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Provider the value of the Services rendered by Service Provider pursuant to this Agreement prior to termination of this Agreement. Value of such equipment / services shall be as defined in Exhibit A – Compensation Schedule, which shall include a copy of Service Provider’s original proposal.
City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services. Additionally, in the event of a termination for convenience, Service Provider shall use its best efforts to cancel all equipment orders and return materials received but not yet incorporated into the work to manufacturer; however, in the event that these materials are not subject to cancellation or return, City agrees to take delivery of and pay for same, and to pay all reasonable costs of demobilization, including return freight and manufactuer-imposed restocking fees, if any.
(c) In the event of a dispute as to the value of the Services rendered by Service Provider prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement.
(c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Service Provider after the date of the notice of termination.
20. Assurance of Performance. If, at any time, City believes Service Provider may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Service Provider for written assurances of performance and a plan to correct observed deficiencies in Service Provider's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
21. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Service Provider did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Service Provider's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Service Provider.
City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services required by this Agreement.
22. Non-Discrimination. In its performance of the Services, Service Provider shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and
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to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
23. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Service Provider arising out of or relating to this Agreement or the breach thereof, including claims of Service Provider for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Service Provider, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
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(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.
(c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
24. Insurance Coverage. During the Term, the Service Provider shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.
Service Provider shall maintain coverage as follows:
24.1 Commercial General Liability. Service Provider shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.
24.2 Workers’ Compensation Insurance and Employer's Liability. Service Provider shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident or disease.
Service Provider shall submit to City, along with the Certificate of Insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
24.3 Professional Liability. Service Provider shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing services in the amount of no less than Two Million Dollars ($2,000,000.00) per claim and in the aggregate or greater if appropriate for the Service Provider's profession. Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Service Provider shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
24.4 Commercial Automobile Liability Insurance. Service Provider shall maintain Commercial Automobile Liability Insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) in the amount of no less than Two Million Dollars ($2,000,000.00) or greater each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall
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provide and be endorsed that the City, its officials, agents, employees, and volunteers are included or named as additional insureds. If Service Provider owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
24.5 Umbrella or Excess Policy. Service Provider may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Service Provider’s primary and excess liability policies are exhausted.
24.6 Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
25. Additional Insurance Requirements. Within five (5) days of the Effective Date, Service Provider shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Service Provider shall be responsible for providing updated copies. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such. If carrier will not provide the required notice of cancellation, the Service Provider shall provide written notice to the City no longer than ten (10) business days before cancellation. ; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Service Provider and shall be endorsed to state such; (c) name City of Turlock as a certificate holder; (d) cover products and completed operations of Service Provider, premises owned, occupied, or used by the Service Provider, or automobiles owned, leased, or hired or borrowed by the Service Provider; contain no special limitations on the scope of protection afforded to City; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Service Provider’s insurance and shall not contribute to it; (f) contain standard separation of insured provisions; and (g) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
26. Indemnifications.
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26.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Service Provider shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Service Provider or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Service Provider, or any direct or indirect subcontractor, employee, contractor, representative or agent of Service Provider, or anyone that Service Provider controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Service Provider, the Service Provider waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
26.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or agency for which Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Service Provider.
27. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
28. Independent Contractor. At all times during the Term, Service Provider shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Service Provider performs the Services required under this Agreement. Service Provider shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Service Provider. City shall have the right to control Service Provider only insofar as the result of Service Provider’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes Services rendered pursuant to this Agreement.
29. Service Provider Not Agent. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
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agent. Service Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
30. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Service Provider. Applicable sales taxes shall be shown as a line item on all invoices; Service Provider shall collect and remit to the State as required by law.
31. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: Nick Showalter
156 S. Broadway, Suite
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway
Turlock, California 95380-5456
If to Service Provider: RTS Solutionz Inc., dba Solutionz Attn: Contract Administration
16751 Knott Avenue
La Mirada, CA 90638
32. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:
Nick Showalter
Information Technology Director
156 S. Broadway, Suite
Turlock, California 95380
Telephone: (209) 669-2840
E-mail: [email protected]
33. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
34. Use of City Project Number. [Intentionally Omitted]
35. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
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36. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
37. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
38. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
39. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
40. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
41. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
42. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
43. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any
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electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
44. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Service Provider’s charges to City under this Agreement.
45. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.
46. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
47. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
48. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
49. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
50. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
51. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
52. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
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[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
CITY OF TURLOCK, a California
municipal corporation
By:
Susan E. Borrego, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Nicklaus Showalter, Information Technology
Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
RTS Solutionz Inc., a
Nevada corporation,
By:
Print Name:
Title:
Date
City Council Staff Report
September 23, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Darlene Ingersoll, Principal HR Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Rescinding Resolution No. 2020-047 and Adopting the Amended Personnel System Rules and Regulations (Dhami)
2. NARRATIVE:
The Personnel System Rules and Regulations are periodically reviewed to ensure compliance with applicable laws, reflect best practices and meet the evolving operational needs of the City.
The City Council of the City of Turlock passed and adopted Personnel Resolution 89-38 on February 28, 1989 as directed under the provisions of Section 2-4-501 of the Turlock Municipal Code to adopt rules and regulations for the administration of the personnel system. Since its original adoption, amendments have been made to the Personnel System Rules and Regulations with the last update having occurred on April 14, 2020.
The proposed amended Personnel System Rules and Regulations changes were completed through a detailed staff and legal review as well as the meet and confer process with all labor groups. All labor groups don't have objections to these changes.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There is no fiscal impact associated with this action.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Draft Resolution
2. Amended Personnel System Rules and Regulations
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF RESCINDING } RESOLUTION NO. 2025-
RESOLUTION NO. 2020-047 AND ADOPTING }
THE AMENDED PERSONNEL SYSTEM RULES }
AND REGULATIONS }
WHEREAS, the Personnel System Rules and Regulations are periodically reviewed to ensure compliance with applicable laws, reflect best practices and meet the evolving operational needs of the City; and
WHEREAS, the City Council of the City of Turlock passed and adopted Personnel Resolution 89-38 on February 28, 1989 as directed under the provisions of Section 2-4- 501 of the Turlock Municipal Code to adopt rules and regulations for the administration of the personnel system. Since its original adoption, amendments have been made to the Personnel System Rules and Regulations with the last update having occurred on April 14, 2020.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby rescind Resolution No. 2020-047 and adopts the Amended Personnel System Rules and Regulations.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 23rd day of September, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus,
State of California
53369325.1/006149.00084
PERSONNEL SYSTEM RULES AND REGULATIONS
REVISED AND ADOPTED
BY CITY COUNCIL
RESOLUTION NO. ________________
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PERSONNEL SYSTEM RULES AND REGULATION
INDEX
1.00 GENERAL TERMS
1.1 General
1.2 Purpose
1.3 Administration
1.4 Disclaimer
1.5 Severability
1.6 Employment Constitutes Acceptance of These Rules
2.00 Definition of Terms
2.1 Definitions
3.00 Equal Employment Practices
3.1 Commitment to Diversity
3.2 Discrimination, Harassment and Retaliation Prevention Policy and Complaint Procedure
3.3 Complaint Procedure – Discrimination, Harassment & Retaliation
4.00 PERSONNEL PRACTICES
4.1 Classification
4.2 Compensation
4.3 Recruitment
4.4 Creation of Eligible Lists
4.5 Appointments
4.6 Performance Evaluation
5.00 ATTENDANCE AND TIME OFF
5.1 City Business Hours
5.2 Overtime
5.3 Attendance
5.4 Vacations
5.5 Holidays
5.6 Sick Leave
5.7 Leaves of Absence
5.8 Returning from a Leave of Absence/Abandonment of Employment
5.9 FMLA/CFRA/Pregnancy Disability Leave
5.10 Injury Leave
5.11 Bereavement Leave
5.12 Military Leave
5.13 Special Leave with Pay
5.14 Special Leave Without Pay
5.15 Jury Duty and Court Witness Leave
5.16 Parental Leave for School-Related Activities
5.17 Domestic Violence or Sexual Assault Leave
5.18 Bone Marrow/Organ Donor Leave
5.19 Emergency Responder Leave
5.20 Civil Air Patrol Leave
6.00 WORKPLACE VIOLENCE POLICY
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6.1 Policy
6.2 Purpose
6.3 Definition of Workplace Violence
6.4 Examples of Prohibited Violent Conduct
6.5 Reporting Workplace Violence
6.6 Retaliation
6.7 Responsibilities
6.8 Complaint Resolution Procedures
7.00 DISCIPLINARY PROCEDURES
7.1 Discipline and Corrective Action of Regular Employees of the Competitive Service
8.00 GRIEVANCES
8.1 Grievances
8.2 First Step – Informal Procedure
8.3 Second Step – Department Director
8.4 Third Step – City Manager
9:00 LAYOFFS
9.1 Layoffs/Reductions In WorkfForce
9.2 Seniority
9.3 Bumping Rights
9.4 Reemployment
10.00 MISCELLANEOUS POLICIES
10.1 Employee Conduct
10.2 Transfer, Promotion, Demotion, and Reinstatement
10.3 Desks, Lockers, Storage, and Other Personal Inspections
10.4 Media Contact Policy
10.5 Phone Policy
10.6 Administrative Investigations
10.7 Training of Employees
10.8 Lactation Policy
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Chapter 1: General Terms
1.1 GENERAL
Unless provided otherwise, these rules and policies apply to all City employees. To the extent an employee is covered by the terms of a collective bargaining agreement/Mmemorandum of Uunderstanding or an employment agreement which is inconsistent with these rules, the collective bargaining agreement/Mmemorandum of Uunderstanding or employment agreement will govern.
1.2 PURPOSE
These rules Personnel System Rules and Regulations (“Rules”) are applicable to the competitive service City employment and shall be interpreted uniformly in order to:
a. Obtain and retain the best qualified personnel availab le for competitive and exempt service;
b. Assure that appointments and promotions shall be made according to merit and fitness to be ascertained, so far as practicable by competitive examination; and c. Assure, through appeal provisions, that disciplinary action s or separations from the City service be fair to employees of the competitive service and consistent with the best interest of the City.
1.3 ADMINISTRATION
Unless otherwise set forth herein, ,the City Manager shall be responsible for the administration of these Rules.
1.4 DISCLAIMER
These Rules do not represent a contract, nor should they be relied upon as binding promises made by the City. The City reserves the right to change, add to, or rescind any of the rules or policies after fulfilling any legal ly required meet and confer obligation with any City -recognized employee organizations, as well as the right to determine the intentmeaning, purpose, and effect of these Rules.
1.5 SEVERABILITY
If any section, subsection, sentence, clause, or phrase of these Rules is for any reason held illegal, invalid, or unconstitutional by decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
1.6 EMPLOYMENT CONSTITUTES ACCEPTANCE OF THESE RULES
In accepting employment with the City, each employee agrees to be governed by and to comply with the policies , rules, regulations, and directives of the City as well as the department in which the employee is employed, including these Rules. Each employ ee will receive a copy of these Rules and are expected to read and be familiar with its contents and provisions and shall sign the “Acknowledgement of Receipt” form acknowledging
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acceptance.
All employees holding a position with the City on the effective date of these Rules shall thereafter be subject in all respect to the provisions herein except where excluded from coverage.
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Chapter 2: Definition of Terms
2.1 DEFINITIONS
The following terms whenever used in these rules, shall be construed as follows:
“ADVANCEMENT” means a salary increase of one or more steps within the limits of the salary range established for a class.
“ALLOCATION” means the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.
“APPOINTING AUTHORITY” means the City Manager is designated authority granted by the City Council to the City Manager to make appointments to any position in City service except City Attorney.
“AT WILL EMPLOYEE” is an employee who has been so designated in these Rules, an employment agreement, or in an applicable collective bargaining agreement/ Mmemorandum of Uunderstanding. All probationary, emergency, and temporary or intermittent employees serve in an at will status. An at will employee is appointed and serves at the pleasure of the City Manager.
All at will employees may be dismissed or subject to discipline with or without notice or cause. At will employees are not eligible for the disciplinary appeals procedures provided in these Rules.
“CERTIFICATION” means the referral of eligible candidates for appointment consideration from an appropriate eligible list to a Department Director who has a vacancy which has been approved by the City Manager to fill.
“CLASSIFICATION” OR “CLASS” “Classification” or “Class” means the organized designation of all positions in the City service such that positions having substantially similar duties and responsibilities are assigned the same descriptive title, and the same requirements as to education, experience, knowledge and ability demanded of incumbents, and so that the same schedule of compensation may be made to apply with equity means all positions sufficiently similar in duties, authority, and responsibility to permit groupin g under a common title, with common standards of promotion, selection, transfer, demotion, and salary.
“CLASSIFICATION DESCRIPTION OR CLASS SPECIFICATION” means the written job description of the characteristics of a class a class or classification, prepared and maintained in the Personnel DepartmentHuman Relations Department, setting forth the definition, typical tasks, minimum qualifications and other relevant standards and information.
“CITY” shall mean the City of Turlock, California.
“COMPENSATION” means the salary, wage, allowance, and all other forms of valuable consideration, earned by or paid to an employee by reason of service in any position.
“COMPETITIVE SERVICE” means all positions and employees which are not specifically exempted by the Per sonnel Ordinance in Title 2 Article 5, Section 2 -4-506, of the Turlock Municipal Code.
“CONFIDENTIAL EMPLOYEE” means an employee who, in the course of the employee’s
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duties is (1) privy to decisions of the City Council or management affecting employer -employee relations; (2) has access to or possesses information relating to the City’s employer -employee relations; or (3) who has access to confidential employee and financial records and/or other confidential information not generally available to the publi c. These positions shall be so designated in the City’s Classification Specification.
“CONTINUOUS SERVICE” means service (employment with the City) without a break or interruption. In computing continuous service, approved leaves of absence shall not be considered as a break in service. Other absences in excess of 90 days in any twelve -month period shall be considered as a break in continuous service for the purpose of computing total years of service.
“DATE OF APPOINTMENT” means the first day of appointment to the competitive service or employment with the City.
“DATE OF SEPARATION OR TERMINATION” means the last day of officially recorded employment with the City.
“DEPARTMENT DIRECTOR” means an individual appointed by the City Manager to direct the operation of an established department. Department Directors are at will employees under the direction of the City Manager. Employees hired as Department Directors prior to XXX (insert date of amended Personnel Rules and Regulations) are not at will. A Department Director is an at will, exempt employee
“DEMOTION” means change in status from a position in one class to a position in another class having a lower salary range or to a lower salary step in the same salary range. means the movement of an employee from one class to another class having a lower maximum rate of pay.
A demotion may be disciplinary or undertaken for non-disciplinary reasons.
“DESIGNEE” means an employee designated to undertake actions or activities at the request and on behalf of a superior.
“DISCIPLINARY ACTION” means action taken by a supervisor resulting in the dismissal, demotion, reduction in pay, suspension, or reprimand, either oral or written, of an employee as a consequence of improper conduct.
“DISMISSAL” means a disciplina ry action involving the separation of an employee from City employment. Separation of an employee from City employment for non-disciplinary reasons, such as layoff or reorganization, shall not constitute dismissal.
“ELIGIBLE LIST” means an officially esta blished list of candidates who have been examined and determined to be qualified to be appointed to a particular classification.
“ELIGIBLE” means a person whose name is on an eligible list by receiving because the person received a passing score in an examination process.
“EMERGENCY APPOINTMENT” means an appointment of temporary duration made solely to avert or assist during a civil disaster, or an imminent danger to persons or property.
“EMPLOYEE” means a person employed by the City and occupying an app roved
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classification. Employees are considered to be either regular or non-regular.
“EMPLOYEE REPRESENTATIVE” means a person or persons designated and authorized by an Exclusively Recognized Employee Organization to represent the membership of that organization.
“EVALUATION DATE” means the date on which an employee performance appraisal, i.e., evaluation, is due.
“EXAMINATION” means means the process of measuring and evaluating the relative ability and fitness of applicants by job-related testing procedures consisting of one or more of the following methods: written test, oral examination, performance test, physical agility/fitness for duty tests, personal interview, and background evaluation.
“EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION” means an emplo yee organization, which has been formally acknowledged by the City as the sole employee organization representing the classifications and employees in an appropriate unit. An Exclusively Recognized Employee Organization has the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees.
“EXEMPT EMPLOYEE” means an employee who is exempt from the minimum wage and overtime requirements of the Federal Fair Labor Standard Act (“ FLSA”). To be considered “exempt”, an employee must work in a bona fide executive, administrative, or professional capacity and be paid on a salary basis as required by the FLSA. These positions shall be so designated in the classification plan.
“EXEMPT SERVICE” means a position (generally management level) in City Service that serves at the pleasure of the appointment authority, either the City Manager or the City Council.
“EXTRA HELP” means employment in the exempt service which is generally for a short period of time to assist in high work load periods or to substitute in a regular employee's absence.
Part-time and seasonal employees fall into this category.
“GRIEVANCE” means an alleged violation of a City rule, policy, or procedure.
“IMPASSE” means a deadlock in discussi ons between an exclusively recognized employee organization and the City Manager (or designee) over any matter concerning which they are required to meet and confer in good faith.
“LAY OFF” means termination from employment because of lack of funds or mat erial change in the duty or organization of a department, or the City as a whole, in the provision of services.the separation of employees from the active work force due to the lack of work or funds or the abolition of positions by the City for such reason s or due to organizational changes or business needs.
“LEAVE OF ABSENCE” means written permission to be absent from duty for a specified period of time. The employee with this permission has the right to return to the same classification at the expiration of such period.
“LIMITED TERM OR TEMPORARY EMPLOYEE” means an employee who has been
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appointed to a position that has been established for a limited term, funded for a limited term, or funded by a program which governs the eligibility of the employee to hold the position as a participant in the program.
“OPEN EXAMINATION” means an examination for a particular classification, open to all qualified applicants.
“MEDIATION” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the City and a recognized employee organization.
“MEET AND CONFER IN GOOD FAITH” means the mutual obligation of the City and an exclusively recognized employee organization to meet and confer promptly upon request by either party and to continue meeting for a reasonable period of time in order to freely exchange information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation.
“MEMORANDUM OF UNDERSTANDING” means a written agreement between the City and a recognized employee organization as a result of meeting and conferring in good faith under the Meyers-Milias-Brown Act. Memoranda of Understanding are not considered binding on the City until ratified by the City Council.
“MUNICIPAL SERVICE” means the group of employees that are appointed to serve in full- time, allocated positions for the City of Turlock.
“PERFORMANCE EVALUATION” means a written evaluation of an em ployee's performance of their assigned duties which is conducted on at least an annual basis and placed in the employee’s file.
“PERSONNEL OFFICER” means the City Manager or designee , such as the Human Relations Director.
“PERSONNEL ORDINANCE” means Article 5, Chapter 4, Title 2 of the Turlock Municipal Code which creates agoverns the personnel system for the cCity.
“POSITION” means any office or employment in the municipal service, whether occupied or vacant which is allocated by the City Council means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.
“PROBATIONARY PERIOD” means a working test period for a minimum of 12 months, during which an employee is required to demonst rate his fitness for the position by actual performance of the duties and may be released from employment without the right of a hearing. means a period during which an employee is required to demonstrate fitness for the classification to which the employe e is appointed. Probationary period may mean either the initial period of employment during which an employee serves at will and may be dismissed without cause; or, that period of employment upon promotion, during which an employee’s performance during the first year of employment in a new position is being assessed. Unless specified otherwise, the probationary period is twelve (12) months from the employee’s hire date, or twelve (12) months from the date of appointment to a different position. Probation may be extended in circumstances where an employee’s absence for any reason has been of sufficient duration to impact
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assessment of the employee’s fitness for the classification , or upon approval by the department head.
“PROMOTION” means the movement of an employee from one position to another having a higher maximum rate of pay.
“PROMOTIONAL EXAMINATION” means an examination for a particular classification in which the admission to the examination is limited to qualified employees in the municipal service.
“PROMOTIONAL LIST” means an eligible list resulting from a promotional examination.
“RECLASSIFICATION” means a change in the classification placement of an employee by moving the employee to another classification on the basis of substantial changes in the kind, difficulty, or responsibility of duties performed in the employed position, or to correct an improper classification.
“REGULAR EMPLOYEE” means an employee in a full -time position in the competitive service who has successfully completed their probationary period.
“REGULAR RATE OF PAY” includes base pay plus incentives and specialty pays, and is the rate used to calculate overtime, as defined within the provisions of the Fair Labor Standards Act.
“REINSTATEMENT” means the re-employment, without examination, of a former regular employee within one (1) year from the date of resignation from the municipal service.
Reinstatement must have the recommendation of the affected Department Director and approval by the City Manager.
“SALARY RANGE” means a range of pay which has five steps or increments of pay that are separated by five percent differentials.
“SCOPE OF REPRESENTATION” means all matters relating to employment conditions and employer-employee relations, including but not limited to, wages, hours, and other terms and conditions of employment, except, however, the scope of representation shall not include consideration of the merits, necessity, or organization of any services or activity allowed by law or executive order, or those matters reserved as management rights.
“SENIORITY” is the date of hire into a specific classification. Seniority shall be determined by the amount of time an employee has been employed by the City in a given classification less any breaks in continuous service. Certain types of leave, such as Family and Medical Leave, are not considered a break in service for purposes of seniority. If two (2) or more employees have the same length of service in the same classification, seniority shall be determined by overall employment within the City.
“SPECIAL PAY” means any premium pay relating to terms and conditions of employment which includes, but is not limited to, shift differential, overtime, standby, educational incentive pay, longevity pay, out-of-class pay, etc.
“STEP INCREASE” means a salary increase within the step increments of the salary range established for a classification. For example, an increase form Step A to Step B in a salary
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range is a step increase.
“SUPERVISORY EMPLOYEE” means a n employee with the res ponsibility for assigning and directing the work of other employees and handling grievances, or effectively recommending such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. A supervisory employee may have the responsibility to recommend hiring, rewarding, or disciplining employees under his/her charge. A supervisory employee is distinguished from a management employee, in that the latter has substantial responsibility for formulating and managing City policies.
“SUSPENSION” means the temporary separation removal from service of an employee with or without pay, for disciplinary purposes reasons.
“TRANSFER” means the change of an employee from one position to another position in the same class or another class having essentially the same maximum salary limits, involving the performance of similar duties and requiring substantially the same basic qualifications. or in a comparable class.
“WEEK” is defined as seven (7) consecutive days commencing at 12:01 a.m. Sunday and ending at midnight the following Saturday.
“WORKDAY/WORKWEEK” is defined as eight (8) hours of work performed, not including any unpaid no-work time, within a day. A stand ard “workweek” is defined as forty (40) hours of work performed, not including any unpaid non -work time, within a week. The definitions of standard workday and standard workweek, however, are not to be construed as a guarantee of any specific number of hours to be worked in any day or days to be worked in any week. Further, Public Safety employees have a workweek defined under the Fair Labor Standards Act.
“Y-RATE” means the temporary freezing of an employee’s salary whose salary has been determined to exceed the appropriate level of compensation for the level of duties performed.
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Chapter 3: Equal Employment Practices
3.1 COMMITMENT TO DIVERSITY
The City is committed to fostering a diverse workforce, and maintaining a workplace that is equitable and inclusive for all employees. The City recognizes that our employees, comprise a wide range of backgrounds, characteristics and experiences that contribute ultimately to the knowledge and expertise that is a valuable asset to the City.
The City is committed and determined to provide opportunity and advancement for all employees, regardless of their background or particular characteristics, and to ensuring that all individuals involved in City operations are treated with respect and dignity.
Accordingly, the City expects that employees will treat their coworkers, supervisors and managers with the same dignity and respect. As such, pursuant to City policy, disrespect, inappropriate behavior or conduct toward others will not be tolerated and may subject an employee to disciplinary action, up to and including termination.
If you feel you have been mistreated, harassed, or discriminated or retaliated against in violation of City policy, you should notify one of the people in the complaint procedure below as soon as possible so that the City can take appropriate action.
3.2. DISCRIMINATION, HARASSMENT AND RETALIATION PREVENTION POLICY AND
COMPLAINT PROCEDURE
3.2.1 Non- Discrimination/Equal Employment Opportunities
The City’s policy is to make all employment de cisions without regard to an individual’s actual or perceived: race, religious creed (including religious dress and groomi nmg practices), color, sex/gender (including pregnancy, childbirth, breastfeeding , etc. ), sex stereotype, gender identity/gender expr ession/transgender, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, genetic information/characteristics, marital status, registered domestic partner status, age (40 or over), military or veteran status, or any other basis protected by federal, state or local law or ordinance or regulation.
The City is an equal opportunity employer, and strictly prohibits discrimination, harassment, disrespectful/unprofessional conduct on any protected basis by any employee, including managers, supervisors and co -workers. The City also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. This policy pertains to all aspects of employment terms and conditions for applicants, employees and unpaid interns including, but not limited to, recruitment, hiring, training, promotion, terminat ion, compensation and benefits.
The City’s policies also prohibit discrimination against an applicant or employee based on political opinions or affiliations, or activity related forming, joining, and participating in the activities of employee organizat ions of their own choosing for the purpose of representation on all matters of employer-employee relations.
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You have a right to redress for prohibited discrimination. If you believe you are being discriminated against on any basis protected by state , federal, or local law or ordinance, you should use the procedure outlined below to file a complaint and have it investigated.
3.2.2 Disability Accommodation
In compliance with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the City will make reasonable accommodations for the known physical or mental disabilities of otherwise qualified applicants, employees, or un paid interns to the extent required by law, unless undue hardship, financial or otherwise, or a direct threat to health and safety would result .
Any applicant, employee or unpaid intern who requires an accommodation to perform the essential functions of his/her job or related to equal employment opportunities should contact the Human Relations Director and request an accommodation. Human Relations will communicate with the individual and engage in an interactive process to determine the nature of the issue and what, if any, reasonable accommodation(s) may be appropriate. In some cases, this intera ctive process may be triggered without a request from the individual, such as when the City receives notice from another source that a medical impairment may be impacting an employee’s ability to perform the essential job functions. The City will work with the individual to identify potential reasonable accommodations that may be available . The City will consider the preference of the individual but retains discretion in the selection of a reasonable accommodation consistent with business needs. Individuals requesting accommodation must fully cooperate in the process and provide accurate and current medical information if needed in a timely fashion. Failure to do so may result in waiver of the right to an accommodation. All medical information will be kept confidential and disseminated only in accordance with applicable law.
3.2.3 Religious Accommodation
The City will provide reasonable accommodation for religious beliefs, observances, and practices of employees, unpaid interns and applicants when a need for such accommodation is identified and reasonable accommodation is possible. A reasonable accommodation is one that eliminates the conflict between an employee’s religious beliefs, observances, or practices and the employee’s job requirements, without causing undue hardship to the City.
Any employee who perceives a conflict between job requirements and religious belief, observance, or practice should bring the conflict and his or her request for accommodation to the attention of Human Relations to in itiate the accommodation process.
Accommodation requests should be made in writing.
The City will not retaliate or otherwise discriminate against an employee or applicant who requests an accommodation in accordance with the policies on accommodation.
3.2.4. Prohibited Harassment Prevention
The City maintains and enforces a strict policy protecting applicants, employees, unpaid interns, volunteers and independent contractors against harassment because of the
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individuals actual or perceived: race, relig ious creed (including religious dress and groominmg practices), color, sex/gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, gender identity/gender expression/transgender (including whether or not you ar e transitioning or have transitioned), sexual orientation, national origin (including language use restrictions and possession of a driver's license issued to persons unable to prove their presence in the United States is authorized, ancestry, physical dis ability, mental disability, medical condition, genetic information/characteristics, marital status, registered domestic partner status, age (40 or over), military or veteran status, or any other basis protected by federal, state or local law or ordinance or regulation.
The City also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics.
The City's policy prohibiting harassment applies to all persons involved in the operation of the City. The City prohibits harassment, disrespectful or unprofessional conduct by any employee of the City, including supervisors, managers and co-workers. The City's anti - harassment policy also applies to other perso ns involved in City operations, including elected officials, vendors, customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contrac t and other persons within the work environment.
Prohibited harassment may have occurred even if you have not lost a job or some other economic benefit. However, only harassment that unreasonably interferes with your work performance or creates an intimidating, hostile or offensive work environment is unlawful.
Prohibited harassment will not be tolerated, whether or not it rises to the level of unlawful conduct. Conduct that is prohibited under this policy includes, but is not limited to:
• Verbal conduct such as epithets, derogatory comments, slurs, or unwanted sexual advances, invitations, or comments.
• Visual conduct such as derogatory posters, photography, cartoons, drawings, emails, internet sites or gestures.
• Physical conduct such as unwanted touchi ng, blocking normal movement, or interfering with work directed at you because of your sex or any other prohibited basis. • Threats and demands to submit to sexual requests as a condition of employment or to avoid some other loss, and offers employment bene fits in return for sexual favors.
Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by City policy. • Other threats and demands based upon any other prohibited basis. • Retaliation for opposing, reporting or threatening to report prohibited harassment, or for participating in an investigation, proceeding or hearing conducted by the City, Fair Employment and Housing Commission, the Equal Employment Opportunity Commission or similar agency.
You have a right to redress for prohibited harassment. If you believe you are being harassed on the job on any basis protected by state federal or local law or ordinance, you should use the procedure outlined below to file a complaint and have it invest igated.
Employees are required to report conduct prohibited by this policy whether or not they are personally involved.
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3.2.5. Non-Retaliation
The City of Turlock is committed to providing a workplace conducive to open discussion of the City’s business practices. The purpose of the policy is to reassure City employees that they can raise workplace concerns regarding alleged violations of City policy or local, State or Federal Law without retaliation. Our commitment to integrity includes a responsibility to foster an environment that allows individuals to report violations without the fear of retaliation or retribution. No one should be discouraged from using any available channel within the organization.
This policy prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined below.
City employees are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State or Federal law with his/her immediate supervisor, Human Relations or the City Attorney’s office. Promptly raising questions and concerns allows the opportunity for such concerns to be addressed quickly and can help prevent problems from occurring or escalating.
Complaints and concerns are accepted in person, by telephone, email and regular mail, and can be anonymous. A complaint form and copy of this policy can be obtained at the Human Relations office or on the City’s intranet under Human Relations. Employees are also free to file a complaint with the appropriate outside agency.
Thise prohibits retaliation against any employee because of the employee’s opposition to a practice or conduct the employee reasonably and in good faith believes to be unlawful or because of the employee’s lawfully protected participation in an investigation or proceeding.
It is the policy of the City to prohibit the taking of any adverse employment action (e.g. demotion, termination, altering work schedules or locations threats or intimidation) against those who in good faith report or participate in investigations into complaints of alleged violations of City policy or local, State or Federal law in retaliation for that reporting or participation. Protected activity includes but is not necessarily limited to:
1. Making or filing an internal complaint with the City regarding alleged violations of City policy, local, State or Federal law.
2. Providing informal notice to t he City regarding alleged violations of City policy, local, State or Federal law.
3. Participating in investigations and/or in court/administrative hearings regarding alleged violations of City policy, local, State or Federal law.
4. Filing a complaint with a Federal or State enforcement or administrative agency
No employee of the City shall directly or indirectly use or attempt to use the authority or influence of such employee for the purpose of intimidating, threatening, coercing, directing or influencing any person with the intent of interfering with that person’s duty to disclose alleged violations of City policy or local, State or Federal law.
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Disciplinary action, up to and including termination, will be taken against an employee who is found to have violated this Non-Retaliation Policy, and any contractor who violates this policy will be subject to appropriate sanctions. However, employees who file reports or provide evidence which they know to be false or without a reasonable belief in the truth and accuracy of such information will not be protected by this Policy and may be subject to disciplinary action, including termination.
Any retaliatory adverse action because of such opposition or participation may be unlawful and will not be tolerated. If y ou believe you have been subjected to retaliation, please follow the complaint procedure outlined below.
3.3 COMPLAINT PROCEDURE – DISCRIMINATION, HARASSMENT & RETALIATION
3.3.1 Responsibilities
1. Except as set forth below, the City Manager is responsible for enforcement of the City Policy Against Harassment and Discrimination.
2. The Human Relations Director is responsible for ensuring that all complaints of harassment are investigated thoroughly and promptly, including presentation of recommendations for any necessary action to the City Manager, Department Director, or Department Manager.
3. Every Department Director is responsible for informing all employees of the City Policy Against Harassment, Discrimination and Retaliation and for taking the steps necessary to set a positive example in the prevention of harassment.
4. Every Supervisor is responsible for taking immediate and appropriate corrective action upon the observation of any incident of harassment or upon receipt of an oral or written report of any occurrence of harassment.
5. All Supervisors, Managers, Department heads and Directors are required to report complaints or incidents of harassment, discrimination or retaliation to the Human Relations Director or his/her designee.
6. Every City Employee is responsible for reporting any act of harassment to the immediate Supervisor, Department Manager, Department Director, Human Relations Director or the City Manager.
3.3.2 Procedure
The City encourages employees to report all incidents believed to be prohibited discrimination, harassment or retaliation as soon as possible after the incident. You should provide a complaint, preferably in writing, to your immediate supervisor, or a manager, department head or director with whom you feel comfortable. You may also bring your complaint to the Human Relations Director. Complaint forms are available for in the Human Re lationssurce Department or online . Your complaint should include the details of the incident or incidents, the names of the individuals involved and the names of any witnesses. Supervisors must refer all complaints to the Human Relations Director or the City Manager.
Supervisors and managers must refer all complaints under this policy to the Human
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Relations Director or the City Manager. Supervisors and managers are also required to report any behavior they observe which may be a violation of this policy. The City will undertake a thorough and objective investigation of the discrimination, harassment and/or retaliation allegations in a timely manner, as s oon as is practicable under the circumstances. The investigation will be conducted by the Human Relations Director or other designated qualified City personnel, or a qualified designated outside investigator.
The investigation will be documented and tracked for reasonable progress and closed in a timely fashion. The City will make reasonable conclusions regarding the allegations based on the evidence collected. Upon completion of the investigation, the Cityompany will communicate its conclusion as soon as practical. If the Cityompany determines that this policy has been violated, remedial action will be taken, commensurate with the severity of the offense, up to and including termination of employment. Employees should be aware that they can be held perso nally liable for the misconduct .that constitutes unlawful harassment. Appropriate action will also be taken to deter any such conduct in the future.
The City expects all employees to fully cooperate with any investigation conducted by the City into a complaint of proscribed harassment, discrimination or retaliation, or regarding the alleged violation of any other Cityompany policies. The City will maintain confidentiality surrounding the investigation to the extent possible and to the extent permitted un der applicable federal and state law. However, the City cannot promise complete confidentiality. The City’s obligation to investigate may require disclosure of certain information to individuals with a need to know.
The federal Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) will accept and investigate charges of unlawful discrimination or harassment at no charge to the complaining party. Information may be located by visiting the agency website at www.eeoc.gov or www.calcivilrights.ca.gov/.
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Chapter 4: Personnel Practices
4.1 CLASSIFICATION
4.1.1 Preparation of Plan
The City Manager shall prepare a plan of classification of all positions in the municipal service according to similarity of authority, responsibility and duties, and according to similarity of required training, skills and experience. The Human Relations Director shall maintain a classification plan of all City employment positions according to similarity of authority, responsibility and duties, and according to similarity of required training, skills and experience, and shall submit that classification plan to the City Manager for approval.
Class specifications shall include:
a. Classification title and brief description.
b. A summary of typical duties and responsibilities assigned to the classification. c. A statement of the training, experience, and other qualifications required of the class.
4.1.2 Adoption of Plan
The classification plan shall be approved in whole or in part, or may be modified by resolution of the City Council. The classification plan may be amended, and the City Council may create new classes, or abolish existing classes in the same manner.
4.1.3 Allocation of Positions
Following the adoption of the classification plan, the City Manager shall allocate every position in the competitive service as well as those positions that are exempt from competitive service to one of the classes established by the plan. Following the adoption of the classification plan, the City Manager shall allocate every position in the competitive and exempt service to one of the classes established by the plan.
4.1.4 Reclassification
Any employee who believes that the duties of their position have substantially changed may notify their Department Manager Director and request a review of the job duties and responsibilities. The Division Manager Department Director shall consult with the Human Relations Director Human Resources Director Manager and request that Human ResourcesHuman Relations conduct a job audit if deemed appropriate.
The employee shall be notified in writing of the final determination within ninety (90) days of the request. If it is found that the duties of the employee’s position have substantially changed, the duties may be reassigned or the position shall be allocated by the City Manager to a more appropriate classification, whether new or already created.
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Department heads or managers may recommend to the City Manager that an employee’s position be reclassified if job duties and responsibilities have substantially changed. The City Manager may order the reclassification of the employee or position.
4.2 COMPENSATION
4.2.1 Preparation of Compensation Plan
The Human Resources ManagerHuman Relations Director shall maintain a compensation plan covering all classes of positions with designated rates of pay , and shall submit that plan to the City Manager. The City Manager shall prepare a compensation plan covering all classes of positions in the municipal service with designated rates of pay.
In arriving at such salary ranges, consideration shall be given to prevailing rates of pay for comparable work in other public and private employment, including consideration of local conditions of work a s well as basic pay; to current cost of living; to suggestions of Department Directors; and to the City’s financial condition and policies, and such others sources of information as are deemed necesssary to the City’s business needs, financial condition and policies, and such other sources of information deemed necessary. The City Manager shall thereafter make such further studies of the compensation plan as may be requested by the City Council, or as considered desirable.
4.2.2 Adoption of Compensation Plan
The City Manager shall submit the proposed pay plan Compensation Plan to the City Council. The Council shall adopt or amend and adopt the proposed plan in the same manner as the adoption of the classification plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position, unless the salary schedule for the class is amended in the same manner as herein provided for its adoption.
4.2.3 Characteristics of the Compensation Plan
1. Each salary range consists of a minimum step, a maximum step and three intervening steps.
2. The increase from one step to the next step in each range is five (5) percent.
3. Each range starts at the second step of the range below it and goes one step higher than the range below it. This does not pertain to sub-ranges.
4. In general, newly appointed employees shall generally be classified at the first step of the salary range for the particular classification to which the appointment is made. The City Manager has the discretion to approve the appointment of a new employee at a step higher than the first step in the range, upon the recommendation of the Department Head or Human Resources ManagerHuman Relations Director .
At no time should a permanent supervisory employee be compensated at a rate that is not at least five percent (5%) higher than that of his or her highest-paid subordinate.
4.2.4 Administration of the Compensation Plan
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Salary increases within the established salary range shall not be automatic, but shall depend upon an overall satisfactory performance rating as reflected in a performance evaluation signed by the Department Director and approved by the City Manager., as well as the City’s business needs and financial condition.
The first step is the minimum rate and should normally be the hiring rate for the class. The City Manager may hire above this step in case of an unusually well-qualified person or in a tight labor market, or when such action, in his the City Manager’s opinion, clearly appears to be in the best interest of the City.
Employees will not normally be eligible for consideration of an increase to the second step until they have given fully satisfactory performance for a period of twelve (12) continuous months at the first step and passed their probationary period. Salary advancement to the third, fourth, and fifth step will be based on an overall performance evaluation rating of satisfactory or above in conjunction with normal salary review date.
4.2.5 Salary Review Date
An employee’s salary review date shall be the date an employee completes 12 months of continuous, full-time service at a salary step, or sooner based on the discretion of the City Manager. The City Manager shall have discretion to approve upward sal ary movement greater than one (1) step when doing so is in the best interests of the City.
An employee’s salary review date shall be changed under the following conditions:
a. Transfer. The salary review date of an employee transferred to a position of sim ilar duties, responsibilities, and salary range shall be altered unless if the employee is required to serve a new probationary period.
b. Promotion. The salary review date of an employee promoted to a position which involves either an increase in responsibilities or duties and an increase in salary range shall be altered to coincide with the effective date of the promotion. c. Reclassification. The salary review date for an employee reclassified to a position requiring performance of duties at a higher level o f responsibility and pay will be changed to one (1) year from the effective date of the reclassification if the reclassification results in more than a five (5) percent raise. If the reclassification results in a five (5) percent increase or less, the emp loyee’s salary review date will remain the same.
d. Demotion. The salary review date of an employee demoted to a position which involves either a reduction in responsibilities or a change in duties and a reduction in salary range shall be altered to coincide with the effective date of such demotion. e. Y-Rate. When the salary of an incumbent exceeds the top step of the salary range to which they have been demoted, their salary shall be frozen until the fifth step of the new classification equals or exceeds thei r present salary. At that time , they will become eligible for cost of living adjustments granted to incumbents of the classification or bargaining unit should their classification be a single position class.
When the salary of the affected incumbent fall s within the range of the lower classification, they will be placed on a salary step at least equal to their present salary and maintain their previous review date.
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The Y -Rate shall be established for one (1) year from the effective date of the demotion. At the end of one (1) year, an incumbent whose salary continues to exceed the range of the new classification shall be placed on the fifth step established for the new classification.
f. Leave of Absence . The salary review date of an employee whose service is interrupted by a leave of absence without pay without pay for whatever reason, for more than thirty (30) calendar days shall be adjusted by advancing the review date by the total number of such days. Provided, however , that the adjustment of the salary review date of an employee subject to military leave shall be consistent with the provisions of Section 395 of the Military and Veterans Code of the State of California. g. Modified Duty. The salary review date of an employee whose service has included a period of more than thirty (30) calendar days in which he or she has worked in a modified capacity shall be adjusted by advancing the review date by the total number of such days.
4.3 RECRUITMENT
4.3.1 Announcement
All recruitments for classification vacanc ies within the City shall be publicized by such methods as the Personnel Officer or his/her designee deems appropriate, consistent with City standards. To the extentpractical extent, recruiting methods shall be designed , to ensure that all segments of the community are aware of the forthcoming examination(s).
The Personnel Officer shall recruit for positions in the municipal service positions by such methods as considered necessary, such as by posting on public bulletin boards, and advertising in professional trade journals and other mass media.
Announcements shall briefly specify the title and pay range of the position class; the nature of the work to be performed; qualifications necessary or desirable for the performance of the work in the class; the dat es, time, place and manner of taking application and examinations; and other pertinent information . The announcement will also include a disclosure about whether the position is open to internal applicants only, or whether external applicants will be considered.
4.3.2 General Standards for Employment
Applicants for employment shall meet such standards of education, experience, skills, abilities and personal and physical characteristics as are required for acceptable performance of the duties of the positi ons to which appointments are to be made. No applicant shall be discriminated against on account of race, religion, color, creed, political beliefs, sex (including pregnancy, gendy identity, gender expression, and sexual orientation or stereotype), genetic characteristics or information, physical or mental disability, medical condition, military and veteran status, marital stats, national origin, age, or any other basis or characteristric protected by law. No applicant shall be discriminated against on acco unt of race, religion, color, creed, political beliefs, sex (including pregnancy, gender identity, gender expression, and sexual orientation or stereotype), genetic characteristics or information, physical or mental disability, medical condition, military and veteran status, marital status, national origin, age, or any other basis or characteristic protected by law.
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4.3.3 Minimum Standards for Employment
All applicants shall meet the minimum standards prescribed by applicable class specifications at the t ime of appointment and shall pass a medical examination administrered by a licensed medical doctor, selected and paid by the city, to determine physical fitness for the position to which an appointment is to be made. All applicants shall meet the minimum standards prescribed by applicable class specifications at the time of appointment. Applicants who have been made a conditional job offer may be required to pass a medical examination administered by a licensed medical doctor, selected and paid by the City, to determine physical fitness for the position to which an appointment is to be made. The City reserves the right to make provisional appointments in the absence of available eligible applicants.
4.3.4. Disqualified Applicants
The Personnel Officer may reject an application or subsequently refuse to certify an applicant who:
A. Does not possess the minimum qualifications established for the position;
B. Is physically or psychologically unfit for the satisfactory and safe performance of the duties of the position;
C. Has been dismissed for cause from public service;
D. Has used or attempted to use personal or political influence to further eligibility or appointment;
E. Is engaged in and would refuse to discontinue employment, activity, or enterprise which, if continued while a City employee, would be in direct conflict of interest with City duties;
F. Has practiced or attempted to practice any deception, fraud or omission of a material fact in the application or examination, or in securing eligibility for appointment; G. Has been convicted of a criminal offense involving moral turpitude with a nexus to the workplace. The word “convicted” shall be construed to mean a conviction by a verdict, by plea of guilty or nolo contendere or upon a judgment of the court, a jury having been waived, without regard to subsequent disposition of the case by suspension of sentence, probation or otherwise;. The word “moral turpitude” shall be construed to mean any act of baseness, vileness, or depravity, or any act done contrary to justice, honesty, modesty, or good morals, or an act done with deception or through corrupt motives;
H. Has been convicted of:
1. Crimes against persons including:
a. Murder or aggravated assault (Penal Code Sections 187 and 245) b. Rape (PCS 261)
c. Kidnapping (PCS 209)
d. Armed Robbery (PCS 211)
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e. Sex offenses as defined in Penal Section 285 (incest), 286 (sodomy), 288 (child molesting) and 647.6 (misdemeanor child molesting).
2. Crimes against property including:
a. Arson (Penal Code Section 451)
b. Burglary (PCS 459)
c. Receiving or selling stolen goods (PCS 484, 496)
d. Forgery and issuing bad checks (PCS 470, 476a)
e. Theft (PCS 487, 488)
f. Embezzlement (PCS 504 et seq.)
g. Crimes involving controlled substances included within the scope of Health and Safety Code Section11350, 11351.5, 11352, 11353, 113 54, 11355, 11378.5, and 11379.
Future recruitment could be affected depending upon the nature of the disqualification.
At any point in the recruitment and selection process, the Human Resources ManagerHuman Relations Director may refuse to declare an a pplicant an eligible candidate, or may withhold or withdraw from certification, prior to appointment by the City Manager, anyone who:
• Has failed to provide proof the candidate meets all of the requirements established in the announcement for the position for which the candidate applied,
• Has been convicted of a felony of such a nature as to have an adverse effect on the candidate’s ability to perform the duties of the position,
• Has a history of dismissal from any position in public or private service for any cause which would be a cause for dismissal from City employment,
• Has practiced or attempted to practice any deception or fraud in his/her application, examination, or in securing eligibility, or is otherwise not qualified for employment.
4.3.5 Access To Criminal History Information
The City’s Department of Human ResourcesHuman Relations reviews conviction records as one of the final steps in the hiring process. Applicants will be fingerprinted and those fingerprints will be sent to the California Dep artment of Justice (DOJ) and the Federal Bureau of Investigation (FBI). The City will review any conviction history the City receives to determine if there is a conflict with the specific position the applicant applied for. Arrest information is considered in limited circumstances. For the purpose of obtaining information concerning the foregoing, the Personnel Officer Human Resources ManagerHuman Relations Director is authorized to have access to State Summary Criminal History Information pursuant to Penal Code Section 11105(b) (10) and to require, as a condition of employment, the fingerprinting of new employees.
FINGERPRINTING
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The Personnel Officer Human Resources Manager Human Relations Director shall establish and maintain a fingerprinting system on al l new employees as a condition of employment. No person will be required to submit to fingerprinting prior to receiving a conditional job offer. Refusal on the part of the employee to be fingerprinted or failure to report for fingerprinting shall be cause for dismissal. Fingerprints will be maintained in asome secure locationplace within City Hall, and will not be furnished to any other employer or third party under any circumstances where such could be used to the detriment of the employee.
4.3.6 Employment of Relatives, Anti-Nepotism Policy, and Conflict oOf Interest Living Arrangements Relating to City Employment.
Except as to persons already employed on the effective date of this section as it relates to their current position and relationship on January 11, 1994. No person related to a full- time or part -time employee, elected or appointed City Officer, or contract employee by blood, or marriage, or quasi -married to the third degree of relationship or in a domestic living arrangement shall be appointe d or transferred into a department employing such relative in a direct conflict of interest position.
For the purpose of this section, a direct conflict of interest shall mean a situation in which the employee of the relative or person with whom they hav e entered into such a relationship would be in a position to affect the terms and conditions of one another's employment, including making decisions about work assignments, compensation, discipline, salary advancement, promotion or performance evaluation.
This policy does not apply to the Turlock Police or Fire Department, or its employees other than the Chiefs of the respective departments, who may not employ his or her relatives or domestic partners. Other employees of those departments are subject to t he specific policies of the department, not Section 4.3.6.
A. Definitions. As used in this section:
1. "Relative" means spouse, child, step -child, parent, step -parent, grandparent, grandchild, brother, sister, half -brother, half -sister, aunt, uncle, niece, n ephew, parent-in-law, brother-in-law, sister-in-law, or another individual related by blood, marriage, or quasi-marriage in the same household as a City employee.
2. "Domestic Living Arrangement" means a living arrangement which includes, but is not limited to, shared housing as roommates, tenants, co-tenants, or co-owners of real property, or domestic partners between opposite or the same sexes living in the same household with a City employee.
3. "Employee" means any person who is compensated for performing wor k and services rendered to the City of Turlock.
B. Application.
1. City-wide - Relatives or domestic partners of those listed below may not be employed anywhere in the City organization:
a. City Council members and other elected City officials;
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b. Standing Board and Commission members;
c. The City Manager and City Attorney, and Department Directors of the City; d. The Human Resources ManagerHuman Relations Director of the City.
2. Within Departments - The employment of relatives is prohibited within a Department when they:
a. work on the same shift at the same work site - the affected Department Director will determine whether an assignment of a relative as described above can be accommodated by appointment to an alternate shift or work site based on department size and variety of functional areas of responsibility; and b. share a supervisorial/subordinate relationship; or
c. are related, as defined hereinabove, to a confidential employee of the City.
3. Marriage, Quasi -Marriage or Roommates Within Departments - When two employees of th e same Department get married, or are living in the same household in a quasi-marital arrangement, or as room -mates, and their positions place them in a conflict of interest relationship as defined above one of the following must occur:
a. The Human ResourcesHuman Relations Department will attempt to arrange a transfer to a similar position in another Department or reorganize duties within the same department so that a non -conflict position exists. Usually the employee in the most junior classification will make the transition. There can be no guarantee that a new position will be within the same classification or at the same salary level;
b. Notwithstanding the foregoing, newly married, quasi -married or roommate employees may continue to work in the same Department when so requested by the Department Director and the request is approved by the City Manager or his designee. However, the following conditions will apply. They may not (i) report to the same supervisor, (ii) be supervised by their spouse, quasi - spouse, domestic partner or roommate, or (iii) work the same shift at the same work site as their spouse, quasi-spouse, domestic partner or roommate; c. One of the spouses, quasi -spouses, domestic partner or roommate must be separated from City employment if a transfer is not available or approval for retention is not authorized. If one of the spouses, quasi -spouses, domestic partners, or roommates does not voluntarily resign, the one who is most junior as it relates to total years of service with the City of Turlock will be discharged." C. City Manager Authority.
The City Manager has the authority and discretion to waive any portion of Section
4.3.6 on an individual and case-by-case basis when they determine that doing so is in the best interests of the City, and provided that any such waiver does not results in a conflict of interest under the law.
4.3.7 Examination Preparation
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The Personnel Officer Human Resources Manager Human Relations Director shall prepare or have prepared any tests that are deemed neces sary for a valid and equitable determination of the fitness of applicants for the positions to which appointments are to be made. Examinations shall be conducted for all appointments and promotions so far as practicable, in the judgement of the City Manager or Human Resources ManagerHuman Relations Director . Examinations will be conducted only as allowed by law.
Such tests may include, but shall not be limited to, the use of achievement and aptitude tests, other written tests, personal interviewinvestigation of character, performance tests, evaluation of daily work performance, work samples or any combination of these which will, in the opinion of the Personnel Officer Human Resources ManagerHuman Relations Director , test fairly the qualification of candi dates. Physical and medical tests may be given as part of any examination.
At appropriate phases in the hiring process, examinations may include an investigation of character, personality, education, experience, criminal history, credit bureau, drug & alcohol and any tests of intelligence, capacity, technical knowledge, manual skill, or job - related physical fitness that the Human Resources Manager Human Relations Director deems appropriate.
The Human Resources ManagerHuman Relations Director shall designate the procedure, time, place, and type of examination, the conditions under which it may be conducted, and the individual or competent agency who will conduct the examination. The City will make every reasonable effort to accommodate disabled applicants i n the administration of employment tests.
The City will provide a reasonable accommodation for applicants and employees with a physical or mental disability, unless doing so would pose an undue hardship or direct threat to the health or safety of the individual or others. Requests for accommodation will be evaluated on a case-by-case basis. The City will engage in the interactive process with the applicant or employee to address the request. This process may include, but is not limited to, providing medi cal documentation meeting s with specialists, and identifying restrictions and possible accommodations, in accordance with City’s policy set forth i in section 3.2.1 “Disability Accommodation.”
In any examination, the Personnel Officer Human Resources Manager may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefore.
4.3.8 Types of Recruitment Examinations
Examinations for recruitment s shall be Open, Open -Promotional, Promotional, or Continuous, and may be Formal or Informal as defined herein:
a. Open Examinations shall be open to all qualified applicants. b. Open-Promotional Examination shall be open to all qualified applicants. Certification of eligibles applicants may be limited to include only city emplo yees based on the request of the affected Department Director and concurrence by the City Manager. c. Promotional Examinations shall be limited to qualified employees of the competitive service holding an allocated position.
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d. Continuous Examinations may be administered periodically for a single classification.
Names shall be placed on eligibility lists and shall remain on such lists as prescribed in this sSection.
d.e. Formal Examinations shall include a written test and may include oral, performance and physical tests to be given to applicants. e.f. Informal Examinations shall include an appraisal of an applicant’s training, experience and other pertinent characteristics and may include oral, performance and physical tests.
4.3.9 Grading of Examinations
The personnel OfficerHuman Resources Manager Human Relations Director shall establish the minimum passing score for each test and the lowest total score on an examination required to qualify the applicants to be considered for appointment. The final score of an applica nt shall be based upon the scores of all the tests and evaluations included in the examination unless otherwise specified in the published selection process for each recruitment. Failure of the applicant to pass one part of the examination shall disqualify the applicant from taking other parts of the examination. Department directors have the discretion to establish a higher passing score than might be established by the Human Resources Manager Human Relations Director as a threshold for an applicant advancing in the selection process, when in the Ddirector’s discrfetion, a higher passing score is necessary to maintain performance standard’s in the Ddirector’s department.
4.4 FREQUENCY OF EXAMINATIONSCREATION OF ELIGIBLE LISTS
An eligible list shall be est ablished at the conclusion of the examination process for a particular classification. Eligible lists shall be effective for a period of six (6) months from the date of the qualifying exam. Eligible lists may be extended at the request of an affected Department Director or the Personnel Officer for a period of no more than six (6) months.
Eligible lists may be abolished prior to the six (6) month period if there are fewer than five (5) qualified or interested candidates for the position. Once an eligibl e list is created, except as stated herein, the list may not be changed or altered in any way.
4.4.1 Rule of Five
The Personnel Officer Human Resources ManagerHuman Relations Director shall certify candidates for appointment consideration who have succe ssfully tested and achieved placement on the eligibility list. Generally, the top five ranking active candidates on the eligibility list shall be certified to the Department Director for appointment consideration for one vacancy. One additional candidate will be certified for each additional vacancy that exists. The Department Director may appoint any of the candidates certified, regardless of rank.
A certification may be expanded to reach candidates with special qualifications i.e. bilingual abilities, special certificates or licenses or in order to promote appointments of candidates who are under represented in a particular classification. Expanded certifications may also be utilized when filling sworn public safety positions in the Police and Fire Departments due to the higher hiring standards that must be followed prior to final appointment consideration.
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4.4.2 Re-Employment Lists
The names of probationary and regular employees who have been laid off due to a reduction in workforce shall be placed on appropriate re-employment lists in the order of their competence, from highest to lowest. Competence shall be based on past evaluations of employee and recommendations of the affected Department Director with concurrence of City Manager. Re-employment eligibility shall be for one year from the date of lay -off.
Re-employment lists shall be used as a basis for reinstatement of former employees in accordance with the Personnel System Rules and Regu alations. Section 20.053.9.6 Reinstatement of these Rules.
4.4.3 Removal from Eligible Lists
An applicant may be removed from a given eligible list for any one of the following reasons:
a. Refusal to accept appointment to a position;
b. Appointment to a position;
c. Request of the applicant for removal from the list;
d. Eligible candidate fails to provide notification of a change in address; e. Fails to attend a scheduled interview;
d.f. Declined an interview on two (2) occasions;
e.g. Substitution of a new eligible list;
f.h. Failure to continue to meet any of the minimum standards established for the position for which the eligible list was prepared;
g.i. Disqualification for reasons stated in the Personnel System Rules and Regulations Section 14:044.3.4. of these Rules.
4.5 APPOINTMENTS
4.5.1 Kinds of Appointments
All positions of employment in the service of the City are in the competitive service, except (a) The City Manager; (b) Elected officers; (c) Members of appointed boards, commissions, and committees; (d) Persons engaged under contract to supply expert, professional, technical, or any other services; (e) Volunteer personnel, such as volunteer fire fighters and police reserves; (f) the City Attorney; (g) Emergency employees who are hired to meet the immediate requirement of an emergency condition, such as an extraordinary fire, flood, or earthquake which threatens life or property; and (h) Employees other than those listed elsewhere in the Personnel Ordinance who are not full -time employees in permanent positions.
Appointments to compensated positions shall be Probationary, Regular, Extra Help, or EmergencyExtra Help, Provisional/Acting, Probationary, Regular, or Emergency. The City Manager shall make all appointments after consultation with the respective Department
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Director. If a qualified applicant can not cannot be found for a particular position, the City Manager may create a similar position of lower class, and fill that position in accordance with these rules.
The City Manager may fill vacancies during suspensions or pending proceeding s on separations and demotions.
4.5.2 Extra Help Appointments
In the absence of appropriate eligible lists, the City Manager may appoint an applicant meeting minimum training and experience requirements of the position to work on a full or part- time schedule for a limited duration. These a ppointments shall be made in accordance with California law.
Upon satisfactory performance and at the discretion of the City Manager, an extra help employee may be appointed to an allocatged full time position after satisfactory full -time service of not less than six months.
Part-time and seasonal employees shall be also designated as extra help employees.
The appointment of a person who possesses the minimum qualifications established for a particular class for a limited period of time not to exceed eighteen (18) months who has been appointed to a position in that class in the absence of available eligible candidates.
Accruals and flexible benefits will be calculated from an employee’s home position. Where such appointments result in the placement of a non -exempt employee in an exempt position, administrative leave accruals will commence from the date of the appointment; however, the employee will no longer be eligible for overtime.
In the absence of appropriate eligible lists, the City Manager may ap point a retired annuitant applicant meeting minimum training and experience requirements of the position to work on a full or part - time schedule for a limited duration or during the event of an emergency to prevent stoppage of public business. These appointments shall be made in accordance with California law , including any maximum hours limitations set forth by CalPERS rules and procedures.
Retired annuitants serving a limited term Extra Help Appointment in a vacant position (defined as a position that is vacant during recruitment for a permanent appointment, and not a position that is currently available due to another employee’s leave of absence) shall not exceed 960 working hours in a fiscal year.
4.5.3 Provisional/Acting Appointments
Upon the reco mmendation of the Department DirectorHead and Human Resources ManagerHuman Relations Director, the City Manager may approve provisional or acting appointments of probationary or permanent City employees to higher level positions pending regular appointment in accordance with these rules. Provisional/acting appointments shall be reviewed in six (6) month intervals, up to a maximum of eighteen (18) months. Time served on provisional/acting appointment may be credited to a probationary period when applicable, upon recommendation of the Department Director Head and approval by the City Manager.
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4.5.4 Probationary Appointments
Probationary appointments are for the purpose of providing a work performance evaluation period prior to filling positions on a regular appointment basis. The City Manager shall make probationary appointments upon recommendation of the Department Director from the top applicants certified on the appropriate eligible lists. The appointee shall be subject to the following conditions and limitations:
a. The probationary period shall be twelve (12) months, except the probationary period for police personnel represented by T.A.P.O. shall be 18 months unless otherwise specified in an applicable MOU or other agreement between the City and an Exclusively Recognized Employee Organization.
b. Employees may be dismissed during the probationary period at any time without right of appeal and with or without notice.
c. The City Manager, with the recommendation of a Department Director, may extend the probationary period as he or she deems necessary to evaluate the employee’s performance.
c.d. If a probationary employee takes an unpaid leave of absence during the probationary period, his/her probationary period shall be extended by the amount of the unpaid leave of absence.
PROMOTION: An employee promoted to a different position will serve a new one year probationary period. An employee released during the probationary period from a position to which he has been promoted shall be reinstated to the position from whic h he was promoted, if a vacancy exists. An employee would be instated unless the reason for which he/she was released, in the opinion of the City Manager, renders such employee ineligible for the former position if a vacancy exists unless the reason for which the employee was released, in the opinion of the City Manager, renders such employee ineligible for the former position.
During a promotional probationary period, employees will be considered to be a regular employee, will accrue seniority, and sha ll be protected in disciplinary procedures as a regular employee.
Leaves of absence without pay shall extend a promotional probationary period by the same amount of time as the leave.
RECLASSIFICATION: An employee whose position has been reclassified ma y be required to serve a new probationary period. The department Department director Director will make a discretionary decision as to whether an employee, who has been reclassified from one job classification to another job classification, will serve a n ew probationary period or not. In the event an employee is a long term employee in good standing, and has served in an out of class assignment that is subsequently reclassified, the director may or may not choose to require the employee serve a new twelv e (12) month probationary period.
DEMOTION: An employee who is demoted to a position to which they had not previously attained regular status will serve a new probationary period.
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TRANSFER: An employee transferred to the same or comparable position in another department may be required to serve a new probationary period.
The probationary period of an employee may be extended by the City Manager, upon recommendation of the Department Director, for not more than six (6) months.
4.5.5 Regular Appointment
Regular Appointments are for the purpose of providing a regular complement of full -time employees in the municipal service to discharge the duties and responsibilities assigned to the work force of the City. Regular appointments shall be made by the Cit y Manager upon receiving a certification from the employee’s Department Director that the employee has successfully completed the established probationary or training period period for their classification.
4.5.6 Trainee Appointments
Regular full -time po sitions may be filled by trainee appointment from amongst those persons who possess, or will gain the City anticipates can gain during the period of their trainee appointment, the minimum qualifications for regular appointment. A trainee who fails to so q ualify will be terminated upon or before the expiration of the appointment.
Duration of trainee appointments may be for up to a maximum of two (2) years, with the approval of the City Manager. Trainees will be compensated at least ten (10) percent less than the first step for the classification for which they are training. Trainee classifications are assigned to the exempt service. Trainees are at-will, and exempt from the competitive service.
Trainees are not eligible to file grievances or appeal disciplinary matters.
4.5.7 Emergency Appointment
In case of civil disaster or emergencies involving imminent danger to life or property, or to protect the city's interests, any Department Director may appoint any persons available to alleviate the danger. Emergency appointments shall be terminated as soon as the danger is alleviated.
The Department Had shall notify the City Manager of such action as soon as practicable.
To meet the immediate requirement of an emergency condition which threatens life, public health, safety, welfare or property, the City Manager may employ such persons as may be needed without regard to the Personnel System Rules and Regulations. these Rules.
Emergency appointments shall not be used in lieu of other methods of employment. Time spent under such employment shall not be credited toward a probationary period or be used in computing any privileges accrued while employed by the City. Emergency appointees shall be entitled to wages as determined by the City Manager, but shall not be entitled to any other benefits other than those required by law.
The appointment of retired annuitants shall be in accordance with CalPERS rules and procedures. Retired annuitants may be appointed on an emergency basis provided he or
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she shall not exceed 960 working hours in a fiscal year.
Emergency appointments shall be terminated as soon as the danger is alleviated.
4.6 PERFORMANCE EVALUATION
4.6.1. Annual Evaluation
Each employee shall receive an annual performance appraisal in conjunction wit h their review date that is completed by their Department Director and approved by the City Manager immediate supervisor and approved by the Department Director and Human Resources Manager Human Relations Director prior to placement in the employee’s personnel file. The performance evaluation must accompany all recommendations for step advancement. The performance evaluation will provide employees with job related information about their performance.
If the employee's performance appears to be impaired by continuous illness, the City manager may require him to obtain a medical examination by a designated physician, at City expense. An employee is eligible for a step increase only if he or she has exhibited satisfactory performance during the evaluation period.
Chapter 5: Attendance and Time Off
5.1 HOURS OF WORK CITY BUSINESS HOURS
All offices of the City, except those for which special regulations are required, shall be open for business on all days of the year except Saturdays, Sundays, and Holiday s continuously from 8:00 a.m. until 5:00 p.m.
Departments for which necessity requires a different schedule from that generally applied, shall work according to regulations prepared by the respective Department Director and approved by the City Manager.
5.2 OVERTIME
Upon prior authorization of the Department Director or due to unusual emergencies, overtime or compensatory time off may be approved in units of not less than one - quarterhalf hour, as determined by the Department Director, at the compensation rate of time and one half per overtime hour worked times an employee’s regular rate of pay.
Whenever possible, compensatory time shall be accrued instead of overtime for payment.
Employees accruing compensatory time off will be encouraged to take time off in the same week the extra work was performed.
Over-time provisions shall be in compliance with the Fair Labor Standards Act.
This section does not apply to management employees exempt management employees under the Fair Labor Standards Act.
5.3 ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding hours
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of work, holidays, and leaves assigned workplace on time and ready to begin their duties each day they are scheduled to work . (Each Department Director sh all enforce attendance requirements and shall keep attendance records of employees under his or her supervision, which records shall be reported to the City Manager or designee in the form and on the dates he or she shall specify.) An employee who will be absent from service must inform their supervisor as soon as the employee knows or reasonably should know the employee will be absent, but no later than (one) 1 hour before the shift starts. A late notificiation without sufficient excuse will be considered a violation of this policy. It is the preferred practice to use City phones or City email addresses to communicate absences or tardies, as the City has the ability to track and audit those communications.
Use of other communication avenues should only hap pen when City other methods of communication are unavailable. An employee who engaged in an unauthorized absence shall be subject to disciplinary action and/or termination in accordance with applicable disciplinary procedures.Any absence from work taken upon the initiative of any employee and without prior authorization as provided for in these rules shall be the basis for immediate dismissal by the City Manager if such absence is found to be unwarranted or regarded as detrimental to the municipal service City.
5.4 VACATIONS
Only probationary Probationary and regular employees shall be entitled to accrue paid vacation leave. Temporary, part -time and seasonal employees shall not be entitled to paid vacation leave.
Vacation accrual amounts will be determin ed by applicable MOU’s, Benefit Plans and Policies, or employment agreements.
An employee generally shall be required to have served the equivalent of one (1) year of continuous service in the City in order to be eligible for his the employee’s full annual vacation leave. After six (6) months of continuous service he an employee may be permitted by his the employee’s Department Director to take vacation leave not to exceed the amount of vacation leave earned to that time.
The times during a calendar year at which an employee may take his vacation shall be determined by the Department Director with due regard for the wishes of the employee and particular regard for the needs of the service City. . An employee shall be required to take at least one (1) calendar work week of earned vacation leave per year. An employee may, with Department Director approval, take 15 consecutive work days off of accrued vacation. Additional leave beyond this may be taken with the approval of the City Manager.
Holidays falling within an annual vacation leave shall not be charged as vacation leave.
Probationary and regular employees who terminate employment shall be paid in a lump sum for al l accrued vacation leave earned , which is computed on the employee’s base hourly rate of pay at the time of termination.
5.5 HOLIDAYS
All municipal employees except Police and Fire employees will observe the following legal
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holidays: Unless stated otherwise in a Memorandum of Understanding, a Schedule of Benefits, or an applicable employment agreement, all City employees, except Police and Fire employees, will observe the following legal holidays:
New Year’s Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
President’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day 2nd Monday in October
Veterans Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Day December 25
Observance of Other other holidays may only be granted by City Council only.
When a holiday falls on a Sunday, the following Monday shall be observed.
When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.
Paid holidays shall be granted only to all regular and probationary employees. Police and Fire employees and other special situation employees shall be given compensatory time off as authorized by the Department Director concerned or as covered in their memorandaums of understanding.
Temporary, part-time and seasonal employees shall not be entitled to paid holidays.
Full-time non-exempt employees must be on paidpay status the entire day before the holiday and the entire first scheduled work day after the holiday to be eligible to receive Holiday Pay. Non-exempt employees who have been suspended for disciplinary reasons for a period that includes or immediately precedes or follows a holiday are not eligible for Holiday Pay for that holiday. Non-exempt employees who have an unauthorized absence immediately preceding or following a holiday are not eligible for Holiday Pay for that holiday.
Full-time exempt employees are eligible for Holiday Pay if they are on paidy status during the week in which the holiday occurs.
Under no circumstances will employees be entitled to more than two (2) times their straight time rate on any holiday.
5.6 SICK LEAVE
Unless otherwise provided in an applicable MOU, negotiated negotisted Benefit Plan or employment agreement, employees will be allowed to accrue and use sick leave as follows:
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5.6.1 Employees Eligible for Sick Leave
Under the Healthy Workplaces, Healthy Families Act of 2014, all employees, including temporary and seasonal employees, are eligible to accrue paid sick leave once they have worked for the City for thirty (30) or more days within one (1) year of the commencement of their employment.
5.6.2 Sick Leave Accrual
Sick leave with pay shall be earned by full-time probationary and regular employees from the date of current service with the City at the rate of one (1) work day for each calendar month service. Sick leave use shall be considered as a privilege which an employee may use with discretion, and shall be allowed only in the case of necessity and actual sickness or disability of the employee or because of Illness in his immediate family Sick leave with pay shall start accruing from the date of hire at the rate of eight (8) hours for each calendar month of service, unless otherwise stated in a relevant Memorandum of Understanding or employment agreement.
Sick leave shall be accumulated at the rate of 12 days a year. Fire Department sick leave use shall be based on one 24-hour shift being equal to two sick days leave.
A maximum of six (6) days of annual sick leave may be used for illness of the employee's immediate family. (According to California law, employees are entitled to use up to one - half (1/2) of their sick leave earned annually for illness of their immediate family.) If an employee is absent because o f illness, he must notify his Department Director or his immediate supervisor at least one (1) hour prior to the time set for beginning his daily duties. If an employee is ill for more than three (3) working days (two (2) working shifts in the case of Fire Department employees) for any one illness, he is required to furnish a doctor's certificate to the Personnel Officer. Employees demonstrating an above average use of sick leave or, patterned sick leave use, may be required to provide a doctors certificate.
In December of each year, each employee having at least 4 four (4) years continuous employment with the City shall be paid for 50 fifty (50) percent of their sick leave earned during the previous 12 twelve (12) month period, less the amount of sick le ave taken during the previous 12 twelve (12) month period. The remaining 50 fifty (50) percent of unused sick leave shall be added to the employee’s current accumulated total of unused sick leave. If an employee retires or dies while in city City service, he or histhe employee’s beneficiary shall be paid for 25 twenty-five (25) percent of his or herthe employee’s unused sick leave. Employees terminated for cause shall not be eligible for any sick leave paymentspay outs.
5.6.3 Use of Sick Leave
Sick leave is intended to provide income protection in the event of illness or injury, and may not be used for any other absence unless specifically approved by the employee’s Department Director, or as provided by another City policy.
If an employee is absent because of illness, the employee must notify his or her their
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Department Director or immediate supervisor as soon as possible, but at least one (1) hour prior to the time set for beginning his or hertheir daily duties, unless the employee is unable to do so . l. If the use of sick leave is foreseeable, the employee must provide reasonable advance notification of the need to use sick leave. Requests may be made verbally or in writing.
An eligible employee may use his or hertheir accrued and available annual sick leave for:
• The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee;
• The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s family member; and
• Purposes covered by the City’s Crime Victim Time Off and Accommodation, Bereavement Leave, and Reproductive Loss Leave policies; and • Other reasons as permitted by applicable law.
“Family Member” is defined as child (regardless of age or dependency status ), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, designated person, and parent of the employee’s spouse or registered domestic partner. For purposes of this section, “parent” and “child” include biological, foster, adopted, step, or legal guardian relationships. A “child” also includes a child of a domestic partner. For purposes of this policy, a “designated person” means a person identified by the employee at the time the employee requests paid sick leave, however, an emplo yee shall be limited to one designated person per 12-month period for paid sick leave.
Accumulated sick leave hours are to be used for absences due to illness. Other leave time on the books Other types of accrued leave may only be used for absences due to illness when all sick leave is exhausted and approval is granted by the Department Director.
5.6.4 Medical Certification
If an employee is ill for more than three (3) consectutive working days (two (2) consecutive working shifts in the case of Fire Departmentpersonnel employees assigned to a 48/96 schedule) for any one illness, the employee is required to furnish a doctor’s certificate to the Human Resources ManagerHuman Relations Director. Employees demonstrating an above average use of sick leave or patterned sick leave use, may be required to provide a doctor’s certificate.
5.7 LEAVES OF ABSENCE
5.7.1 In General
It is the City’s policy to grant leaves of absence under certain circumstances to all eligible employees on a nondiscriminatory basis. Except as otherwise indicated, all leaves of absence are available on an unpaid basis.
The City will grant leaves of absence as required by law and may grant leaves of absence to employees in certain other circumstances. It is important to request any leave in writing as far in advance as possible, to keep in touch with your supervisor and/or Human
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ResourcesHuman Relations during your leave, and to give prompt notice if there is any change in your return date. Some types of leave have specific request/no tification and certification requirements and it is your responsibility to comply with any such requirements. If your leave expires and you have not contacted your supervisor or Human ResourcesHuman Relations, it willmay be assumed that you do not plan to return and you have terminated your employment. If you are unwilling or unable to return to work with or without reasonable accommodation at the conclusion of any leave, your employment may be terminated.
The Ppersonnel System Rrules and Regulations contain only a summary of the leaves that may be available. Some types of leave have detailed requirements regarding eligibility, duration, benefits, etc. Leaves of absence are generally unpaid, but you may be eligible to utilize accrued sick leave or PTOvacation, as set forth in the summary of the various leaves below. You should contact Human ResourcesHuman Relations prior to taking any leave for information about leave requirements and make sure you understand the requirements and ramifications of any leave.
It is understood that you will not obtain other employment (other than military duty pay) or apply for unemployment insurance while you are on a leave of absence. Acceptance of other employment (non-military) while on leave will be treated as a voluntar y resignation from employment with the City.
The City may hold in abeyance or proceed with any counseling, performance review, or disciplinary action, including discharge, that was contemplated prior to any employee's request for or receipt of a leave of absence or that has come to the City’s attention during the leave. If any action is held in abeyance during the leave of absence, the City reserves the right to proceed with the action upon the employee's return. Requesting or receiving a leave of absence in no way relieves employees of their obligation while on the job to perform their job responsibilities capably and up to the City’s expectations and to observe all policies, rules, and procedures.
Subject to any applicable legal restrictions, requests for leaves of absence will be considered on the basis of the employee’s length of service, performance, level of responsibility, the reason for the request, and the City’s ability to obtain a satisfactory replacement during the time the employee is away from work.
5.8 RETURNING FROM A LEAVE OF ABSENCE/ABANDONMENT OF EMPLOYMENT Unless otherwise required by law or City policy, when an employee is granted a leave of absence, an effort will be made to hold the employee’s position open for the period of the approved leave. Due to business needs, however, there will be times when the position cannot be held open if the leave results in an undue hardship on the City . Under such conditions, it will not be possible to guarantee reinstatement. If an employee’s former position is unavailable when the employee is ready to return from an approved leave, the City will make every effort to place the employee in a comparable position for which the employee is qualified. If such a position is not available, the employee will b e offered the next suitable position for which the employee is qualified, if such a position exists. An employee who does not accept a position offered by the City will be considered to have voluntarily terminated employment, effective the day such refusal is made. This provision does not apply to any protected leave.
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5.8.1 Failure to Return Promptly
An employee who accepts other employment, without prior approval, during a leave of absence, or who fails to return on the next regularly scheduled workday f ollowing the expiration of an approved leave, willmay be considered to have abandoned their employment and may be terminated.
5.8.2 Benefits During Leave
Unless otherwise required by law, as with pregnancy disability, FMLA, CFRA, and military leaves for example, no City-sponsored benefits are earned or accrued during an unpaid leave of absence. When an employee returns from a leave of absence of greater than thirty (30) days, seniority, as well as eligibility and accrual dates for benefits, will be adjusted forward to account for the period of leave (except for military leave pursuant to USERRA).
5.9 FMLA/CFRA/PREGNANCY DISABILITY LEAVE
5.9.1 MEDICAL OR FAMILY CARE LEAVE OF ABSENCE (FMLA/CFRA)
Under the federal Family Medical Leave Act (“FMLA”), an unpaid leave of absence may be granted to employees who: (1) have worked for the City for at least 12 months (need not be consecutive), (2) have worked a minimum of 1,250 hours in the 12 months preceding the leave, and (3) who are employed at a work site where 50 or more employees are employed by the City within a 75-mile radius of that work site. Under the California Family Rights Act (“CFRA”), an unpaid leave of absence may be provided to employees who satisfy (1) and (2) above, and who are employed by an employer with five (5) or more employees. All leaves under this policy are referred to as a “Medical or Family Care LOA.” Unless stated otherwise, the maximum allowable time for any Medical or Family Care LOA under this policy is 12 weeks per a rolling 12 month period. When permitted by applicable law, a Medical or Family Care LOA may count against an employee’s entitlement under both FMLA and CFRA concurrently.
A Medical or Family Care LOA may be taken for the following reasons:
• For the employee’s own serious health condition (excluding pregnancy, childbirth, or related medical conditions) that makes the employee unable to work at all or unable to perform any one (1) or more of the essential functions of the position of that employee (both FMLA and CFRA);
• For the employee’s own serious health condition relating to pregnancy, childbirth, or related medical conditions (FMLA only);
• Baby bonding with a newborn of the employee or child newly placed with the employee by adoption or foster care placement (both FMLA and CFRA);
• To care for the employee’s spouse, child, or parent with a serious health condition (both FMLA and CFRA);
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• To care for the employee’s domestic partner, grandparent, grandchild, parent-in-law, sibling, or designated person, with a serious health condition. For purposes of this policy, a “designated person” means any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave, however, the employee shall be limited to one designated person per 12-month period for purposes of CFRA leave. (CFRA only); or
• Due to qualifying for Military Caregiver Leave or Military Qualifying Exigency Leave (as defined and described below).
5.9.2 Employee Notice
Employees must provide sufficient information for the City to determine if the leave may qualify as a Medical or Family Care LOA, as well as the expected timing and duration of the leave.
Sufficient information may include for example that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances that support the need for Military Caregiver Leave or Military Qualifying Exigency Leave as indicated below. Employees also must inform the City if the requested leave is for a reason for which Medical or Family Care LOA was previously taken or certified. When possible, the City requests 30 days’ notice of the need for leave in order to plan for work coverage. If 30 days’ notice is not possible, then employees must provide as much notice as practicable under the circumstances and must follow the City’s call-in and/or attendance policies.
5.9.3 City Notice
Once an employee provides sufficient information, the City will notify the employee (a) whether the employee is eligible for Medical or Family Care LOA and, if so, (b) whether any additional information is required, and (c) the employee’s rights and responsibilities regarding such a leave. The City will also notify an eligible employee who has requested Medical or Family Care LOA if the requested leave will be designated as FMLA/CFRA protected leave and counted against the employee’s leave entitlement.
If the City determines an employee is not eligible for Medical or Family Care LOA, the City will provide at least one (1) reason for ineligibility. The City will also inform the employee if it determines that the requested leave does not qualify for FMLA/CFRA protection.
Employees not eligible for a Medical or Family Care LOA may be eligible for an unpaid leave of absence due to their own disability or medical condition, which will be assessed by the City on a case-by-case basis consistent with applicable law.
5.9.4 Serious Health Condition
To qualify for a Medical or Family Care LOA for their own serious health condition or to care for a covered family member/designated person with a serious health condition, the employee or their covered family member/designated person must have a serious health condition. A serious health condition is an illness, injury (including, but not limited to, on-the-job injuries), impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents
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the employee from performing the functions of the employee’s job, or prevents the covered family member/designated person from participating in school or other daily activities. The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.”
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment, or incapacity due to pregnancy (under FMLA only), or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
5.9.5 Certification of Need for Medical or Family Care LOA
The City may require an attending health care provider’s certification of the employee or covered family member’s/designated person’s serious health condition. The City may also require recertification supporting the need for leave upon expiration of the prior certification. In any case in which the City has reason to doubt the validity of any medical certification provided to support an employee’s request to take Medical or Family Care LOA because of the employee’s own serious health condition, the City may require the opinion of a second and third health care provider consistent with state and federal law.
5.9.6 Military Qualifying Exigency Leave
Eligible employees under FMLA and CFRA may be provided up to 12 weeks of leave in a rolling 12 month period when the employee has a qualifying exigency arising out of the fact that a spouse, child, or parent (both FMLA and CFRA), or domestic partner or parent-in-law (CFRA only), is on covered active duty or call to active duty status in the National Guard or Reserves or Armed Forces. “Qualifying exigency” is defined by law as: (1) short-notice deployment, (2) military events and related activities, (3) childcare and school activities, (4) financial and legal arrangements, (5) counseling, (6) rest and recuperation, (7) post-deployment activities, (8) parental care, and (9) additional activities where the City and employee agree to the leave.
Time off for Military Qualifying Exigency Leave counts towards the 12-week maximum allowable time for Medical or Family Care LOA under FMLA and/or CFRA, as applicable.
5.9.7 Military Caregiver Leave
Pursuant to the FMLA only (not CFRA), eligible employees may be provided up to 26 weeks (one-half year) of leave during a single 12-month period to care for a covered servicemember.
A covered servicemember is the employee’s spouse, son, daughter, parent, or next of kin (meaning “nearest blood relative” or person “specially designated”) who is a current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retirement list, for a serious injury or illness, and includes veterans who were members of the Armed Forces, National Guard or Reserves, any time during the past five (5) years, who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, and was discharged or released under conditions other than dishonorable. An employee may take a maximum combined total of 26 weeks of leave for Military Caregiver Leave and other FMLA-qualifying leave in a single 12-month period.
5.9.8 During Medical or Family Care LOA
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When receiving City-provided disability or workers’ compensation payments during a Medical or Family Care LOA, employees may choose to apply any accrued, unused paid sick leave or other accrued leaves to supplement their City-provided disability or workers’ compensation payments, up to 100% of their normal wages. When employees are not receiving City-provided disability or workers’ compensation payments, they are required to use accrued, unused leaves and paid sick leave as follows: if an employee is on a Medical or Family Care LOA due to their own serious health condition (excluding pregnancy, childbirth, and related medical conditions), they are required to use any accrued leave or paid sick leave; if an employee is on a Medical or Family Care LOA due to pregnancy, childbirth, or related medical conditions, they are required to use any accrued paid sick leave and then may choose to use any accrued leave; and if an employee is on a Medical or Family Care LOA for baby bonding purposes or due to the serious health condition of a covered family member or designated person, they are required to use any accrued leave and then may choose to use any accrued paid sick leave.
During a Medical or Family Care LOA, the City shall maintain and pay for the employee’s group health coverage (medical, dental and vision) at the same level and under the same conditions as coverage would have been provided if the employee had not taken the leave. Therefore, the City will continue to pay all applicable group health insurance premiums which it ordinarily pays on behalf of the employee. Employees must continue to pay their usual share of the insurance premium during the leave of absence. If the employee uses accrued paid time off during the Medical or Family Care LOA, the City will make a payroll deduction to obtain the employee’s share of the insurance premium. If the employee is not using any accrued paid time off, then the employee must make payments to cover their share of the insurance premium by personal check.
The City’s obligation to maintain health benefits coverage ceases if an employee’s premium payment is more than 30 days late. Prior to dropping coverage, the City will provide written notice to the employee at least 15 days before coverage is to cease, advising that coverage will be dropped on a specified date at least 15 days after the date of the written notice, unless payment has been received by that date. If the employee fails to return from this leave, in some circumstances, the City may attempt to recoup the cost of the insurance premiums paid on behalf of the employee during the leave.
Employees will not continue to be covered under the City’s non-health benefit plans which are not provided pursuant to the City’s group health plans such as life insurance and long term disability. Employees may make the appropriate contributions for continued coverage under the non-health insurance benefits as noted above by payroll deductions or direct payments made to these plans.
Employees need not use their Medical or Family Care LOA entitlement in one (1) block. Such a leave may be taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the City’s operations. In addition, the basic minimum duration of intermittent bonding leave is two (2) weeks, however, the City will grant a request for such leave of less than two (2) weeks’ duration on two (2) occasions. Bonding leave must conclude within 12 months of the child’s birth or adoption or foster care placement with the employee.
5.9.9 Returning to Work from Medical or Family Care LOA
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Employees returning to work upon conclusion of the Medical or Family Care LOA will be returned to their original position or to an equivalent position with equivalent pay and benefits, provided such job would have been available had the employee not taken the leave. Prior to returning to work, where the leave of absence is for the employee’s own serious health condition, the employee must provide the City with certification from the attending health care provider indicating the employee is able to resume the employee’s work.
Failure to return to work from a Medical or Family Care LOA on the designated date may be interpreted as the employee’s voluntary resignation. If the employee returns to work outside of the legally allotted time for such a leave without a valid excuse, the employee will only be reinstated if there is an available open position which they are qualified to fill.
5.9.10 FMLA/CFRA Protections
Use of any of the leaves permitted by the FMLA and the CFRA cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
It is unlawful for employers to interfere with, restrain, or deny the exercise of any right provided under the FMLA or the CFRA or to discharge or discriminate against any person for opposing any practice made unlawful by either law or for involvement in any proceeding under or relating to the FMLA or the CFRA. The FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides for greater family or medical leave rights.
If employees believe that they have been aggrieved, they may file a complaint with the U.S.
Department of Labor or may bring a private lawsuit against an employer.
5.9.11 PREGNANCY DISABILITY LEAVE OF ABSENCE AND ACCOMMODATION
Employees disabled due to pregnancy, childbirth, or related medical conditions are eligible for a maximum of four (4) months of Pregnancy Disability Leave (“PDL”) per pregnancy, upon medical certification of the health care provider that the employee is unable to perform one or more essential job functions or to perform such functions without undue risk to the employee, the pregnancy’s successful completion, or to other persons. “Four (4) months” of PDL means time off for the number of days or hours the employee would normally work within four (4) calendar months (one-third of a year or 17 1/3 weeks). Such leave may be taken on a continuous, intermittent, or reduced schedule basis, if certified by the employee’s health care provider.
Employees may also request and be eligible for reasonable accommodations if they are affected by a physical or mental condition arising out of pregnancy, childbirth, or related medical conditions, regardless of whether the employee is considered “disabled” and unless such accommodations would impose an undue hardship on the City’s business operations. Upon receipt of an employee’s request for such accommodations, the City will initiate a timely and good faith interactive process to identify possible reasonable accommodations that will enable the employee to perform essential job functions. However, employees will be eligible for reasonable accommodations under this policy even if they are temporarily unable to perform essential job functions, provided that they will be able to do so in the near future and their inability to perform essential job functions can be reasonably accommodated by the City.
To the extent permitted by applicable law, the City will require employees requesting such
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accommodations to provide reasonable certification from the employee’s health care provider indicating that such accommodations are medically advisable and their expected duration.
Reasonable accommodations may include, but are not limited to, additional breaks, assistance with manual labor, modified seating, a reduced schedule, intermittent leave, or continuous leave. Leave provided as a reasonable accommodation under this policy may run concurrently with, or extend the duration of, an employee’s PDL leave.
If an employee’s health care provider certifies that the employee has a medical need to take intermittent leave or leave on a reduced work schedule, the employee may be required to transfer temporarily to an available alternative position for which the employee is qualified, which has an equivalent rate of pay and benefits and can better accommodate the employee’s leave requirements. Additionally, an employee may transfer to a less strenuous or hazardous position or duties, if the employee’s health care provider certifies that the transfer is medically advisable and if such a transfer can be reasonably accommodated by the City.
All requests for pregnancy-related leaves of absence, accommodations, or transfers should be made to Human Resources at least 30 days in advance or, if that is not possible under the circumstances, as soon as practicable.
The City requires the employee to utilize available paid sick leave during the otherwise unpaid portion of a PDL leave (i.e., the portion of the leave in which the employee is not receiving payments from the State Disability Insurance program or private short-term or long-term disability programs). An employee who is receiving such payments may elect to apply available paid sick leave, up to a combined total of 100% of their normal wages. The employee may opt to take all other accrued leave during a PDL.
Employees on leaves provided as a reasonable accommodation may use any accrued paid sick leave or other accrued leave. Such paid sick leave or accrued leave will be integrated with any State Disability Insurance benefits received by the employee, so that the employee receives no more than 100% of their usual compensation.
Leaves due to pregnancy, childbirth, and related medical conditions may run concurrently with time off under the FMLA (if the employee is otherwise eligible for FMLA), but not with time off under the CFRA.
The City will continue to pay all applicable group insurance premiums (medical, dental and vision) which it ordinarily pays on behalf of the employee during a PDL. The employee must continue to pay the employee portion of the insurance premium during the PDL. Failure by the employee to make this premium payment may result in a loss of benefits. Once the employee has exhausted any available PDL and FMLA, if additional medical leave is granted as a reasonable accommodation under this policy, the employee may be offered COBRA and be responsible for the premium payments, consistent with the terms and conditions of the City’s health plan(s).
Employees will not continue to be covered under the City’s non-health benefit plans which are not provided pursuant to the City’s group health plans such as life insurance and long term disability. Employees may make the appropriate contributions for continued coverage under the non-health insurance benefits as noted above by payroll deductions or direct payments made to these plans.
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At the conclusion of the pregnancy-related leave of absence, a medical certification from the health care provider stating the employee is released to return to work will be required. With limited exceptions, following a pregnancy-related disability leave an employee will be returned to the same position held when the leave began, consistent with applicable law. Employees failing to return on their scheduled return date may be considered to have voluntarily resigned.
Employees who remain disabled or affected by pregnancy, childbirth, or related medical conditions following their exhaustion of a PDL should notify Human Resources to discuss possible reasonable accommodations.
5.9.12 CALIFORNIA PARENTAL LEAVE CHEAT SHEET
For a Pregnant California Employee:
• A pregnant California employe e can receive up to 17.33 weeks of pregnancy disability leave (PDL) upon providing Human Resources with appropriate certification from the employee’s health care provider. The PDL leave will run concurrently with up to 12 weeks of unpaid FMLA leave (assuming the employee is otherwise eligible for FMLA). • Once the pregnant employee is done with their pregnancy -related and childbirth-related disability period, they can take up to 12 weeks of unpaid CFRA baby bonding leave (assuming they are otherwise eligible for CFRA leave). Any FMLA leave not exhausted during the PDL period will run concurrently with the CFRA baby bonding leave.
Here is an illustration of the FMLA, CFRA, and PDL leave interactions during a California “maternity” leave*:
[________________________]
Up to 12 weeks of FMLA
[________________________________________] [________________________________] Up to 17.33 weeks of PDL Up to 12 weeks of CFRA baby bonding *Note that if the employee’s pregnancy -related or childbirth -related disa bility period extends beyond the 17.33 weeks of PDL, the City will engage in the interactive process to determine if additional leave as a reasonable accommodation is appropriate under the Pregnant Workers Fairness Act (PWFA) or ADA/FEHA. The employee will not commence their CFRA baby bonding leave until their disability leave (whether provided under PDL, PWFA, and/or ADA/FEHA) is complete.
Here is an illustration of what a typical California “maternity” leave may look like (though the length of the disabil ity period depends on the employee’s health care provider’s certification and the employee’s specific health situation):
[_____________________________] [______________________] 6-8 weeks of FMLA (disability) Remaining 4-6 weeks of FMLA (baby bonding) [_____________________________] [_____________________________________] 6-8 weeks of PDL (disability) 12 weeks of CFRA baby bonding
For an Adoptive / Foster Parent or Parent of Newborn (Partner / Non-Pregnant Employee):
• FMLA and CFRA entail baby bonding leave rights. These two leaves will run concurrently (assuming the employee is eligible for both) for up to 12 weeks of unpaid leave.
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• FMLA and CFRA also provide the non-pregnant employee time off to care for the serious health condition (pregnancy) of the employee’s spouse, designated person (CFRA only), or registered domestic partner (CFRA only) for up to 12 weeks of unpaid leave. [_______________________________]
12 weeks of FMLA (baby bonding/care of serious health condition) [_______________________________]
12 weeks of CFRA (baby bonding/care of serious health condition)
5.9.1 Purpose of Leaves
The purpose of this policy is to provide a uniform way to access information for those employees who wish to take l eave under the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and/or the Pregnancy Disability Leave (PDL). Under FMLA and CFRA, employees who have worked for at least twelve (12) months and for 1,250 hours during that 12 month period may request family care and medical leave of up to twelve (12) workweeks during a twelve (12) month period. There is no minimum length of service requirement for PDL. Under PDL, employees may request leave for a reasonable period of time, not to exceed four (4) months , based on hours worked per week and duration of disability.
Leave may be requested for the following reasons:
Bonding time with newborn, including adoption and foster care Care of child, parent or spouse with serious health condition, including psychological comforta qualifying family member with a serious health condition The employee’s own sSerious health condition that makes the employee unable to perform one or more of the essential functions of his/her position
To address Serious health condition that resulted from domestic violence, sexual assault, or stalking and their effect
Incapacity due to pregnancy, prenatal care, or for a mother’s own serious health condition following the birth of the child (CFR 825.120.4)
Military-related leaves including qualifying exigency leave and military caregiver leave CFR 825.200
Bonding time with newborn, including adoption and foster care Care of child, parent, spouse, grandparent, grandchild, sibling, domestic partner, domestic partner's child, or a “designated person” or spouse with serious health condition, including psychological comfort
Serious health condition means an illness, injury, impairment, or physical or mental condition that involves either of the following:(A) Inpatient care in a hospital, hospice, or residential health care facility. (B) Continuing treatment or continuing supervision by a health care provider, including but
CFRA FMLA
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not limited to treatment for substance abusethat makes the employee unable to perform functions of his/her position
CCR Title 2, Section 110927297
To allow a female employee disabled by pregnancy, childbirth, or related medical conditions to take a leave for a reasonable period of time not to exceed four months, based on the number of hours worked.
Gov Code 12945
5.9.2 Definitions
“12-Month Period” – A "rolling" 12-month period measured backward from the date an employee uses any FMLA/CFRA leave.
“Spouse” – As defined or recognized under California state law for purposes of marriage.
“Child” – Son or daughter. For purposes of leave taken for birth or adoption, or to care for a family member with a serious health condition, son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee a child of a person standsing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self -care because of a mental or physical disability" at the time that leave is to commence.
Parent – a “parent” means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents-in-law.
“Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.
“Disability for purposes of PDL” - An employee is considered disabled under PDL if she is unable to perform one or more essential functions of her job due to her pregnancy or pregnancy-related health condition.
“Serious Health Condition” – Illness, injury, impairment or physical or mental condition which involves inpatient care or continuing treatment by a health care provider.
“Continuing treatment” -
Any period of incapacity due to pregnancy or prenatal care Incapacity of more than 3 consecutive, full calendar days and 2 or more treatments (1st within 7 days and 2nd within 30 days of incapacity)
At least 1 treatment within 7 days of the first day of incapacity and continuing treatment
Chronic conditions
Periodic visits (at least twice a year) for treatment by a healthcare provider
PDL
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Continues over an extended period of time; and
May cause episodic period of incapacity
Conditions requiring multiple treatments
“Intermittent Leave” - Leave taken in separate blocks of time due to a single qualifying reason
“Reduced Leave Schedule” - A leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee's schedule for a period of time, normally from full-time to part-time.
Note: Under CFRA, a disability due to pregnancy, birth, or related medical condition is not a “serious health condition”. Also , under CFRA, leave may be taken for “treatment” for substance abuse. It is not necessary that the employee be admitted to a hospital or clinic in order to qualify, thus, an employee attending outpatient treatment sessions would qualify for protected leave.
5.9.3 Amount of Leave
Except in the case of leave to care for a covered service member with a serious injury or illness, an eligible employee's FMLA leave entitlement is limited to a total of 12 (twelve) workweeks of leave during any 12- month period, as previously defined. An employee’s entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.
CFR 825.200(a)
A covered employer is required to grant an eligible employee a maximum leave of 12 workweeks in a 12- month period.
“12 workweeks” means the equivalent of 12 of the employee’s normally scheduled workweeks. For eligible employees who work more or less than five days per week, or pursuant to an alternative work schedule, the number of working days that constitute 12 workweeks is calculated on a pro rata or proportional basis.
CCR Title 2, Section 7297.3, Subdivision C
For a reasonable period of time not to exceed four months, based on the number of hours worked.
Gov Code 12945
5.9.4 Intermittent and Reduced Schedule Leave
FMLA, CFRA and PDL leave may be taken on an intermittent or reduced schedule for any qualifying reason, when medically necessary. When leave is taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. The employer's agreement is not required, however, for FMLA or PDL leave during which the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition. If an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, then the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations.
If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment, or if the employer agrees to permit CFRA FMLA PDL
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intermittent or reduced schedule leave for the birth of a child or for placement of a child for adoption or foster care, the employer may require the employee to transfer temporarily, during the period that the intermittent or reduced leave schedule is required, to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position.
5.9.5 Leaves Interaction
Timeline Examples:
All leaves shall run concurrently, where appropriate. An employee is entitled to no more than twelve (12) total weeks of City-paid health benefits during any unpaid leave taken during a twelve (12) month period, as provided for by the FMLA law. Benefits may be extended when an employee is using Pregnancy Disability Leave or California Family Rights Act Leave. An employee is entitled to City-paid health benefits for the duration of pregnancy disability leave (PDL) up to four months providing that the employee is eligible for employer provided medical benefits and is receiving them when she is placed on PDL. If the employee exhausts all PDL and is qualified for California Family Rights Act Leave (CFRA) then the employer is also required to maintain their contribution of medical benefits for the employee throughout the duration of CFRA (12 weeks).
Therefore, an employer could potentially be required to maintain coverage for an employee disabled by pregnancy utilizing PDL for up to 4 months (i.e. 17 1/3 weeks) and an additional 12 weeks while using CFRA.
2 3
4 7
8 9
11 Rolling 12 month Period
CFRA
Birth
1 FMLA
12 10
5 6
No FMLA/ CFRA used in past 12 months,
leaving employee with full 12 weeks
1 2
3 Example 1: A male employee
uses 12 weeks of leave due to
the birth of a child.
4
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If an employee utilizes PDL leave, and if she is eligible for FMLA leave at the time she takes PDL leave, her FMLA leave shall run concurrently with her PDL leave. Once PDL ends (as explained above), if an eligible employee wishes additional leave to care for a newborn, she is entitled, under CFRA, to take up to twelve (12) additional weeks of leave. All leaves shall run concurrently, when appropriate.
5.9.6 When Both Employees Are City Employees
Under the CFRA, if both spouses or both parents are employed by the City, each parent is entitled to up to 12 weeks of leave to bond with the child/due to the birth of the employee’s child.
6 7
8 11
12 9
11 Rolling 12 month Period
(except PDL)
Begin
FMLA
Birth
5 End FMLA
12 10
9 10
No FMLA/ CFRA used in past 12 months,
leaving employee with full 12 weeks
1 2
3 4
CFRA
Begin PDL
2 5
6 7
8 9
10 3
Rolling 12 Month Period
Injury
1 FMLA
3 4
11 12
1 2
5 4
2 5
6 7
8 9
10 3
Rolling 12 Month Period
Sickness of
Employee’s
Child
1 FMLA
3 4
11 12
1 2
5 4
FMLA
Injury
X
Employee will now
have 4 weeks of
FMLA
Example 2: A female
employee is pregnant and
unable to perform one or
more of her essential job
functions due to the
pregnancy. As a result,
beginning in month 5 of
the pregnancy, the
employee utilizes PDL
which runs concurrently
with FMLA. Once the child
is born, the employee
begins to use CFRA for
the maximum 12 weeks, in
order to bond with and
care for the baby.
Example 3: An employee is injured and
incapable of performing one or more
essential functions of his position as a
result of the injury. The employee
utilizes 12 weeks of FMLA leave in order
to recover from the injury.
Example 4: An employee is injured and
incapable of performing one or more
essential functions of his position as a
result of the injury.
9 months prior, the employee took 4
weeks of leave to care for his ill
child.
Therefore, the employee uses his
available 8 weeks of leave to recover
from his injury.
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If both spouses or both parents are employed by the City, leave shall not exceed a combined total for both employees of twelve (12) weeks of leave during a twelve (12) month period, for leave taken:
Under FMLA leave, to care for the employee’s parent with a serious health condition; or
Under FMLA and CFRA leave, for the birth of the employee’s son or daughter or to care for the child after the birth, or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement. Any leave taken must conclude within one year of the birth or placement of the child.
NOTE: If one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA leave. CFRA may provide greater benefits.
5.9.7 Employee Benefits While on Leave
Leave under this policy is unpaid. However, in appropriate circumstances employees may substitute paid accrued leave where appropriate. While on leave, employees will continue to be covered by the City of Turlock’s group health insurance (medical, dental and vision and LTD) at the level and under the same conditions at which that coverage is provided while the employee is on the job. However, employees will not continue to be covered under the City of Turlock’s non-health benefit plans which are not provided pursuant to the City of Turlock’s group health plans such as life insurance and lo ng term disability. Employees may make the appropriate contributions for continued coverage under the non -health insurance benefits as noted above by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City of Turlock shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave, or because of circumstances beyond the employee’s control.
The City of Turlock shall have the right to recover premiums through deduction from any sums due to the employee from the City of Turlock (e.g. unpaid wages, vacation pay, etc.).
If an employee does not participate in the City of Turlock’s group health insurance, but receives contributions from the plan, those contributions for medical, dental, and vision will continue while the employee is on family leave.
5.9.8 Medical Certification
For FMLA and CFRA, the Employer should request medical certification within five (5) business days after notice of the need for FMLA or CFRA leave. In all FMLA cases, including FMLA running concurrently with CFRA, employees must provide medical certification within 15 days.
If leave is for a child, parent or spouse, request must be accepted if properly filled out.
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If leave is for individual, certification must state that the employee is incapable of performing at least one of their essential job functions.
If certification is incomplete or insufficient, employer must advise the employee as to what additional information is needed, in writing.
Employer must provide employee with seven (7) days to cure insufficiency.
If insufficiencies are not cured in the new certification, employer may deny the FMLA leave.
Medical certification is not required when an employee is taking leave for baby bonding.
For PDL, the medical certification should include:
The date on which the employee become disabled due to pregnancy or the date of the medical advisability for the transfer or reasonable accommodation; The probable duration of the period(s) of disability or the period(s) for the advisability of the transfer or reasonable accommodation; and, A statement that, due to the disability, the employee is unable to work at all or to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy or to other persons or a statement that, due to her pregnancy, the transfer or reasonable accommodation is medically advisable.
If the City of Turlock has reason to doubt the validity of a certification for the employee’s own serious health condition, the City of Turlock may require a medical opinion of a second health care provider chosen by the City of Turlock. If the second opinion is different from the first, the City of Turlock may require the opinion of a third provider jointly approved by the City of Turlock and the employee. The opinion of the third provider will be binding. To choose a third provider, the City of Turlock and the employee will each submit a list of three providers. The employee and the City of Turlock must agree on one of these providers. The second and third medical opinions will be at the expense of the City.
If an employee requests leave intermittently (a few days or hou rs at a time) or on a reduced work schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced work schedule. If granted Intermittent leave, the employee must make a reasonable effort to schedule planned medical treatments so as not to disrupt unduly th e employer’s operations.
If additional leave is required upon the expiration of the time the health care provider estimates for the leave, the City may require the employee to obtain recertification in accordance with the initial certification procedure.
5.9.9 Employee Notice of Leave
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Although the City of Turlock recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible for their need for leave. If the leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed.
When an employee gives less than 30 days advance notice, the employee must respond to a request from the employer to explain why it was not practicable to give thirty (30) days’ notice.
5.9.10 Reinstatement Upon Return from Leave
Upon expiration of leave and/or disability, an employee is entitled to be restored to the position of employment held when the leave commenced, or to an equivalent position with equivalent benefits, pay, and all other terms and conditions of employment, unless the assignment to the position has expired as provided in applicable MOU’s, or the position has been eliminated. It is the intent of this policy that the employee’s use of leave shall not adversely impa ct their salary, rank, seniority, pension, or other employee benefits.
On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence.
CFR 825.214
When granting an employee’s request for CFRA leave, the employer shall guarantee that the employee will be reinstated to the same or a comparable position, unless legally excused from doing so. If the employee requests, the guarantee must be provided in writing. Under Califo rnia law, family care and medical leave shall not be deemed to have been granted unless the employer provides the guarantee.
CCR Title 2, Section 7297.3, sSubdivision C
As a condition of restoration of an employee whose leave was due to the employee’s own serious health condition which made the employee unable to perform his/her job, the employee must obtain and present a fitness -for-duty certification (for FMLA) or return-to-work (for CFRA and PDL) from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of restoration, until such verification is provided, or in termination.
When requested by the employer pursuant to a uniformly applied policy for similarly-situated employees, the employee must provide medical certification, at the time the employee seeks reinstatement at the end of FMLA leave taken for the employee's serious health condition, that the employee is fit for duty and able to return to work if the employer has provided the required notice; the employer may delay restoration until the certification is provided. Unless the employee provides either a fitness-for-duty certification or a new medical certification for a serious health condition at the time FMLA leave is concluded, the employee may be terminated.
CFR 825.214
As a condition of the employee’s return from leave, the employer may require that the employee obtain and submit a “return-to-work” release from his/her health care provider. The release must state that the employee is able to resume work.
CCR Title 2, Section 7297.4
CFRA FMLA CFRA FMLA
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Employees still on probation at the time they began leave under PDL, FMLA, or CFRA may have the probationary period extended at the discretion of the Department Director. The Departm ent Director shall consider factors such as the amount of probationary time remaining and performance of the employee prior to leave in making the decision.
5.9.11 Additional Leave Requests
If the employee wishes leave beyond that provided for by PDL, FMLA, and CFRA, the employee shall make a written request to the City Manager, through their Department Director, and provide an explanation of the need for the extended leave. Requests for additional leave will be reviewed on a case-by-case basis and granted at the sole discretion of the City Manager. An employee is entitled to no more than twelve (12) total weeks of City-paid health benefits during any unpaid leave taken during a twelve (12) month period, as provided for by the FMLA law.
Benefits may be extended when an employee is using Pregnancy Disability Leave.
Then an employee is entitled to City-paid health benefits for the duration of pregnancy disability leave (PDL) up to four months.
Required Forms – To be submitted to Human ResourcesHuman Relations. Employees must fill out the following applicable forms in connection with leave under this policy:
“Request for Family or Medical Leave form” prepared by the City of Turlock to be eligible for leave;
Medical Certification – either for the employee’ s own serious health condition or for the serious health condition of a child, parent or spouse (not required for baby bonding);
Authorization for payroll deductions for benefit plan coverage continuation; and
1. Fitness for duty to return from leave form, if appropriate.
5.10 INJURY LEAVE
Any employee incurring an injury or disability in the municipal service shall be entitled to injury leave to the extent provided by the State Worker ’s’ Compensation and Insurance Act. Any employee on injury leave shall receive full salary to the extent that their earned vacation and sick leave time is available to be charged for the difference between the full salary and the compensation insurance payments received by the City. Provided, however that such full salary payments are subject to the following conditions:
a. Worker ’s’ Compensation insurance payments received by the employee, except payments received for permanent total or partial disability, shall be deposited in the City Treasury for the period the employee continued to receive full salary from the City; and, b. Upon the expiration of available earned vacation leave and sick leave, payment of salary by the City shall be discontinued and compensation insurance payments applicable to continued compensation leave shall be and compensation insurance payments applicable to continued compensation leave shall be endorsed to the employee. Once an employee has exhausted their time on the books, continuation of benefits will cease.
Employees may elect to pay the premiums on insurance plans which they wish to continue
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coverage.
SAFETY EMPLOYEES – Safety employees who are injured as a result of performing their jobs, are covered under Section 4850 of the Labor Code as it relates to administration of Worker’s’ Compensation benefits.
5.11 BEREAVEMENT LEAVE
Employees holding regular appointments in all departments shall be granted Bereavement Leavement for the first and second degree of consanguinity on the following basis:
Leave for the first and second degree of consanguinity on the following basis:
1. If the services areis within three hundred (300) miles of the City of Turlock, not to exceed four (4) working days.
four (4) working days.
2. If the service is more than three hundred (300) miles from Turlock, not to exceed six (6) working days.
working days.
The degrees of consanguinity shall be determined as follows:
1st Degree 2nd Degree
Spouse/Registered Domestic Grandmother/Grandfather
Partner Granddaughter/Grandson
Mother/Father Sister/Brother
Son/Daughter
Relationships noted above shall include in-laws and step relations.
Authorized Bereavement leave shall not be charged to sick leave.
Section 5.11 (a)
Under California law, an employee who has been employed by the City for 30 days or more is eli gilble to take up to five (5) days of unpaid bereavement leave. Leave under California law must be taken consistent with the bereavement policy at Section 5.11. This leave is not in addition to leave provided above under Section 5.11. California bereavement leave may be taken upon the death of a qualifying family member and must be taken within 30 days of the death. Leave need not be taken all at once.
Under California law, a qualifying family member is a spouse, child, parent, sibling, grandparent, grandchild, d omestic partner, or parent -in-law of the employee. “Child” includes biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
If leave is taken for a qualifying member and service is within 300 miles from Turlock, the employee will be eligible for up to four (4) paid days of bereavement leave under Section
5.11 and one (1) unpaid day under this section. However, the employee may use accruals for the last unpaid day. Under California law, tThe qualifying employee may use vacation, personal leave, or accrued and available sick leave , or compensatory time off that is
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otherwise available to the employee.
Upon request of the City, within 30 days of the first day of t he leave, the employee shall provide documentation of the death of the family member.
Probationary employees who have worked less than 30 days for the City are not eligible for bereavement leave.
5.12 MILITARY LEAVE
Military leave shall be granted in accordance with Section 395 of the Military and Veterans Code as well as federal law. An employee entitled to military leave shall give his Department Director an opportunity within the limits of military regulations to determine when such leave shall be taken. An employee requesting leave for this purpose shall provide the Department Director with a hard copy of the military orders specifying the dates, site, and purpose of mission. Within the limits of such orders, the Department Director may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave. Employees on temporary military leave of absence shall receive compensation in accordance with California State law or Ffederal law, whichever provides the employee with the greater benefit.
Additionallly, employees who work more than 20 hours per week and have a spouse or registered domestic partner in the Armed Forces, National Guard or Reserves who have been deployed during a period of military conflict are eligible for up to 10 unpaid days off when their spouse or registered domestic partner is on leave from (not returning from) military deployment.
Employees must request this leave in writing to [e.g., supervisor, H uman Relations DirectorR manager] within two business days of receiving official notice that their spouse or regist ered domestic partner will be on leave. Employees requesting this leave are required to attach to the leave request written documentation certifying the spouse or registered domestic partner will be on leave from deployment.
5.13 SPECIAL LEAVE WITH PAY
Special leave with pay may be granted by the City Council for an employee to participate in activities of benefit to the City.
5.14 SPECIAL LEAVE WITHOUT PAY
A maxi mum of six (6) months of Special Leave Without Pay may be granted to an employee by the City Manager when ever such leave is considered to be in the best interest of the City. In determining the City’s interest in granting Special Leaves of Absence withou t pay, the City Manager will consider: the performance ratings of the employee requesting the leave, the reasons for the leave and the ability of the affected department to continue its provision of service without the employee.
5.15 JURY DUTY AND COURT WITNESS LEAVE
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5.15.1 Jury Duty
A leave of absence with pay will be granted by a Department Director to an employee who is called for jury duty. Employees called for jury duty will be entitled to a leave of absence with pay. Any payment other than payment from the City, except travel pay, received by the employee shall be deposited with the City. A leave of absence with pay will be granted by a Department Director to employees who have been requested to serve as a court witness because of employment with the City.
A leave of absence may be granted by a Department Director to employees who have been requested or subpoenaed to serve as a court witness for any other reason; however, employees will be required to utilize accrued time off in order to be paid for that time off.
Employees must notify their supervisor as soon as they receive a jury summons. If an employee is required to report for jury duty during his/hertheir working hours, he/shethey will be excused from work on the work day he/shethey performs jury service, provided he/shethey gives prior notification to yourtheir supervisor. If he/shethey reports for jury duty and are not selected as a juror, or if the court dismisses the proceedings early for the day, he/shethey must return to work as soon as practicable. for the remainder of the work day.
5.15.2 Court Witness
A leave of absence with pay will be granted by a Department Director to employees who have been requested to serve as a court witness because of his or hertheir employment with the City. This does not apply if an employee elects to serve as an expert witness. If an employee elects to serve as an expert witness, he or she they may use accrued vacation or compensatory time offpaid sick leave.
5.15.3 Criminal Proceedings/Victim’s RightsCrime Victim Time Off and Accommodation
An employee who is, or who has a family member who is, a “victim” may take time off in order:
(1) To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary res training order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2) To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence. (3) To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence. (4) To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(5) To participate in safety planning or take other actions to increa se safety from future qualifying acts of violence.
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(6) To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare. (7) To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8) To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence. (9) To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10) To seek, obtain, or provide childcare or care to a care -dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
In general, an eligible employee may take up to 12 weeks of leave under this policy.
However, if an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) above, the City may limit the leave taken for that reason to five (5) days. In addition, if an employee’s fam ily member is a victim who is not deceased as a result of crime, and the employee is not a victim, the City may limit the total leave taken under this policy to 10 days.
Leave provided under this policy shall run concurrently with FMLA and/or CFRA leave taken by the employee (if the employee is otherwise eligible for such leave). This policy does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the 12 weeks provided under the FMLA.
For purposes of this policy a “victim” is defined as an individual against whom a qualifying act of violence is committed, regardless of whether anyone is arrested, prosecuted, or convicted, which is defined as:
• Domestic violence,
• Sexual assault,
• Stalking, or
• An act, conduct, or pattern of conduct that includes any of the following: (i) bodily injury or death to another individual; (ii) drawing, brandishing, or using a firearm, or other dangerous weapon; (iii) use, or a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death. “Family member” means any of the following: a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person (as such terms are defined by the CFRA).
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The employee is required to provide the City reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. When an unscheduled absence occurs, the City will not take any action against an employee, if the employee, within a reasonable time after the absence, provides certification to the City upon the City’s request.
Sufficient certification consists of:
(A) A police report indicating that the employee or a family member of the employee was a victim.
(B) A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C) Documentation from a licensed medical professional, domestic violence counselor, a sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D) Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section.
This leave is unpaid by the City, but an employee may use any accrued vacation or sick leave for such time off. The City shall maintain the confidentiality of any employee requesting this leave consistent with applicable law.
In addition to the above, the City shall not do any of the following:
• Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. For purposes of this provision only, a victim is person against whom any crime has been committed. • Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. The employee is required to provide the City reasonable advance notice of the employee’s intention to take time off under this provision, unless the advance notice is not feasible. When an unscheduled absence occurs, the City will not take any action against an employee, if the employee, within a reasonable time after the absence, provides the certification described above to the City upon the City’s request.
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Reasonable Accommodation
The City will provide reasonable accommodations to employees who are, or whose family members are, victims and who request such accommodation for the safety of the employee while at work, consistent with applicable law. A reasonable accommodation may include the implementation of safety measures, such as a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station or installed lock; assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace; an implemented safety procedure; or another adjustment to the employee’s job duties and position.
To request an accommodation under this policy, an employee should contact Human Resources. The City will engage in a timely, good faith interactive process with the employee to identify effective reasonable accommodations whi ch do not pose an undue hardship, if any. In determining whether a possible accommodation is reasonable, the City will consider an exigent circumstance or danger facing the employee or their family member. The City may require an employee requesting reas onable accommodation to provide:
• a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the accommodation is for a permissible purposes; and
• certification confirm the employee’s or their family member ’s status as a victim. The City may request re-certification every six (6) months from the date of the prior certification.
The City will maintain the confidentiality of the victim status of the employee or their family member, and of any documentation th at identifies them as such, except as required by law or as necessary to protect the employee’s safety in the workplace.
No Retaliation
The City will not retaliate against an employee for any of the following reasons:
• for requesting a reasonable accommodation under this policy. • because of the employee’s status, or the employee’s family member’s status, as a victim if the employee provides notice to the City of the status or the City has actual knowledge of the status.
• for requesting or taking time off under this policy.
The City prohibits discrimination against an employee who is a victim of certain serious criminal offenses and wishes to take time off to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a post -arrest release decision, plea, sentencing, or post-conviction release decision or any proceeding in which a right of the victim is at issue.
A "victim" means any employee who suffers direct or threatened physical, psychological
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or financial harm as a res ult of the commission or attempted commission of a serious criminal offense. The term "victim" also includes the employee's spouse, registered domestic partner, parent, child, sibling or guardian.
Before employees may take time off under this policy, they must provide the City with reasonable advance notice of their intention to take time off, unless the advance notice is not feasible. If an employee must take an unscheduled absence due to victimization from a serious criminal offense, the employee must provide the City with a certification within a reasonable time. The types of certification to account for an unscheduled absence include:
a court order protecting or separating the employee from the perpetrator of one or more of the specified offenses, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or documentation from a medical professional, domestic violence counselor or advocate for victims of sexual assault, health care provider or counselor that the emp loyee was undergoing treatment for physical or mental injuries resulting in victimization from one of the specific serious criminal offenses.
Confidentiality of the situation, including an employee's request for the time off, will be maintained to the greatest extent possible.
Employees may use accrued leavebenefits, such as vacation time or sick leave, in order to receive compensation during the time taken off from work.
Confidentiality of the situation, including an employee's request for the time off, will be maintained to the greatest extent possible. Employees may use accrued benefits, such as vacation time or sick leave
5.16 PARENTAL LEAVE FOR SCHOOL-RELATED ACTIVITIES
Employees who are parents, guardians, or custodial grandparents will be granted up to forty (40) hours per year to visit their child’s school or licensed day child care provider for the child’s school activities. Time off will be without pay unless the employee elects to use accumulated vacation time or compensatory time, or unless p aid time off is specifically provided by the applicable Mmemorandum of Uunderstanding. The employee must give reasonable notice to his/hertheir supervisor before participating in the school activity.
Employees who are the parent or custodial guardian of a child in kindergarten or grades one through 12 may take time off to attend a school conference involving the possible suspension of their child . To be eligible for leave, the child must be living with the employee, and the employee must provide advance notice that his or hertheir appearance at the school has been requested.
The City may require employees to provide documentation, including a copy of the school's notice or some other certification stating that the employee's presence at the school is mandatory.
Employees wishing to take such leave may utilize their existing vacation time or other accrued paid time off with pay.
5.17 DOMESTIC VIOLENCE OR SEXUAL ASSAULTMEDICAL LEAVE AS A
REASONABLE ACCOMMODATION
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Employees may be provided with an unpaid medical leave of absence as a reasonable accommodation, if they are unable to work due to a qualifying disability and have exhausted, or are ineligible for, FMLA, CFRA, or Pregnancy Disability Leave (“PDL”).
Employees who believe they need such a leave of absence should bring the request forward to their supervisor or Human Resources, so that the City can engage in a timely interactive process. The City may require certification from the employee’s health care provider that the employee has a qualifying d isability, is unable to perform the essential function(s) of their role with or without reasonable accommodation, and the expected duration of the leave. The City will evaluate the leave request on a case -by-case basis consistent with applicable law.
Employees on leaves approved under this policy may use any accrued paid sick leave or vacation time. Such paid sick leave or vacation time will be integrated with any State Disability Insurance benefits received by the employee, so that the employee receives no more than 100% of their usual compensation. During the leave, employees may be offered COBRA and be responsible for the premium payments, consistent with the terms and conditions of the City’s health plan(s).
Employees who receive a leave under this policy should contact Human Resources with any updates to their work status or planned return -to-work date. Employees who wish to extend their leave beyond their planned return -to-work date may be required to obtain additional certification from their health care provider so that the City can evaluate their request for a leave extension consistent with applicable law. Prior to returning to work, employees may be required to obtain certification from their health care provider stating that they are released to work with or without reasonable accommodation.
Employees who are the victim of domestic violence or sexual assault may take leave in order to: seek medical attention for injuries caused by domestic violence or sexual assault; obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence or sexual assault; obtain psychological counseling related to an experience of domestic violence or sexual assault; and participate in safety planning and take oth er actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation. Employees may also take leave in order to obtain or attempt to obtain relief to help ensure the health, safety, or welfare of themselves or their child, including but not limited to a temporary restraining order, restraining order or other injunctive relief.
Such time will be unpaid, unless the employee elects to use vacation time, compensatory time, paid sick leave or other available accrued paid leave.
Employees must give their supervisor reasonable advance notice of the intent to take time off, if Feasible, and provide certification that the employee has been a victim. This information will be kept confidential as allowable by law.
Feasible, and provide certification that the employee has been a victim. This information will be kept confidential as allowable by law.
5.17.1 Accommodation for Victims of Domestic Violence, Sexual Assault or Stalking
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The City will make reasonable accommodations for any employee who reports that he or she is the victim of domestic violence, sexual assault or stalking and requests that the City accommodate his or her safety while at work, unless providing the accommodation will impose an undue hardship on the City's business operations or violates the City's duty to provide a safe and healthy working environment for all employees.
Reasonable accommodations may include, but are not limited to: a transfer; reassignment; modified work schedule; change in w ork telephone number; change in work station; installed lock; assistance in documenting domestic violence, sexual assault or stalking that occurs at the workplace; safety procedures; or other adjustment to a job structure, workplace facility or work requirement in response to a domestic violence, sexual assault or stalking or referral to a victim assistance organization.
Employees may also be entitled to a leave of absence under the City's Domestic Violence, Sexual Assault or Stalking Victim Leave policy a nd should consult that policy and/or Human ResourcesHuman Relations for additional information.
The City may request that an employee provide a written statement signed by the employee (or an individual acting on behalf of the employee) certifying that the requested accommodation is for the employee's safety while at work. The City may also require an employee to provide a certification, such as police report, court order or documentation from a medical professional, that the employee is the victim of domestic violence, sexual assault or stalking and may request recertification every six months.
Employees must notify the City if their needs change or if they no longer need an accommodation.
5.18 BONE MARROW/ORGAN DONOR LEAVE
Eligible employees who undergo a medically necessary procedure to donate bone marrow to another person will be provided with five workdays off in any one -year period, without a loss in pay. For purposes of this policy, a "one -year period" is 12 consecutive months from the date the emp loyee begins his or her their leave. Employees may take leave in one or more periods, as long as the leave does not exceed five days in any one -year period.
Eligible employees who undergo a medically necessary procedure to donate an organ will be provided with up to 30 workdays off in any one-year period, and up to an additional 30 business days of unpaid leave in any one-year period for the purpose of donating an organ to another person without a loss in pay. For purposes of this policy, a "one-year period" is 12 consecutive months from the date the employee begins his or her their leave.
Employees may take leave in one or more periods, as long as the leave does not exceed 360 days in any one-year period.
Employees are eligible for leave if they have worked for the City for at least 90 continuous days prior to the start of their leave.
Employees who seek leave under this policy must provide verification from a physician detailing the purpose and length of leave, including the medical necessity for the donation.
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Employees must use up to five days of earned but unused sick leave, or vacation, or paid time off for bone marrow donation and up to two weeks of earned but unsused sick time, or vacation, or paid time off for organization donation unless otherwise p rovided in the applicable MOU. all available accrued sick or vacation time concurrently with this time off.
If an employee does not have enough earned sick or vacation time to cover the leave period, tThe remaining days of leave will be paid by the City to the extent required by law.
Leave under this policy is also not considered a break in service for purposes of, salary adjustments, sick leave, vacation, annual leave or seniority.
While on bone marrow donor leave, the City will maintain all group health insurance benefits as if the employee was still at work. In most circumstances, upon return from this leave, an employee will be reinstated to his or hertheir original job or to an equivalent job with equivalent pay, benefits and other employment terms and conditions. However, an employee has no greater right to reinstatement than if he or shethey did not take a leave.
For example, if an employee on bone marrow donor leave would have been laid off had he or shethey not taken a leave, or if the employee's job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement.
The City will not retaliate or tolerate retaliation against any employee for requesting or taking bone marrow or organ donor leave in accordance with this policy.
5.19 EMERGENCY RESPONDER LEAVE
The City will not terminate or discipline any employee who is a volunteer firefighter, reserve peace officer or emergency rescue personnel because the employee takes time off to perform emergency duty. In the event you need to take time off for this type of emergency duty, please alert your supervisor or Human ResourcesHuman Relations before leaving the City's premises.
A "volunteer firefighter" includes any person registered as a volunteer member of a regularly organized fire department of a city, county, city and county or district having official recognition of the government of the city, county or district in which the department is located; or a regularly organized fire department of an unincorporated town.
"Emergency rescue personnel" includes any volunteer or paid officers, employees, or members of a fire department or fire protection or firefighting agency who perform first aid and medical services, rescue procedures a nd transportation or other related activities necessary to einsure the health or safety of a person in immediate danger. Such personnel include those who work for the: (1) federal or state government; (2) city, county, city and county, district or other public or municipal corporation or political subdivision of this state; (3) sheriff's department, police department or private fire department; or (4) disaster medical response entity sponsored or requested by the sState.
All time off taken under this polic y is unpaid, except that exempt employees will be paid when required under applicable law.
5.20 CIVIL AIR PATROL LEAVE
No employee with more than 90 days of service shall be disciplined for taking time off to
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perform emergency duty as a volunteer in the California Civil Air Patrol. If you are a Civil Air Patrol volunteer, please alert your supervisor that you may have to take time off for emergency duty. When taking time off for emergency duty, please alert your supervisor before doing so, giving as much advance notice as possible.
Up to 10 days of leave for duty may be taken each year. However, leave for a single emergency mission cannot exceed three days, unless the emergency is extended by the entity in charge of the operation and the extension of leave is approved by the City.
5.21 REPRODUCTIVE LOSS LEAVE
Upon a reproductive loss event, employees who have been employed by the City for at least 30 days are eligible to take up to five (5) days of reproductive loss leave. If an eligible employee experiences multiple reproductive loss events within a 12 -month period, the employee may take no more than 20 days total of reproductive loss leave within the 12 - month period.
Reproductive loss leave need not be taken on consecutive days. It must be complet ed within three (3) months of the event entitling the eligible employee to such leave, except that if, prior to or immediately following the reproductive loss event, the employee is on or chooses to go on Pregnancy Disability Leave, California Family Rights Act Leave, or any other leave pursuant to state or federal law, the employee must complete their reproductive loss leave within three (3) months of the end date of the other leave.
Reproductive loss leave is unpaid, except that an eligible employee may use any accrued, unused vacation or paid sick leave during the leave.
Employees should provide notice of their need for reproductive loss leave as soon as practicable to Human Relations. The City shall maintain the confidentiality of any employee request ing leave, and any information provided to the City by a requesting employee shall not be disclosed except to Human Relations or management, as necessary, or as required by law. The City prohibits retaliation in any form against an employee who exercises their right to reproductive loss leave or as otherwise provided by applicable law.
Within this policy, a “reproductive loss event” means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction, as those terms are defined below:
• “Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested b y another party. This event applies to an employee who would have been a parent of the adoptee if the adoption had been completed.
• “Failed surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to an employee who would have been a parent of a child born as a result of the surrogacy.
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• “Miscarriage” means a miscarriage by an employee, by the employee’s current spouse or domestic partner, or by another individual if the employee would have been a parent of a child born as a result of the pregnancy. • “Stillbirth” means a stillbirth resulting from an employee’s pregnancy, the pregnancy of an employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• “Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a n employee, the employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent of a child born as a result of the pregnancy. • “Assisted reproduction” means a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation and does not include any pregnancy achieved through natural means.
Chapter 6: Workplace Violence Policy
6.1 PolicyPOLICY
The City of Turlock is committed to providing a safe w ork environment that is free of violence, threats of violence, and/or threatening acts. Any violent or threatening conduct of any kind on City premises or involving City -related activities will not be tolerated (whether it is direct against a co-worker, manager/supervisor, volunteer or outside party).
The City of Turlock will act quickly and firmly to investigate s all incidents of workplace violence and take appropriate disciplinary action against offending employees. All reports will be taken seriously and investigated promptly and thoroughly. If deemed necessary, the City will prosecute those employees or non -employees (volunteers) who threaten, endanger, or intimidate others.
6.2 PURPOSEPurpose
The City of Turlock recognizes that workplace violence is a growing concern for both the employees and the employers. The purpose of this policy is to ensure a violence -free workplace and affirm the City’s commitment to providing a safe and secure workplace.
The City of Turlock will hold all managers, supervisor s, and employees accountable should they commit acts of intimidation or violence at work. Further, this policy is designed to provide avenues of resolution and support for employees who experience violence at work; and will warn of the potential disciplin ary consequences if they engage in violent behavior during the course of their employment.
6.3 Definition of Workplace ViolenceDEFINITION OF WORKPLACE VIOLENCE
Workplace violence consists of violent or potentially violent verbal or physical acts which occur on an employer’s premises and/or at other locations where employees are engaged in work- related activities. The City of Turlock defines workplace violence as follows:
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1. Act of Violence means any assault, battery, or stalking with the intent or implied intent to harm a person or property.
2. Threat of violence means a statement or course of conduct that could cause a reasonable person to believe that he or she is under threat of death or bodily injury or that his/her property would be damaged.
3. Intimidation or harassment towards others means to torment persistently to where an individual becomes timid or fearful.
6.4 EXAMPLES OF PROHIBITED VIOLENT CONDUCTExamples of Prohibited Violent Conduct
Examples of workplace violence include, but are not limited to the following:
1. Threats– Violence in the workplace is not limited to physical acts. Verbal threats, whether or not such comments are accompanied by any physical component, undermine workplace safety and security.
2. Threatening, physically aggressive, or viole nt behavior – May include physically dominating or “bullying” someone, whether actually touching them or not such as looming over them, blocking their path ectc.
3. Other behavior that suggests a propensity towards violence– May include belligerent speech, exc essive arguing or swearing, destruction and/or defacement of City property or facilities, or a demonstrated pattern of refusal to follow City policies and procedures, or to maintain effective working relationships with City employees and others contacted in the course of work.
4. Carrying Weapons – With the exception of authorized police personnel, bringing weapons, firearms, or other potentially harmful devices of any kind on City premsises, in City parking lots, into City vehicles, while conducting City business ir while involved in any City-related functions is prohibited.
A zero tolerance applies to any of the following which shall also be considered violent acts:
a. Striking, punching, slapping or assaulting another person. b. Fighting or challenging another person to fight.
c. Grabbing, pinching or touching another person in an unwanted way. d. Damaging/destruction of City property or property of others. e. Using different means of communication to express anger or irritation in a form that can be considered threatening or bullying (Ex: letters, e-mails, phone calls/voicemails, text messages, blogs or social media sites)
6.5 REPORTING WORKPLACE VIOLENCEReporting Workplace Violence
All City if Turlock employees are responsible for communicating and implementing this policy. Any employee who has been a victim of an act or threat of violence, or who has witnessed or been made aware of such behavior or incidents in the workplace, shall be expected to immediately report all facts of the incident(s) and name(s) of the individ uals
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involved.
No employee who, acting in good faith, initiates a complaint or reports and incident under this policy shall be subject to retaliation or harassment for doing so. To the greatest extent possible the City will maintain the confidentially of the reporting individual and of the investigation.
6.6 RETALIATIONRetaliation
Employees must feel comfortable in reporting potential actual violence in the workplace in order for the City to resolve these situations. Any retaliation against an employee for reporting violent or potentially violent behavior, or participating in a subsequent investigation, will not be tolerated. Any employee engaging in retaliatory behavior, which is found to be in violation of this policy, will be subject to disciplinary action in accordance with the City’s Personnel Rules and Regulations.
6.7 RESPONSIBILITIESResponsibilities
1. Except as set forth below, the City Manager is responsible for enforcement of the City Policy Against violence in the workplace.
2. The Human Resources ManagerHuman Relations Director is responsible for ensuring that all complaints of violence are investigated thoroughly and promptly, including presentation of recommendations for any necessary action to the City Manager, Department Director, or Department Manager.
3. Every Department Director is responsible for informing all employees of the City Policy Against Violence in the Workplace and for taking the steps necessary to set a positive example in the prevention of violence.
4. Every Supervisor is responsible for taking immediate and appropriate corrective action upon the observation of any incident of violence or upon receipt of an oral or written report of any occurrence of violence in the workplace.
5. Every City Employee is responsible for reporting any act of violence to the immediate Supervisor, Department Manager, Department Director, Human Resources ManagerHuman Relations Director or the City Manager.
6.8 COMPLAINT RESOLUTION PROCEDURESComplaint Resolution Procedures
City employees shall report any act of violence to their immediate Supervisor, Department Manager or Department Director. The Human Resources Manager Human Relations Director will investigate and attempt resolution of the violence complaints in accordance with the City’s Complaint Procedure.
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Chapter 7: Disciplinary Procedures
Unless provided otherwise, these disciplinary procedures apply to all City employees.
To the extent an employee is covered by the terms of a Memorandum of Understanding or an employment agreement which is inconsistent with these procedures, the Memorandum of Understanding or employment agreement will govern.
7.1 DISCIPLINE AND CORRECTIVE ACTION OF REGULAR EMPLOYEES OF THE
COMPETITIVE SERVICE
7.1.1 Purpose
The purpose of this procedure is to provide employees subject to disciplinary action with all rights to which they are entitled to by law; to provide an orderly procedure for pre-action notice, response, implementation, and appeal; and to correct deficiencies in employee performance and to assure improvement to meet job standards.
These procedures do not apply to at-will employees, probationary employees, or temporary employees, who may be terminated for no reason or any reason not prohibited by law. To the extent an employee is covered by the terms of a Memorandum of Understanding or an employment agreement which is inconsistent with this procedure, the Memorandum of Understanding or employment agreement will govern.
7.1.2 Employee Representation
An employee may have a representative at all stages of the discipl inary or corrective process provided that the representative is not a party to the action.
7.1.3 Types ofCorrective Action/ Discipline
Corrective action may consist of:
• An oral warning;
• A written reprimand; and/or
• A Performance Improvement Plan (PIP) designed by a supervisor or Department head aimed at correcting specific deficiencies in an employee’s performance.
Discipline may consist of:
• A suspension without pay for up to thirty (30) days;
• A reduction in pay (to a lower salary step in a given range); • A demotion to a lower classification; and/or
• Termination.
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7.1.4 Administrative Leave
An employee may be placed on paid administrative leave pending investigation of facts possibily giving rise to the potential need for discipline.
7.1.5 Causes for Discipline
An Employee in the competitive service who has regular status is subject to disciplinary action. Each of the following shall constitute cause for discipline: Each of the following, includes, but shall not be limited to, causes for correction, or discipline up to and including termination. In any case, this section shall not alter the nature of employment for any employee who serves in an “at-will” capacity.
A. Omission or willful misrepresentation of material fact or other fraud in securing employment;
B. Incompetence;
C. Inefficiency;
D. Inexcusable neglect of duties;
E. Insubordination;
F. Dishonesty;
G. Improper use of drugs, including (1) drunkeness intoxication on duty, (2) use of illegal drugs while on duty, (3) incapacitate for proper performance of duties by prior use of drugs incapacity to perform duties caused by drug use. The terms “drugs” shall mean controlled substances as defined in Division 10 (commencing with Section 11000) of the California Health and Safety Code, and shall also mean alcohol, prescription drugs that impair ability to work, or any other mind-altering substances; H. Unexcused absence from duty, including but not limited to, participation in unlawful strikes or other job actions, such as sick-ins;
I. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contender, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this subsection for a crime with a nexus to the workplace that prevents an employee from sufficiently performing his or her job duties; J. Discourteous treatment of the public or other employees; K. Willful disobedience;
L. Misuse of City property;
M. Inconsistent, incompatible or conflicting employment, activity or enterprise; N. Violation of an established departmental rule;
O. Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the employee’s department or employment; P. Excessive Absenteeism.
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7.1.6 Notice of Proposed Disciplinary Action
Prior to the imposition of discipline consisting of suspension without pay, reduction in pay, demotion, or termination, a regular employee shall be provided a written notice or “Skelly letter” by the Department Director proposing to implement discipline which contains:
• Notice of the proposed action;
• The reasons for the proposed action;
• A copy of the charges and any materials upon which the proposed action is based; • Notice that the employee is entitled to an opportunity to respond to the charges orally or in writing, or both, personally or with a representative who may be an attorney; • The date and time of the response or “Skelly” meeting, which shall be held in no less than seven (7) cale ndar days after service of the Notice, during which the employee and his or her representative shall have an opportunity to refute the charges, present facts that may not be known, or offer alternatives to the proposed action; • Notice that if the employee f ails to attend the response meeting, the employee shall be deemed to have waived all rights to said meeting and from appeal to any action taken.
7.1.7 Response Meeting
At the time and place set for the response or “Skelly” meeting giving the employee the opportunity to respond, the employee may respond orally and/or in writing, personally, or with a representative to the City Manager or their designee, who shall serve as the “Skelly Officer”.
Neither party shall be entitled to call witnesses or take testimony.
At the meeting, the Skelly Officer Department Director may consider information contained in the charges and recommendations, as well as information presented by the employee or his or her representative.
At the conclusion of the response meeting or within tren (10) business days, the City Manager or their designee Department Director shall issue a written order, implementing or determining not to implement the proposed disciplinary action. The City Manager Department Director may implement an acti on that is or lesser severity than what was initially proposed. If longer than ten business days is needed for the City Manager Department Director to issue a written order, the employee and his or her representative will be notified of the need for more time.
7.1.8 Implementation of Discipline
When the discipline is imposed by the City ManagerDepartment Director, a copy of the order shall be served upon the employee either personally, or by registered certified mail, return receipt requested, at the las t known address on file with the City. The order shall include:
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1. A statement of the discipline imposed;
2. Effective date of the discipline;
3. A statement of the causes for the discipline;
4. A statement of the specific facts or omissions upon which the discipline is based;
5. A statement advising the employee of his or her rights to appeal the disciplinary action, if any. This statement shall include the manner and time within which an appeal must be taken, and the required content of the appeal notice.
Disciplinary action consisting of a suspension without pay, reduction in pay, demotion, or termination may be appealed by a regular employee pursuant to the Personnel System Rules and Regulations Section 7.1.9.
7.1.9 Disciplinary Appeal Procedure
After service of an order of disciplinary action consisting of a suspension without pay, reduction in pay, demotion, or termination as specified in this Section, a regular employee or his or her representative may appeal the discipline to the City Council, which may choose to assign an advisory hearing officer. A written request for an appeal must be served on the City Manager within ten (10) business days following the date of the order of discipline.
7.1.10 Selection of Hearing Officer
If the City Council chooses to assign the hearing to an advisory hearing officer, the City shall select a hearing officer from The appeal shall be heard by a hearing officer provided by the City by a non-profit organization or governmental agency with whom the City has contracted to conduct h earings pursuant to this Section , such as the California State Mediation & Conciliation Service. No hearing officer shall be compensated or evaluated, directly or indirectly, based upon the outcome of any hearing.
7.1.11 Appeal Hearing and Decision
The appeal hearing shall be an evidentiary hearing with due process rights including the right to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision. However, the formal rules of evid ence shall not apply, and the City Council or hearing officer shall be entitled to rely upon any evidence that reasonable persons would commonly rely upon in the course of the conduct of their business.
Within thirty (30) days of the conclusion of the hearing, the City Council or hearing officer shall render a written decision. The decision of the City Council or hearing officer shall be provided to both parties.
7.1.12 City Council
Any decision of a the hearing officer shall be advis ed by ory to the City Council City Manager. Upon review of the decision, the City CouncilCity Manager may affirm, modify,
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reverse, or otherwise resolve the disciplinary action. In accordance with Section 2-4-504 of the Municipal Code, the City Council may choose to hear the appeal directly and render the decision itself. The decision of the City Council City Manager shall be final subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.
Chapter 8: GRIEVANCES
Unless provided otherwise, these grievance procedures apply to all City employees. To the extent an employee is covered by the terms of a Memorandum of Unders tanding or an employment agreement which is inconsistent with these procedures, the Memorandum of Understanding or employment agreement will govern.
8.1 GrievancesGRIEVANCES
A grievance is defined as an alleged violation of a City rule, policy, or procedure.
8.2 First Step – Informal ProcedureFIRST STEP – INFORMAL PROCEDURE
An employee or their representative having a grievance arising from employment in the municipal service shall seek adjustment of theany grievance initially with their immediate supervisor within ten (10) working days of the event which is the subject of the grievance.
8.3 SECOND STEP – DEPARTMENT DIRECTORSecond Step – Department Director
Should the immediate supervisor be unable to make a satisfactory adjustment to the grievance, or be a party to the grievance, the employee or their representative may seek adjustment through the Department Director within ten (10) working days of the immediate supervisor’s response. The grievance shall be submitted to the Department Director in writing and with the following information:
a. Nature of the grievance.
b. Date when the incident occurred.
c. Description of the incident.
d. Rule, policy, or procedure violated.
e. Specific remedy sought by the Grievant(s).
8.4 THIRD STEP – CITY MANAGERThird Step – City Manager
Should the Department Director be unable to make a satisfactory adjustment within 10 working days to th e grievance , or be a party to the grievance, the employee or his representative may seek adjustment through the City Manager within ten (10) working days of the Department Director’s response . a written request and statement of facts to the City Manager. At the same time, the employee shall submit a copy of such request to
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his Department Director. The City Manager shall investigate the concernproblem, and may call on independent consultants as theyhe considers necessary, and shall state theirhis decision to the employee and their his Department Director in writing, within ten ( 10) working days after receiving the grievance. The decision of the City Manager shall be final and binding on all parties.
Formal Procedure
An employee in the municipal service holding a regular appointment who is suspended for more than three (3) days, demoted or dismissed by the City Manager, or who alleges that those sections of the Personnel Ordinance or Rules relating to promotion, demotion, reduction, suspension and dismissal have been violated by the City Manager shall be entitled to be heard before the City Council. The affected employee shall provide a written request filed with the City Clerk within 10 work days from the effective date of the notice of such action from which the employee seeks exception. The written request for a hearing before the City Council shall be processed as follows:
a. Within twenty (20) days of filing of a written request for a hearing, the City council shall investigate the charges and may call on independent consultants as it considers necessary, and shall conduct a hearing.
b. The hearing before the City Council may be public or private at the option of the employee; and, the employee may be represented by legal or another representative.
c. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely upon tin the conduct of serious affairs.
Such evidence may be used regardless of the existence of any common law or statutory rule which might make the admission of such evidence improper in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they may now and hereafter be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
d. Such evidence may be used regardless of the existence of any common law or statutory rule which might make the admission of such evidence improper in civil actions.
e. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they may now and hereafter be recognized in civil actions.
df. The City Council shall, within 10 days of the hearing, render its decision in writing and the City Clerk shall direct copies thereof to the City Manager, the employee requesting said hearing, and the Department Director concerned.
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eg. The decision of the City Council may sustain, revoke, or modify the suspension demotion, reduction in pay, or dismissal and shall be final and conclusive in all respects and shall not be subject to appeal.
f. In the event the City Council revokes or modifies a suspension, demotion, reduction inpay, or dismissal and orders the employee reinstated to his former position, it shall direct the payment of salary to the employee for the period of time the City Council rescinds the action.
Chapter 9: Layoffs
Unless provided otherwise, these layoff procedures apply to all City employees. To the extent an employee is covered by the terms of a Memorandum of Unders tanding or an employment agreement which is inconsistent with these procedures, the Memorandum of Understanding or employment agreement will govern.
9.1 LAYOFFS/REDUCTIONS IN WORKFORCELayoffs/Reductions In Force
The City Manager may lay off an employee in the municipal service upon two (2) weeks written notice because of material change in duties, reorganization, or shortage of work or funds.
9.2 SENIORITYSeniority
Seniority for purposes of layoff shall be determined by continuous service within the classification subject to reduction. A tie in seniority for a classification subject to layoff shall be broken by the Department Director. The Department Director shall consider past performance and qualifications, as reflected in official documentation in the employee ’s personnel file in determining the most senior employee.
9.3 BUMPING RIGHTSBumping Rights
A senior employee may bump /displace a junior employee serving in the same classification, or in a lower classification that the senior employee previously served in. A senior employee may also bump/displace a junio r employee serving in a lower classification within the same class of positions that the senior employee serves in.
9.4 REEMPLOYMENTReemployment
Employees subject to layoff shall be placed on a reemployment list based on their seniority ranking, and for a period of one (1) year. The City shall notify employees on the reemployment list of any vacancies that occur within classification(s) previously held by the employee, and offer reemployment in reverse order of layoff.
A statement certifying whether or not the services of the employee have been satisfactorily satisfactoryrily shall be given to the employee, and a copy shall be kept in the employee’s personnel file. If the employee’s services have been satisfactory, he or she shall b e considered for re-employment for up to one (1) year from the date of lay off. If not certified
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as having given satisfactory service, the employee may request a hearing as provided by the Personnel Ordinance and these rules.
An employee having seniority based on continuous service in the affected classification and having given satisfactory service may be demoted or transferred to another vacant position for which he or she is qualified, instead of being laid off.
For the purpose of aiding in determining order of layoff, total cumulative time served in the City service shall include time served on military leave of absence.
The names of probationary and regular employees laid off shall be placed on re - employment lists for classes which, in the opinion o f the City Manager, require basically the same qualifications and duties and responsibilities of those of the class positions from which layoff was made.
Names of persons laid off shall be placed upon re -employment lis ts in order of their competence, based on evidence contained in performance evaluation and Department Director assessment for re-employment purposes.
Chapter 10: Miscellaneous Policies
10.1 EMPLOYEE CONDUCT
10.1.1 Political Activity
Political activity of municipal employees shall be restr icted in accordance with the Personnel Ordinance. Employees may not pose for campaign materials nor participate in any other political activities during working hours, on City property, or in City uniforms or while wearing other apparel or badges indicating their City employment. Employees may not participate in political a ctivities of any kind while on City -owned or City -Controlled property, other than property that the City makes available to the general pu blic for the use of political purposes such as a public place or City sidewalk. City employees shall not use City resources to support or oppose a candidate for any elective office, use City resources to support or oppose a recall effort, support or oppose any initiative, referendum or ballot measure, or engage in political activities during working hours and/or while on City property. Violation of these rules can result in disciplinary action.
10.1.2 Solicitation of Contributions
No appointed or elected City Official, employee or candidate for City off ice shall in any way solicit or receive contributions or services while on the job for any political purpose, from any city employee or applicant, or appointive official.
10.1.3 Acceptance of Gifts
Gifts to the City shall be accepted by City Council motion.
Elected and appointed City officials and employees shall not accept any tip, special gift of value, or other consideration because of services rendered in their official capacity as city
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officers or employees.
10.1.4 Use of City Equipment
City vehicles and equipment are to be used for City business only.
Exceptions may be authorized, in writing, by the City Manager.
10.1.5 Financial Affairs
Employees shall arrange their personal financial affairs so that creditor and collection agencies need not call on City offices in making collections.
When garnishment or wage attachment is required on a City employee, the City shall charge an administrative fee which represents the time and materials required to process the same.
10.1.6 Outside Employment
Full-time employees may not carry on concurrently with their municipal service, any private business or undertaking, attention to which affects the time or quality of their work or which tends to discredit the City government, or which may result in a conf lict of interest with their duties with the City.
business or undertaking, attention to which affects the time or quality of their work or which tends to discredit the City government, or which may result in a conflict of interest with their duties with the City.
Outside work or private business or undertaking of full -time employees is permitted only upon recommendation of the Department Director and approval of the City Manager.
10.1.7 Use Of City Equipment
City Vehicles and equipment are to be used fo r City business only. Exceptions may be authorized by the City Manager.
Exceptions may be authorized by the City Manager.
10.2 TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT
10.2.1 Transfer
After written notice to the City Manager, an employee may be transferred by the Department Director at any time from one position to another position in the same or comparable class. If the transfer involves a change from the jurisdiction of one
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Department Director to another, both must consent thereto unless the City Manager orders the transfer for purposes of economy or efficiency. No person shall be transferred to a position for which they do he does not possess the minimum qualifications. Employees who transfer into another department or like classification may be required to serve a new probationary period as a condition of transfer.
10.2.2 Promotion
The City Manager, after consulting with the Department Director concerned, shall determine whether vacancies in the municipal service shall be f illed by promotion from within the municipal service, or by open competition, whichever he or she considers to be in the best interest of the service.
10.2.3 Demotion
The City Manager, after consulting with the Department Director concerned, may demote an employee whose ability to perform their hisrequired duties falls below standard, or for a disciplinary purpose or due to a re -organization which results in a lesser level of responsibility to be performed by the incumbent. No employee shall be demoted t o a position for which he or she does not possess the minimum qualifications. Written notice of the demotion shall be given to the employee two (2) weeks before the effective date of the demotion.
.3.4 Salary Reduction
After consulting with the appropri ate Department Director, the City Manager may make salary reductions within the allowed salary range as a result of an employee’s diminished service value.
.3.5 Suspension Without Pay
A Department Director, for clearly stated reasons of just cause, may suspend an employee under his supervision, for as much as three (3) work days without pay. The Department Director shall submit a report of such action to the City Manager as soon as practicable, during the period of the suspension.
10.2.4 Reinstatement
Upon recommendation of the affected Department Director and the approval of the City Manager, an employee who has resigned with a good record may be reinstated to theirhis former position, if vacant, or to a vacant position in the same or comparable class within one (1) year from the date of their his resignation.
10.2.5 Resignation
An employee may resign from municipal service in good standing by giving two (2) weeks written notice to their his or her Department Director. Written notice shall state the effective date and the reasons for leaving. Failure to do so may be cause for denying future employment by the City. A resignation in good standing does not include resigning
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in lieu of termination.
The resignation shall be forwarded to Human Relation sthe City Manager , with the Department Director’s statement as to the employee’s performance and other pertinent information concerning the resignation. Letters of resignation are deemed accepted upon verbal or written notice to the employee.
If an employee is absent from their job for any period of time without proper authorization, they he/she may be subject to discipline. If an employee is absent from their his/her job without proper authorization for more than five (5) consecutive working days, or if an employee fails to return from an approved leave, the employee’s absence will be deemed an “automatic resignation.”
10.3 DESKS, LOCKERS, STORAGE, AND OTHER PERSONAL INSPECTIONS
Unless otherwise prohibited by federal, state, local law or MOU/Schedule of Benefits, the City reserves the right to open and enter, upon reasonable suspicion and with or without the employee’s permission any office, desk, locker, file cabinet, or other storage location on the City premises or work sites (including the City parking areas) and to inspect vehicles or any containers brought into the workplace or work site.
Although an employee may be assigned an office, desk, vehicle, locker, file cabinet, or other storage area or device by the City, such assignment shall not create an expectation of privacy in the use of such items or areas. These items remain the property of the City and may be searched at any time.
10.4 MEDIA CONTACT POLICY
The City Manager or their designee is the designated point of contact for the City for all media contact, as the City Manager is the official spokesperson for the City. Any contact by the media to an employee of the City regarding the City shall be immediately reported to the City Manager. Unless approved by the City Manager, no employee shall issue a statement or communicate with the media on behalf of the City.
10.5 PHONE POLICY
The personal use of City phones should be limited to break and lunch times unless it is an emergency. Long distance use of the City landline for personal use is prohibited unless specifically authorized by the employee’s supervisor or City Manager.
10.6 ADMINISTRATIVE INVESTIGATIONS
The City has the right to conduct administrative investigations of its employees, observing all applicable legal protections to said employees. The existence of an investigative policy established within a department of the City does not reduce the City’s right to conduct its own investigation of possible misconduct.
10.7 TRAINING OF EMPLOYEES
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10.7.1 Responsibility For Training
The City Manager, upon consulting the Department Director concerned, shall be responsible for the training programs for employees. Upon budget approval by the City Council and prior written authorization by the Department Director that a particular course of study is beneficial to his department, an employee shall be reimbursed his tuition charges upon satisfactory completion of a course.
Successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with his the Department Director, who shall transmit such information to the City Manager.
10.7.2 Authorization For Training And Conferences
Authorization may be granted by the Department Director and the City Manager for employees to attend professional conferences and meetings, or to participate in some form of activity or training, in the interest of the City.
Reimbursement of expenses incurred shall be made in accordance with the established financial procedures of the City within limits prescribed by the City Council.
10.7.3 Personnel Records
The City Manager shall maintain a file for each employee. This file shall contain a copy of every personnel transaction affecting the status of said employee. Personnel files of individual employees are confidential information and shall be used or exhibited only for administrative purposes or in connection with official proceedings before the City Council. However, any employee may examine his own file at any reasonable time. No information of any kind shall be placed in the individual employee personnel file without simultaneous notification of its complete content to the employee concerned.
10.8 LACTATION BREAK POLICY
10.8.1 Lactation Break
The City accommodates lactating employees by providing a reasonable amount of break time to any employee who desires to express breast milk for the employee’s child, subject to exception allowed under applicable law. If possible, the break time for expressi ng breast milk shall run concurrently with any break time already provided to the employee.
Any break time provided to express breast milk that does not run concurrently with break time already provided to the employee shall be unpaid pursuant to Labor Co de section 1030.
10.8.2 Lactation Break Location
The City will provide employees who need a lactation accommodation with the use of a vacant room or other private location that is located close to the employee's work area.
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Employees with private offices should use their offices to express breast milk. The location will meet the following requirements:
• Be safe, clean, and free of toxic or hazardous materials; • Contain a surface to place a breast pump and other personal items; • Contain seating; and
• Have access to electricity or alternative devices (including, but not limited to extension cords or charging stations) needed to operate an electric or battery -powered breast pump.
If the City is unable to provide employee with a permanent lactation location b ecause of operational, financial or space limitations, the City will provide a location based on the following requirements:
• It will not be a bathroom;
• It will be in close proximity to the employee’s work area; • It will be in private, shielded from view, an d free from intrusion while the employee expresses milk;
• It will otherwise meet the requirements of California state law concerning lactation accommodation.
The City will also provide the lactating employee access to a sink with running water and a refrig erator suitable for storing breast milk close to the employee’s workspace. If a refrigerator cannot be provided, the City shall provide another cooling device such as an employer-provided cooler.
10.8.3 Requesting Lactation Accommodation
Employees who desire a lactation accommodation should contact their supervisor or Human Resources Manager Human Relations Director in writing to request such accommodation. The employee’s supervisor or the Human Resources Manager Human Relations Director must respond to t he employee’s accommodation request in writing indicating the approval or denial of the break request. Employees have a right to file a complaint with the labor commissioner for any violation of rights provided under Chapter
3.8 of the California Labor Code regarding lactation accommodations.
.4 SEPARATION FROM THE SERVICE
.4.1 DISCHARGE
An employee other than a Department Director may be discharged by the City Manager after consulting the Department Director concerned. A Department Director may be discharged by the City Manager with the consent of the City Council. Any regular employee of the competitive service who has been discharged is entitled to receive a written statement of the reasons for such action, and to a hearing if he or she requests,
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as provided in the Personnel Ordinance and Section 223.00 of these rules.
The City Manager and the City Attorney may be discharged only by the City Council.
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APPENDIX A
Discrimination or Harassment Complaint Form
HARASSMENT AND DISCRIMINATION
COMPLAINT FORM
Date Received: _____________________
EMPLOYEE NAME (Complainant) ______________________________________ Please type or print
1. List Employee(s) alleged to have exhibited harassing and/or discriminatory behavior.
2. Describe incident(s), which support your complaint. Include location, dates, times and witnesses to the incident(s). (Attach additional pages if necessary).
3. In your own words describe why you feel these incidents represent harassment and/or discrimination as described in the City Policy Against Harassment and Discrimination.
_______________________ _______________
Complainant Signature Date