such policies or procedures shall conflict with or supersede these Rules, other City Council resolutions and ordinances, or existing laws, and shall be approved by the City Manager before their implementation.
Copies of department policies and procedures must be distributed to each employee of the department. In the event of a conflict between an administrative or departmental policy or procedure, the provisions of these personnel system Rules shall control. As stated in Section 1.2, these Rules do not apply to employees covered by the St. Helena Police Department Policy Manual or the St. Helena Fire Personnel Fire Manual.
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 Agenda Item #9.6.
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them. An employee with questions about these Rules may direct them to their immediate supervisor, the Department Head, or to Human Resources.
SEC. 1.12 SEVERABILITY
If any provision, or the application(s) of any provision of these Rules, as implemented, are rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provision of these Rules shall remain in full force and effect. Nothing in these Rules shall be construed to deny any person or employee the rights granted by federal and state law. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by these regulations.
SEC. 1.13 CHANGES TO THE LAW
When any local, state, or federal ordinance, regulation, or law that is incorporated in the Rules or upon which the Rules rely is amended, the Rules shall be deemed amended in conformance with those amendments.
SEC. 1.14 DEFINITION OF TERMS
A. General Definition.
All words and terms used in these Rules and in any resolution or ordinance dealing with personnel policies, system, or procedures shall be defined as they are normally and generally defined in the field of personnel administration unless a specific definition is provided for herein.
B. Specific Definitions.
1. Acting Appointment (also known as Temporary Upgrade Pay or 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.
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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.
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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.
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Community Development Director, the Library Director, the Recreation Director, and the 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 Administrative Services 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 responsible for managing a distinct responsibility area. MidManagers are in regular City service and are not at-will.
Agenda Item #9.6.
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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.
48. Reduction in Pay. A temporary or permanent decrease in an employee's rate of pay for disciplinary reasons.
Agenda Item #9.6.
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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 notification of an emergency condition and being prepared to timely report to the site of the work assigned.
Agenda Item #9.6.
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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.
Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate against disabled employees or applicants.
Agenda Item #9.6.
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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. The request must identify: (1) the job-related 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 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 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.
Agenda Item #9.6.
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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 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 Agenda Item #9.6.
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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 Human Resources 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. Human Resources, 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 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 Agenda Item #9.6.
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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 Human Resources. Human Resources may study the allocation of any position in the classification plan and make recommendations to the City Manager for a change in class or the allocation to a more appropriate class. The Department Head shall be consulted before a classification study begins in their department.
Agenda Item #9.6.
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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.
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 Agenda Item #9.6.
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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:
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 Agenda Item #9.6.
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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.
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.
Agenda Item #9.6.
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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 Human Resources or the City Manager.
D. Appointing Authority.
1. Appointment of temporary and part-time employees shall be by the Department Head with the approval of the City Manager.
2. Appointment of full-time employees shall be by the City Manager.
3. Appointment of Department Heads shall be by the City Manager in accordance with applicable provisions of the Municipal Code.
Agenda Item #9.6.
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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 they determine, 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
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.
Agenda Item #9.6.
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I. For all recruitments, applications will be available 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 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.
Agenda Item #9.6.
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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:
Failure to reply within five (5) business days to a letter requesting information as to availability for appointment, or failure to notify Human Resources 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.
Agenda Item #9.6.
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(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 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.
Agenda Item #9.6.
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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, Administrative 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.
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 Agenda Item #9.6.